Public Meeting Agenda: September 8, 2020 at 6:00 PM - Board of Education ESU 18 Regular Meeting

1. ESU 18 BOARD OF EDUCATION INFORMATION

Rationale:

Notice of the time and place of the Educational Service Unit 18 Board meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR.

The Educational Service Unit 18 Board is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Educational Service Unit 18 Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools. The Educational Service Unit 18 Board shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

5. SPECIAL PUBLIC HEARING ON 2020-21 ESU 18 PROPERTY TAX REQUEST

Rationale: The Governing Body of Educational Service Unit No. 18, is conducting this special public hearing pursuant to Section 77-1601.02 and other Nebraska laws. These laws provide that the 2020-2021 property tax request may not exceed the Educational Service Unit’s property tax request from the prior year, unless the Unit first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2020-2021 budget which is being considered for formal adoption by the Unit Governing Board later in this meeting. The purpose of this special public hearing is to receive testimony on the proposed property tax request. Any testimony received will be taken into consideration by the Unit Governing Board when action is taken to approve or modify the provided property tax request prior to October 13, 2020. A notice of this special public hearing containing all statutory information has been published in a newspaper of general circulation in Educational Service Unit No. 18 at least four days prior to the hearing.

6. APPROVAL OF MINUTES

Attachments: (2)

8-24 ESU Public Budget Hearing minutes

9/4/2020 at 12:49 PM
minutes - 8-25 ESU Meeting

9/4/2020 at 2:13 PM

7. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

8. CONSENT AGENDA

9. FIRST READING, ACTION AT NEXT MEETING

9.1. From Board Committees

9.1.1. 2020-21 EDUCATIONAL SERVICE UNIT 18 PROPERTY TAX REQUEST

Rationale:

Proper advance notice was given and a special public hearing has been held on whether ESU 18 should exceed its property tax request from the prior year (Attachment One).

Explanation

Pursuant to Section 77-1601.02 and other Nebraska laws, the 2020-2021 property tax request may not exceed the ESU 18’s property tax request from the prior year, unless ESU 18 first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2020-2021 budget which has already been formally adopted by the ESU 18 Governing Board. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2020-2021.

Staff recommends that the resolution below be adopted so that the 2020-2021 budget may be funded as adopted. A simple majority vote is required.

Proposal

That the ESU 18 Governing Board approve the resolution proposed below:

2020-2021 TAX REQUEST RESOLUTION
FOR
Educational Service Unit No. 18 of the State of Nebraska

WHEREAS, public notice was given at least five days in advance of a Special Public Hearing called by the Unit Board (hereinafter "the Board") of Educational Service Unit No. 18 of the State of Nebraska (hereinafter "ESU 18") in full compliance with all provisions of Section 77-1601.02 and other Nebraska laws for the purpose providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether ESU 18’s 2020-2021 fiscal year property Tax Request should exceed ESU 18’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying ESU 18’s property Tax Request for the 2020-2021 fiscal year; and

WHEREAS, such Special Public Hearing was held before the Board of ESU 18 at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of ESU 18, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and,

WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Hearing and has taken such into consideration as part of this action; and,
WHEREAS, the total assessed value of ESU 18 property differs from last year's total assessed value by 3.0991 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $0.014549 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, ESU 18 proposes to adopt a property Tax Request that will cause its tax rate to be $0.015 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and,

WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the ESU 18 will decrease compared from last year's by 0.5555 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the Board has now adopted its 2020-2021 fiscal year budget and after having reviewed ESU 18’s Tax Request, and after public consideration of the matter, has determined that the Final Tax Request as listed below is necessary in order to carry out the functions of ESU 18, as determined by the Board in order to correctly fund the budget for the 2020-2021 fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the Board of Educational Service Unit No. 18 of the State of Nebraska that all findings, determinations and the attached Attachment One as set forth above are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference.

BE IT FURTHER RESOLVED that the Board hereby approves and adopts ESU 18’s 2020-2021 fiscal year property Tax Request, including the county’s collection fee and any delinquent tax allowances and that the Tax Request should be, and is hereby set at $3,709,699.70; all as totaled and detailed more fully in Attachment One as attached.

AND, BE IT further resolved that if updated valuation, budget, or other pertinent information is subsequently received by ESU 18 or by Lancaster County, ESU 18, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601 and other Nebraska laws.

Attachments: (1)

ESU 18 2020-21 Budget Document_revised for valuation1.xlsx

8/31/2020 at 1:11 PM

9.2. From the Superintendent

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. 2020-21 EDUCATIONAL SERVICE UNIT 18 BUDGET ADOPTION

Rationale:

The Board held a public hearing on August 24, 2020, on the proposed budget for Educational Service Unit 18.

Explanation
Staff recommends that the Board review the budget statement as amended (Attachment One) prepared in compliance with the Nebraska Budget Act, State Law Section 79-1225, and other Nebraska laws. After Board review, the following resolution will be presented for approval on September 8, 2020.

RESOLVED by the Board of Educational Service Unit 18 of the State of Nebraska:

That $3,672,970 is the Board’s estimate of the total amount under its adopted budget statement to be received from taxation of the taxable property within the Educational Service Unit for the fiscal year beginning September 1, 2020, and ending August 31, 2021.

That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $3,672,970, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.

That the officers of the Board be directed to report the action of the Board of Educational Service Unit 18 to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2020, in accordance with State Law Section 13-508 and other Nebraska laws.

That the 2020-21 budget as presented, and amended, all supporting documents (copies of which are on file with official Unit records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration be hereby approved and adopted.

That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to new requirements, assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2020-21 fiscal year adopted budget and budget statement hereby approved.

That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and Section 79-1244 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2020-21 school fiscal year there is temporarily insufficient money in any of the Educational Services Unit’s funds, or in any of the funds of any entity of which the Educational Service Unit is a "blended component unit" as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.

Proposal
That the Board approve and adopt the 2020-21 budget statement and the above budget resolution, as amended.

Attachments: (1)

ESU 18 2020-21 Budget Document_revised for valuation.xlsx

8/31/2020 at 1:19 PM

10.2. From the Superintendent

11. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

12. REQUEST FOR CLOSED SESSION

Rationale:

The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.

Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

12.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters

Rationale: The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

13. ADJOURNMENT

September 8, 2020 at 6:00 PM - Board of Education ESU 18 Regular Meeting

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