May 14, 2024 at 6:00 PM - Board of Education Regular Meeting

Rationale: 

Notice of the time and place of the Lincoln Board of Education 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 Lincoln Board of Education 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 Lincoln Board of Education 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 Lincoln Board of Education 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.

Rationale:  The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.

Rationale: 

Rationale:  Lincoln Public Schools Health Services Department and Children’s Hospital & Medical Center are training staff to ensure that each school in the district becomes a Project ADAM's Heart Safe School.

Project ADAM’s Heart Safe School Program ensures schools and organizations have well-maintained AEDs available on campus, CPR- and AED-trained staff, and a practiced emergency plan to respond to a person collapsing - giving staff, students, and community visitors the best possible chance to survive an unexpected cardiac event. 

Schools designated as a Project ADAM Heart Safe School successfully implement a quality sudden cardiac arrest program of awareness, training, and effective emergency response to promote a safe environment for staff, students, and visitors as outlined within the Heart Safe School Checklist. 

Rationale: 

The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.

2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers.

3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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.

4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting.

5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent.

6. 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.

7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled.

8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board.

Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting.

Rationale: 

Rationale:  The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

Explanation:
This report includes routine human resources changes:

a. Administrator Employees:
           Elections - 2

b. Certificated Employees:
          Elections - 44
          Change of Status - 10
          Re- Elect, Re-Assign - 2
          Separations - 24

c. Certificated Substitute Employees:
          Elections - 8
          Change of Status - 1
          Separations - 3

d.  Classified Employees:
          Elections  - 29
          Change of Status - 5
           Leave of  Absence - 1
           Separations - 41

e. Lump Sum Settlements (2)


Proposal:
That the Board approve the Human Resources items presented in the attachment(s).*

*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

Rationale: 

Rationale:  On January 24, 2023, the Board adopted a resolution to accept option enrollment students for the 2023-24 school year.  Applications for enrollment during the 2023-24 school year have been received and are in compliance with the Board resolution of January 24, 2023.  

Explanation:
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of January 24, 2023.  Staff recommends approval of the applications.

Proposal:
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 451236 and 424090 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 24, 2023, with regard to such option students;

THEREFORE, BE IT RESOLVED that the aforementioned students be accepted as option students on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.
 

Rationale: 

March 15, 2024, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2024-25 school year.  The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).    

Explanation:
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2024, deadline.  The Lincoln Board of Education may deny or approve the requests.  If the requests are approved by the Board of Education, they will be forwarded to the option school district for their approval.

Student Number            Option District
446456                            Palymra
264973                            Grand Island

Proposal:
That the Board approve the requests for option out for the 2024-25 school year.

Rationale:  *The Lincoln Board of Education 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 Lincoln Board of Education  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.

Rationale: 

Rationale:  Lincoln Public Schools proposes to write a competitive application to the Office of Justice Programs, Bureau of Justice Assistance, within the U.S. Department of Justice. This application is in response to the Students, Teachers, and Officers Preventing (STOP) School Violence Grant Program.  This program implements training that will improve school climate using school-based behavioral threat assessments and/or intervention teams to identify school violence risks among students, hire personnel to improve school climate and positive responses to student behaviors, and implement other school safety solutions that assist in preventing violence and improving school climate.

Explanation:
Lincoln Public Schools received a BJA STOP School Violence Grant in 2021 which ends in September 2024.  This grant has provided funding for multiple prevention- and intervention-focused trainings for various types of personnel at LPS along with our partners at Lincoln Police Department and Blue Valley Behavioral Health. Because of the success of this project, LPS is now ready to turn its attention to more specific programs and mechanisms to improve school safety and climate through a new application for STOP School Violence grant funds.

LPS hopes to use grant funding to greatly enhance its multiple mechanisms for transition at the high school level, including the Pathfinder educational program administered by LPS at the Lancaster County Youth Services Center, the Student Support Program (SSP) operated through the Student Services Department, the Transition Program at Northeast High School, the Foundry at Lincoln High, and other possible high school-based programs. Students in these various programs typically experience a more structured academic environment; however, the district lacks the resources to also provide more intensive mental health supports and wraparound services these students and their families often need. 

While still in the planning phase of grant development, funds will likely be used to support training on and implementation of evidence-based programming that promotes positive behavior, improved attachment to school and trust-based relationships. This training will be offered to staff in the Student Services Department, the involved LPS programs, Lincoln Police Department’s Gang Unit, and possibly other community partner organizations. It is also possible that grant funds will support additional support personnel to these programs.

Proposal:
The Board discuss the submission of the STOP School Violence Grant application for up to $1,000,000 for a 36-month period. There is no match requirement.

The grant application is due June 12, 2024.
 

