ESU Coordinating Council
April 13, 2016 2:00 PM
Legislative 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 2:00 PM.

2. Roll Call
3. Agenda Item
Chair of Committee
3.A. 2016 Legislative Session
Committee Chair Standish
3.A.I. Bromm and Associates Update
Committee Chair - Standish
Rationale

The legislature adjourned and moved quite a bit of legislation today and Day 55 of 60 is completed.   Speaker Hadley is working hard to push through all the priorities, yet we still have a few issues that can eat up some time and Chambers has vowed to slow it down even more.  With long days and contentious issues the temperature inside the glass has been rising. 
 
The Transitional Health Insurance Program (LB1032) was en route to be all out filibuster and the question was called a little after 90 minutes of debate and then bracketed.  The issue will not come up again this session and Senator Campbell, who has been the champion of this issue, will not be back due to term limits so the question will be whether Senator McCollister will pick up the reigns.
 
Education issues came to the forefront on Thursday with LB959 and LB1067. LB959, the second half of the Governor’s tax package, also restricts the levy for the Qualified Capital Purpose Undertaking Fund (QCPUF) to $0.03 per $100 without voter approval, as well as restrictions on usage.  The current QCPUF levy limit is $0.052 per $100.
 
LB1067 will remove the common levy for the eleven school districts in Sarpy and Douglas counties and is a priority of the Governor.  Currently, the fiscal note on this bill is $13 million and there was some discussion to bring ESU’s and core funding into the mix, but we’ve been working hard to avoid anything sticking yet. There is much work to still be done and negotiating is heavy, yet the legislature felt they were close enough to move both bills and advanced them to Select File.  Both bills should be up Wednesday or Thursday of this week as the legislature is in recess Friday and Monday.
 
Curt Bromm introduced Governor Ricketts at the State Chamber public affairs meeting on Tuesday, March 29 and the Governor suggested that while we have been successful at balancing the budget and tightening spending a little this year, the state has more work to do in the next biennium.
 
Attached is the current bill table and status.
  
Please let me know if you have any questions.
 
JB
Jason Bromm
Bromm & Associates
551 North Linden
P.O. Box 277
Wahoo, NE 68066
Phone: 402-730-1910
Fax: 402-443-4005
jb@brommandassociates.com
 

Attachments
Discussion

Executive Director reviewed the updates from Bromm and Associates.

3.A.II. LB 958 - Change provisions relating to budgets, the valuation of agricultural land, and levy limitations (Gloor)
Committee Chair Standish
Rationale

LB 958

Placed on final reading.

Discussion

Passed in final reading.

3.A.III. LB 959 - Change and eliminate provisions relating to school funding, budgets, and levy authority (Sullivan)
Committee Chair Standish
Rationale

LB 959

Placed on final reading. 

Discussion

Passed in final reading.

3.A.IV. LB 1067 - Change provisions relating to learning communities (Sullivan)
Committee Chair Standish
Rationale

LB 1067

Placed on final reading.

Discussion

ESU 3 Administrator reviewed LB 1067 and the changes that took place. Bromms worked with the Senators to help ESU 3. ESU 3 also contracts with Bromm to help with Learning Community.

3.A.V. LB 1002 - Permit educational service unit boards to pay membership dues to associations of school boards (Baker)
Committee Chair Standish
Rationale

Approved by the Governor April 7, 2016, the approved copy now reads:  79-1204 (7) The board of any educational service unit in this state may pay from its funds an amount to be determined by the board for membership dues in associations of school boards or boards of education.

Attachments
Discussion

Approved by the Governor April 7, 2016, the approved copy now reads: 79-1204 (7) The board of any educational service unit in this state may pay from its funds an amount to be determined by the board for membership dues in associations of school boards or boards of education.

3.B. Legislative Planning Committee
Committee Chair - Polk
Rationale

The focus of the planning committee is to develop a plan for bill proposals based upon the long-term goals for ESUCC.  Jason/Curt Bromm and David Ludwig would like to meet with the committee the first week of June to discuss legislative goals and begin prioritizing needs for potential legislation.  Commissioner Blomstedt would like to be involved within this process.

A meeting in August is proposed to finalize plans and to begin the process of obtaining a Senator's interest with our proposed needs.

Discussion

The focus of the planning committee is to develop a plan for bill proposals based upon the long-term goals for ESUCC (facilities, core funding, communication, etc.) Jason/Curt Bromm and David Ludwig would like to meet with the committee in June to discuss legislative goals and begin prioritizing needs for potential legislation. Commissioner Blomstedt would like to be involved within this process. Finalize plans in August and to begin the process of obtaining a Senator's interest with our proposed needs.

3.C. Long Term Legislative Goals
Committee Chair Standish
Rationale

  • Core funding
  • ESUCC funding
  • eLearning funding
  • ESU facilities funding
  • State Audit
  • Extended services statewide
  • Ongoing communication and awareness

 

Discussion

Executive Director reviewed and discussed the long term goals with the committee: Core funding, ESUCC funding, eLearning funding, ESU facilities, etc. Possibly add Rule 51/Children's Behavior Health revision.

3.D. ESUCC Legislative Process
Committee Chair - Standish
Rationale

The Legislative Development process implemented with ESU 1 and 8 provided a facilitated one-day opportunity for all superintendents to come together to identify focus areas for legislation specific to ESU 1 and 8 School Districts.  Mike Dulaney and I were provided an opportunity to participate in the discussion.  

Based upon conversations with Mike Dulaney and a few superintendent's, is this a process that could be develop throughout the state as a way to create a common voice for specific needs prior to the next legislative session?

Attachments
Discussion

Executive Director discussed having a legislative process session. Create a list of priority items to be used for future legislative sessions. Early childhood funding (4 yr old) could be discussed. Community Achievement plan - Use plan to promote common elements.

4. Next Meetings Agenda Items
Chair of Committee
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 at 3:01 PM passed with a motion by Schnoes ESU 03 and a second by Calvert ESU 15.