August 26, 2024 at 6:00 PM - Board of Education ESU 18 Special Meeting/Public Hearing

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.

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.