ESU Coordinating Council
November 04, 2014 10:00 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 10:08

2. Roll Call
Discussion

Staff: David Ludwig, Deb Hericks

Attorney: Karen Haase

3. Agenda Item
Chair of Committee
3.A. Joint Technology Planning Committee
Executive Director - David M Ludwig
Attachments
Discussion

There has been no written technology agreement in place with NCSA in the past. Dave explained some of the past history with NCSA and ESUCC. (ie: Google Summit)

This will allows us to have an auditing trail. Continuing doing what we currently do with NCSA just having documentation to back up processes.

Kraig Lofquist gave the history for the Google Summit. No ill will on any of employees, there was no formal agreement between NCSA and ESUCC.

This will get ESUCC formally active in Professional Development. More understandable in that ESUCC is an active partner.

Harding and Shultz represents both parties and if there is a conflict of interest. We do not see this as an issue unless there becomes a disagreement between the parties. The two parties will split the cost of between them.

Resources/staff not available in ESUCC to take this under our own umbrella. Can we put in the agreement that there is a review period that we can review and adjust (we have a continuing agreement that automatically renews unless both parties agree to change)? We have always talked partnerships. This would be a great example of a partnership. It is a complex process of setting up the Google Summit.

We need to have a document in place and to give us the ability to continue discussion on how best to move forward. The TAG affiliate falls under the ESUCC umbrella. TAG (six people on Google team) met with NCSA and they felt they were attacked (negative meeting). The contractual agreement needs to stay within the ESUCC. The TAG affiliate will work on details with ESUCC to final approval. Can we add to the agreement that ESUCC gets also gets an admin fee to come back to the PDO organization? Portion of proceeds to come back to the ESUCC (50% of proceeds)?

Karen has added terms to the agreement to include the the payment back to ESUCC for TAG affiliate and also the term for review of agreement.

The are currently bills outstanding that need to be paid ($2000). NCSA will sign when the agreement is in place.

Include statement that includes that no ESU employees will be allowed honorariums for presenting. Is this currently happening? Dave/Karen will discuss this with NCSA.

Communicate with TAG as to what ESUCC/NCSA are working with agreement. Empowering them to have a voice in process. Dave Ludwig/Jeff West with TAG chairs (Otis Pierce and Robbie Jensen) and possibility six that are on the Google Summit.

Clarification on funds that exceed amounts the amount taken in ESUCC is not liable for those funds.

Technology Committee will review processes.

Can not use term Google Summit (per Google) need to replace that with Midwest....

Should adjust the onsite fees to not accumulate so many funds. Dave was told they fee was set and they had to charge that amount ($199). No agreement that we know of exist as to why that needs to be there charge.

Recommendation to approve at Board Meeting. Sign it now on contingency of approval from Board so that NCSA can pay the outstanding invoices.

All the inventory would be inventoried at ESUCC property.

What happens if the TAG agree to terms? Everyone has their roll and purpose of their jobs. Continuing what we have been doing but going forward more people will be involved (ESUCC and ESU Administrators)

Can we bridge the gap by having ESUCC pay Lynn and NCSA will reimburse ESUCC?

Dave will forward the revises agreement from Karen for review for input. Dave will ask Mike to pay those outstanding invoices and delay the signing of agreement. Dave/Jeff will meet with TAG chairs/Google team. Put on Executive Committee with final approval by ESUCC Board as a whole.



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