001Miss Sebastian at 6:00. Thank you, Mr. Nuccio through Dr. Early cuz your mic is not working. Welcome to the March 26, 2026 Parma City School District Board of Education meeting. Please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. Roll call, please, Mr. Nuccio. Dr. Early? Oh, present. Miss Kerpec? Present. Miss McTaggart? Mr. Reyes? Present. Mrs. Sebastian? Present. Unless there's an objection, we will dispense with the reading of the special meeting notice. As a reminder, special meetings are held by the Board of Education to provide its members an opportunity to discuss matters. Community members are welcome and encouraged to attend. However, they are not permitted to participate unless the board specifically asks for input. With that being said, I just want to let the board members
002know that the vice president and and I I did send out an email a couple weeks ago. Uh the vice president um Miss Kerpec and I called the special meeting to provide the board information around uh board members absences and what that means for the functions of the board. As a reminder, we have to stick to the items tonight that were listed in the special meeting notice. And um we also ask that you refrain from asking um David Rose, our uh board counsel, uh questions that would put us into attorney-client privilege. Um he will definitely let us know if we have questions that put us there that uh he is not able to respond to. I think I covered it. Yeah, sounds good. If I missed anything, thank you, and I'll hand it over to
003David Rose. Okay, thank you. First of all, thanks for having me here tonight. I appreciate the the invitation and the opportunity to sit at the big table. This is exciting for me. Um so, I wanted to talk a little bit about um some of the laws and board policies regarding um the situation we have in which one of our um board members will be on a period of leave um I think commencing shortly or maybe have already commenced. Um and what that means for the remainder of the board and the Board of Education as a whole. Um if you remember um during the COVID days, there was a big push um in Ohio and other states as well to um ensure that the public was still being kept up um with the business of uh
004public bodies. And as part of that uh a lot of that legislation that went on, House Bill 197 was passed which allowed for public bodies like school boards to conduct meetings virtually. That continued for a period of approximately 2 years until 2022 when um most, if not all of those that special legislation regarding um public meetings uh being held virtually essentially terminated. At that point, everything kind of returned back to in-person meetings like um it had prior to COVID. In Ohio, there was some push by various public bodies to um have an opportunity to again um meet virtually. Um I think a lot of public bodies found it convenient for its members and and for the public who could um when those meetings were live-streamed and were able to participate um or at least watch
005the meetings. Um so, there because of that push, there was um kind of a renewed um view of of what virtual meetings um to bring them back essentially. So, in um April of last year, there was a law passed, House Bill 257, which kind of brought back virtual meetings for a lot of public bodies. Um in that legislation, however, there was an exception made for public bodies whose members were both elected and compensated for um their time serving on the board. Those were um essentially prohibited from resuming the virtual uh meetings that many other public bodies enjoy. And so, due to that, the current state of the law in Ohio is that a Ohio public school board A cannot meet virtually and B no member of a public school board can attend a meeting virtually.
006So, when this issue came up last year, that information um was shared um because it was effective um House Bill 257 was effective, I believe, on April 9th of 2025. Um the individual who was on leave was at least in theory allowed to participate for that early portion of leave and then after thereafter was not by virtue of law. So, obviously, the um Board of Education is required to follow the law. Included in the packet of materials, um you'll see under tab one is a copy of Ohio Revised Code 121.22, which is the statute which talks about um public school boards. And if you flip to page four, numbered page four of the statute, you'll see I highlighted some language. And it says, "No public body may hold and no member of a public body
007may attend meetings or conduct and attend meetings by means of video conference or other similar electronic technology if any of the following apply. Subsection four, excluding expense reimbursements for actual expenses incurred while fulfilling their duties, the members of the public body are compensated for their position as members of the public body. And then subsection five, the members of the public body are elected by the general public to their positions as members." So, um also included in the packet under tab A is the final analysis of revised uh House Bill 257, which created Revised Code 121.221. Um under tab B, you'll see a copy of the text, the original portion of the bill that was introduced um for purposes um of this discussion. And then just as under tab C, you'll see that there's a copy
008of a bulletin that was posted by the Ohio School Boards Association basically laying out the you know, the the cans and cannots under House Bill 257. So, just in summary, as it stands right now, school boards unable in Ohio to hold virtual meetings. Board members who are not able to attend a meeting are not able to um attend virtually. Um there is some question about committee meetings. However, um they didn't the statute doesn't necessarily address committee meetings specifically. Um and you know, board members aren't necessarily compensated for their time at committee meetings. However, the term committee is included in the definition of a public body under Revised Code 121.22. So, there is some debate whether you know, an absent board member can can attend a committee meeting. I think the best and most prudent cause