Rationale:  Lincoln Public Schools proposes to write a competitive application to the Office of Community Oriented Policing Services (COPS), within the U.S. Department of Justice. This application is in response to the School Violence Prevention Program (SVPP) Grant.  This program is designed to provide funding to improve security at schools and on school grounds through the following strategies:   coordination with local law enforcement; training for local law enforcement officers to prevent student violence against others and self; placement and use of deterrent equipment; and acquisition and installation of technology for expedited notification of local law enforcement during an emergency.

Explanation:
LPS utilizes many procedures and systems in order to ensure the safety of students and staff. The district is about to finish a current COPS-funded SVPP grant project that has funded new two-way radios for communication in elementary and middle schools.  With this success, LPS would now like to apply for a new SVPP grant to upgrade keys and badges for greater building security. LPS utilizes keys and an access control system to gain entry to our facilities, which is intended to replace keys with an electronic-based system with management capabilities. The district underwent a major upgrade to its access control system in 2018, which employs multiple credentials for admittance (badges, FOBs, mobile devices) when presented to a reader integrated into the system. LPS would now like to replace the issued PROX card base with current technology credentials that include measures to reduce cloning, spoofing or other illegitimate electronic access into buildings.

Proposal:
The Board discuss the submission of the SVPP Grant application to the Office of Community Oriented Policing Services for up to $75,000 for a 36-month period. There is a 25% match requirement, which will be provided through existing district security and computing services staff time as in-kind contribution.

The grant application is due June 11, 2024.

Rationale:  Lincoln Public Schools proposes to write a competitive application to the Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP), within the U.S. Department of Justice. This application is in response to the Enhancing School Capacity to Address Youth Violence Grant Program.  This program seeks to support targeted efforts to address youth violence in a school-based setting through the development and expansion of evidence-based and promising violence prevention and reduction programs and strategies to support school climate. Applicants must collaborate with schools and community-based organizations to develop and implement these strategies and must engage families as well.

Explanation:
Lincoln Public Schools hopes to use grant funding to greatly enhance its multiple mechanisms for transition at the high school level, including the Pathfinder educational program administered by LPS at the Lancaster County Youth Services Center, the Student Support Program (SSP) operated through the Student Services Department, the Transition Program at Northeast High School, the Foundry at Lincoln High, and other possible high school-based programs. Students in these various programs typically experience a more structured academic environment; however, the district lacks the resources to also provide more intensive mental health supports and wraparound services these students and their families often need. 

While still in the planning phase of grant development, funds will likely be used to support new positions including a School Social Worker, School Counselor, community partnerships with the Tipping Point program at the Lincoln Police Department, and community-based mental health organizations. These positions would help ensure that students have greater potential for academic success and graduation, as well as structured, realistic plans after graduation.

This grant will, ideally, work in tandem with another DOJ-funded grant proposal (STOP School Violence Grant), being submitted at the same time to the Bureau of Justice Assistance.

Proposal:
The Board approve the submission of the Enhancing School Capacity to Address Youth Violence Grant application for up to $1,000,000 for a 36-month period. There is no match requirement.

The grant application is due June 10, 2024.

Rationale: 

Rationale: 

Rationale:  The Lincoln Board of Education has recognized the Custodial Employees Association, Maintenance Employees Association, Nutrition Services Workers Association, Association of Office Professionals, and Paraeducator Employees Association as the exclusive bargaining agents to negotiate salary, fringe benefits, and working conditions for members of their respective employee group. Blake Simpson, Chief Negotiator for the District, has negotiated with each employee group and tentative agreements have been reached with each respective group for the 2024-25 year. Mr. Simpson has also met and conferred with representatives from the Administrator and Technician employee groups to discuss wages, hours, and other terms and conditions of employment for the 2024-25 year.

EXPLANATION:
The proposed agreement for each employee group is as follows:

Custodians
The total package for 2024-25 is 5.00%.

•  The total package includes a 5.07% salary increase.
•  Juneteenth will be recognized as a paid holiday for 260-day employees
•  The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Maintenance
 The total package for 2024-25 is 4.55%.

• The total package includes a 4.73% salary increase.
• Juneteenth will be recognized as a paid holiday for 260-day employees.
• The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Nutrition Services
The total package for 2024-25 is 5.50%.

• The total package includes a 5.51% salary increase. The total package also includes adjustments to the service year stipend.
•  The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Office Professionals
The total package for 2024-25 is 4.55%. 

• The total package includes a 4.26% salary increase. The total package also includes adjustments to the service year stipend and increases the married couple stipend from $250 per month to $329 per month for employees who take employee/spouse/child(ren) coverage and their spouse is an eligible LPS employee who does not take health insurance.
• The "Secretary" will be replaced with "Office Professional" for all OfficeProfessional positions.
•  Juneteenth will be recognized as a paid holiday for 260-day employees.
• The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Paraeducators
 The total package for 2024-25 is 7.00%.

