November 13, 2024 at 12:30 PM - Legal Committee Meeting

Discussion:  Committee Chair Dr. Melissa Wheelock called the meeting to order at 12:31pm.

Discussion:  CEO Polk reviewed the changes to the format of the agenda. Since the committee meetings are not open meetings, the consent agenda was removed. When there are contracts which require no discussion, they will be put under one agenda item. 

Discussion:  Craig Peterson, Coop Purchasing Director, is very excited to add one more municipality. This municipality will make 27. 

Discussion:  Craig Peterson, Coop Purchasing Director, was unable to attend the committee meeting. CEO Polk reviewed the attached Coop Peterson Report with the committee. Priscilla Quintana, Business Manager, shared the goal for Cooperative Purchasing is to increase sales to schools and members by 5% by working with schools identified as having few orders. Priscilla Quintana, Business Manager, and Colleen Lentz, Programs Assistant, will schedule time with schools, and they are in the process of sending emails requesting to meet. 

Discussion:  Colleen Lentz, Cooperative Purchasing Programs Assistant, reviewed the attached Nov 2024 ESUCC Coop Committee Meeting document. Sales in Q3 have gone down, which can be contributed to decreased spending and competition. 

Discussion:  CEO Polk reviewed the attached Article 3 Policy Review document and went through each change with the committee. Justin Knight, from Perry Law Firm, attended to answer questions.

Policies with discussion:

• 3007 - Purchasing: There are two options, Option A and Option B. Option A is what the ESUCC currently uses. Option B is more common place for ESUs and school districts. Option B makes the policy more clear on amounts. Dr. Schnoes' board recently raised the amount on the ESU 3 policy from $10,000 to $20,000 and would suggest the amount in the ESUCC Option B policy be raised as well. Dr. Schnoes recommended the amount for the sealed bids to be raised to $100,000. The other committee members agreed. 
• 3008 - Fiscal Management for Purchasing and Procurement Using Federal Funds: This appears to be a cut and paste from an ESSER policy. There is quite a bit of an opportunity to slim this section down. Dr. Wheelock is okay with taking this policy out. 
• New Policy - Credit Card Purchasing Program: Adding in a credit card purchasing program. ESUCC will provide the committee with a list of those who all have credit cards on an annual basis.
• New Policy - Conflict of Interest and Code of Conduct: Conflict of Interest was referenced, but there was not a policy specifically for Conflict of Interest. Just Knight provided two options, and Option A and Option B. It was decided to go with Option A.
• 3010 - ESUPDO and Affiliate Groups: ESUCC will approve affiliate groups comprised of ESU employees across the 17 ESUs. Dr. Schnoes does not believe the bylaws need to be a part of policy. 
• 3014 - Special Education Project: CEO Polk would recommend not having specific projects in policy. Every time a new project starts, policy will have to be updated. Dr. Schnoes agrees to the recommendation for the removal of the project specific items. 

Due to the November board meeting being so late in the month, the credit card bill will need to be paid prior to the meeting to avoid late fees.

KSB School Law has an Exempt Flow Chart. CEO Polk asked Justin Knight if Perry Law Firm has one or should ESUCC purchase the one from KSB. Justin Knight confirmed Perry Law Firm does have one and he will send it to CEO Polk.

Discussion:  Curt and Jason Bromm, from Bromm and Associates, attended the meeting to provide legislative updates to the committee. The Bromm and Associates discussion occurred before the Chief Executive Officer (CEO) Report to accommodate the Bromm's.

• Heading into a new two-year session. Senators are having a two-day orientation next week for the new senators. During the orientation, the new senators are given exposure to procedural rules and processes. 
• There will be many new committee members and committee chairs. 
• One third of the legislature was overhauled. The overhaul could include staff, LAs, and AAs. 
• There will be another legislative meeting from December 12-13, 2024 in Kearney. The meeting will focus more on the issues and setting up the new biennium budget. 
• The calendar on the Nebraska Legislature can be accessed to see hearing dates.
• The new Senator Meet and Greet is January 16, 2025.
• Legislative Day is February 25, 2025, from 6:30am-2:00pm at Bromm's office.
• The Appropriations Committee will be changing a bit. 
• Senator Linehan's bill on Opportunity Scholarship is not dead. The Governor mentioned looking forward to the legislature continuing the fight. 
• Commissioner Maher spoke to the state of the Department of Education. If there is any interest, the Education Hearings can be viewed on YouTube. Jason Bromm has heard positive things from the Senators about the Department of Education.

Discussion: 

No additional agenda items to add to the next committee meeting.

Discussion: 

The Legal Committee meeting adjourned at 2:01pm.

Minutes respectfully submitted by Mindy Reed, Executive Secretary.