ESU Coordinating Council
November 17, 2015 11:30 AM
Executive Committee Meeting
1. Call to Order
Rationale

Notice to visitors:  To be heard at this meeting, the "Request to be Heard" form, must be completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will call upon visitors wishing to address the Board in the order they were submitted or by subject.

Pursuant to Section 84-1411 of the Nebraska Statutes, notice of this meeting was given by advertisement on the ESUCC website, NE Public Meeting site, and host site.

Open Meetings Law
: Pursuant to Section 84 - 1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in this meeting room. 

Discussion

Call to order at 11:30 AM

2. Roll Call
Discussion

Staff: David Ludwig, Priscilla Quintana, Deb Hericks

3. Agenda Item
Chair of Committee
3.A. Affordable Care Act Statewide Workshop
Rationale

The Affordable Care Act training has been scheduled for Wednesday, December 16, 2015 from 9:00 a.m.-12:00 p.m.

Presenters: Karen Haase and Bobby Truhe, KSB School Law

Description: Lawyers have been talking to schools about PPACA implementation for several years.  However, due to transition relief, most school districts have not yet had to make irrevocable decisions about their compliance with the law.  This means that for most school districts, other than tracking hours your first major compliance task will be the mandatory reporting for all "Applicable Large Employers."  Unfortunately, the timelines are short.  Form 1095-C must be submitted and distributed to employees no later than January 31, 2016.  We will cover these reporting requirements in detail and will go over both the 1094-C and 1095-C forms line-by-line.  We will provide examples of the most common insurance offerings and how those would be captured on the forms.  We will also review some unique reporting situations that schools may face.  If possible, we suggest that the person responsible for completing the forms (bookkeepers and business officials) and the person who will sign the forms (we're looking at you, superintendents) should attend this session.  We will be available to answer questions after the presentation as you collaborate and consider how this impacts your district.   Schools should also consult with your accounting/bookkeeping software provider to understand the assistance they will be providing.  We're looking forward to seeing you on December 16!

Discussion

There will be an Affordable Care Act training has been scheduled for Wednesday, December 16, 2015 from 9:00 a.m.-12:00 p.m. Presenters will be Karen Haase and Bobby Truhe, KSB School Law.

3.B. Master Service Agreement (MSA)
President Jeff West
Rationale

MSA 2015-2016

3.B.I. ESU Expenses Charged to ESUs
President Jeff West
Rationale

Discussion of ESUCC Expenses that are charged to ESUs.
 
Background information: 
Discussion Part 1--What are the determining factors to place an expense in the category of being equally charged to all ESUs or to be charged on a formula basis?
Discussion Part 2--The State approved Core Service Dollar formula appears to be the current acceptable means to distribute revenue to local ESUs. The Core Service Dollar formula has a base amount and a student amount that take into account the ability to generate dollars in the local ESU  service area. Should we be using the the current Core Service Dollar formula to determine each ESU's share of an expense vs the current formula to make expenses equitable to all just as the Core Service Dollar formula is used to distribute revenue?
 
Here is a link to a Google sheet that can be used in this discussion:
 
You can change cell D1 to whatever project name you desire, change cell D2 to whatever dollar amount you desire and change cells A4 through A20 to either Yes or No and the formula will automatically calculate cost to each participating ESU
 
Let me know if you need more information on this topic....feel free to call on this agenda topic.

Dr. Paul Tedesco
ESU 11 Administrator

Attachments
Discussion

Paul Tedesco brought forth the idea of charging MSA funds on a formula based. Marge Beatty suggested looking at using a combination of a flat rate plus a formula to determine fees. Look at ways to get more funds via other state options (ie: NDE, Legislature, core funding etc.) Participants from Executive Committee and FAB Committee (no more than 8) to have a joint meeting to discuss options and potential changes.

3.C. AESA Updates
President Jeff West
3.C.I. AESA Insurance
President Jeff West
Attachments
Discussion

Tom Maxey, Executive Direct and NASB will meet to discuss further the AESA Insurance.

3.D. Review Goals of ESUCC
President Jeff West
Attachments
Discussion

Executive Director and Kraig Lofquist met and reviewed the notes from 2007 and updated the goals. The list is not all inclusive, invite board members to add to the goals. Send any comments to Executive Director.

3.E. Procedural Manual
President Jeff West
Rationale

ESUCC Procedural Manual

Discussion

David Ludwig discussed continuation of work on the procedural manual.

3.F. ESU 50th Celebration
President Jeff West
Rationale

 

Attachments
Discussion

Share brochures with stakeholders (schools, boards, legislators, etc.)

4. Next Meeting Agenda Items
5. Executive Session
Rationale

The ESU Coordinating Council is authorized by state statute to enter into executive session. Executive session 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.

6. Adjournment
Actions Taken

Motion Passed:  Motion to adjourn the meeting 12:24 PM. passed with a motion by Beatty ESU 16 and a second by Radford ESU 17.