• The total package includes a 7.51% salary increase. The total package also includes adjustments to the service year stipend.
• The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Technicians
 The total package for 2024-25 is 4.55%.

• The total package includes a 4.49% salary increase. The total package also includes adjustments to the service year stipend.
•  Juneteenth will be recognized as a paid holiday for 260-day employees.
• The total package also includes increases in Social Security and retirement costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

Administrators
The total package for 2024-25 is 4.55%.

• The total package includes a 4.28% salary increase. The total package also includes adjustments to the long-service increment.
•  Juneteenth will be recognized as a paid holiday for 260-day employees.
• The total package also includes increases in Social Security and retirement
• Costs and an estimated 1.99% increase in health insurance premiums. The District will cover the out-of-pocket health insurance increase for the 2024-25 year.

These settlements are within the parameters set by the Board of Education.

 A complete copy of the proposed agreement and/or addendum to the handbook pertaining to each employee group is available for review at the office of the Associate Superintendent for Human Resources upon request.

Rationale:  The Lincoln Board of Education has recognized the Custodial Employees Association, Maintenance Employees Association, and Association of Office Professionals as the exclusive bargaining agents to negotiate salary, fringe benefits, and working conditions for members of their respective employee group for 2023-24. The District has negotiated with
each employee group to recognize Juneteenth as a paid holiday for 260-day employees in each respective bargaining group beginning June 19, 2024, as well as a double-time premium pay holiday for employees in the Custodial Employees Association and Maintenance Employees Association groups. Further, it is recommended that Juneteenth
be recognized as a paid holiday for 260-day employees in the Technician and Administrator meet and confer employee groups beginning June 19, 2024.

EXPLANATION:
Because the District has entered into bargaining agreements with the Custodial Employees Association, Maintenance Employees Association, and Association of Office Professionals, Memorandums of Understanding (MOUs) are necessary to modify collectively bargained provisions regarding holidays for 260-day workers to recognize Juneteenth as a paid holiday beginning with the 2023-24 contract year. Further, the MOUs
amend the agreements with the Custodial Employees Association and Maintenance Employees Association to include Juneteenth as a double-time rate premium pay holiday beginning June 19, 2024. The District has also met and conferred with the Technician and Administrator employee groups to recognize Juneteenth as a paid holiday for 260-day employees in these groups effective June 19, 2024.

A complete copy of the proposed MOUs is available for review at the office of the Associate Superintendent for Human Resources upon request.

Rationale: 

Rationale:  The Board of Education of Lincoln Public Schools annually reviews and approves Policy 5520 to ensure that its policy is in accordance with the Public Elementary and Secondary Student Fees Authorization Act.

The district’s general policy is to provide for the free instruction in school in accordance with the Nebraska Constitution and state and federal law.  This generally means that the district’s policy is to provide free instruction for courses that are required by state law or regulation and to provide the staff, facility, equipment, and materials necessary for such instruction without charge or fee to the students.

The district does provide activities, programs, and services to children that extend beyond the minimum level of constitutionally required free instruction. Students and their parents have historically contributed to the district’s efforts to provide such activities, programs, and services. The district’s general policy is to continue to encourage and to the extent permitted by law, to require such student and parent contributions to enhance the educational program provided by the district.

Explanation:
No revisions to Policy 5520 are recommended for the 2024-2025 school year.

Proposal:
That the Board approve and affirm Policy 5520 and Appendix 1.
 

Rationale: 

Annually, the Board of Education evaluates the Superintendent of Schools.  The 2023-24 evaluation of Paul Gausman, Superintendent, has been completed and will be recommended for approval to be placed in his personnel file.

Explanation:
It is recommended that the Board of Education approve the 2023-24 evaluation of the Superintendent.

Rationale: 

1. Regular Instructional Program:

2. Specialized Services for Special Education Programs:

Rationale:  May 16: TCA Senior Recognition, 6:00 p.m., TCA

May 17:
Yankee Hill Graduation, 9:00 a.m., Yankee Hill
Independence Academy Graduation, 6:30 p.m., TCA

May 20: LPS & ESU Board Organizational Meetings, 6:00 p.m., SJDLC

May 23: 
Last Day of School - All Levels
Bryan Community Focus Program Graduation, 6:00 p.m., East High

May 24: LSW Graduation, 6:00 p.m., PBA

May 25:
LNS Graduation, 9:00 a.m., PBA
East High Graduation, 12;00 p.m., PBA
LHS Graduation, 3:00 p.m., PBA

May 26: 
LSE Graduation, 12:00 p.m., PBA
LNE Graduation, 3:00 p.m., PBA

May 27: Holiday, LPS Closed

May 28: Board Meeting, 6:00 p.m., SJDLC
 

Rationale: 

The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.

2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers.

3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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.

4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting.

5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent.

6. 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.

7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled.

8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board.

Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting.

Rationale: 

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.

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.