009is to or course of action is to probably avoid it if if possible. So, that's kind of the status on the current law regarding virtual board meetings. Any questions on that piece of it? Okay. And moving on then, um another question that came to my attention was you know, whether the board member's absence constitutes a vacancy under Ohio law. And so, if you look under tab two of your materials, you'll see a copy of board policy 0145 entitled Filling a Board Vacancy. And you'll note behind the policy is also a copy of revised code 331311 entitled vacancy in board. That is the revised code section that supports board policy 0145. And just reading down the list, a vacancy in the board only occurs when one of the following events occurs. A, death. B, non-residents. C,
010resignation. D, failure of the person elected or appointed to qualify as an elector resident within the district within 10 days after the organization of the board or the appointment or election. E, failure of the person elected or appointed to qualify due to acceptance of duties incompatible with those of a board member. F, removal from the district. G, absence from meetings of the board for a period of 90 days if the absence is caused by reasons declared insufficient by a 2/3 vote of the remaining members of the board and this vote was taken and entered into the record of the board not less than 30 days after the absence. And H, removal from office. So, those are the only situations that would create a vacancy in the board. So, for a board member to to miss
011a meeting absenteeism in and of itself is not a reason um that a seat would become vacant. However, if those vacancy or if those excuse me, if those absences occurred for a period of 90 days plus 30 then that could be um possible regarding absenteeism. Um but those are the only reasons that would constitute a vacancy in a board seat. And again, attached behind board policy is a copy of 0146 which also discusses the resignation or removal piece as well as a copy of revised code 331311. So, does the board have any questions on the board vacancy piece? Mr. Rose. Yes. So, I think we kind of all know what we're talking about here and I don't see uh military service listed on any of these reasons. Would that fall under any of these categories?
012Military service per se, no, it's not included as a reason on the the list. Okay. Thank you. Mr. Reyes, are you Yeah. Okay. Mr. Rose, um as far as um I you know, you you covered the the virtual and that so um this board member is not able to attend virtually. Correct. Um so, I'm assuming that also means that voting would be a part of that as well. I'm sorry. She would not be able to vote. Oh, that's correct. Yeah, and that's kind of related to the quorum piece, but yes. Yes. Okay. Can't participate, can't vote. So, we have a five-member board. So, I don't if you can't answer this, I understand. Um so, how does the inability um of a member to vote impact our effectiveness? So, particularly in situations what I'm concerned about
013is where there is a vote that is split or result in tie votes. Um we all are um well, most of us are pretty young. Most of them are pretty young. Um and I know they're they have a lot going on in their lives, too. So, I'm thinking about situations where there might be an absence or two members be absent and where that leaves us it would we be able to conduct business? Could you elaborate on that a little bit more? >> Sure. I mean, obviously you can conduct business so long as three of you are present. You have to have a minimum of three members present to constitute a quorum. So, you've got to have a majority of the board. That said, if there are specific items that require um passage there are things
014in certain issues in the revised code that require more than a majority vote of the board then it certainly could impact, you know, those issues. I mean, we'd have to examine those kind of on a case-by-case basis and decide you know, how that that impacts, but certainly, you know, having one less member has the potential to um you know, result in in tie votes and tie votes don't pass. So, it's going to probably require at least some a renewed or additional focus on consensus building and discussion to try to see if you know, there's there's gaps to bridge if that is in fact the case. I I'm sorry, I'm going to have And if we can't build consensus, that where does that leave us? Well, you're not going to be able to pass the it
015it just really depends on what the issue is and what the votes look like, but it could could make it difficult. Okay. Do you have any more questions? I do have a few more questions. Um I'm just looking. So, again, um with going to uh we we're not there yet. We're kind of operating and to be honest with you, I'm just going to be completely transparent. I don't know we we really don't know um the amount of time that this board member is going to be away. I'm not sure if that was shared. And if it wasn't shared publicly, I would recommend we don't do that, but I just I wasn't sure. We don't know. I'm I I guess I'm looking It was not shared with me. I don't know, but I don't speak for
016for the rest of the individuals. Okay. So, I mean, we really um I guess what I'm I'm asking, too, is and it's kind of off of the question I asked before um and I'm not even talking about the vacancy. I'm just talking about the absences becoming a governance concerned a concern. Um and I wonder if there is um I mean, I guess you can't elaborate any more except for saying we need to build consensus. Yeah. >> ideally that that should be happening anyways, but but but yes. And I think going back to the question about, you know, the the period of absence, I think that's a fair question to ask of this individual to find out what it is. I mean, there's all this it sounds like there's all this talk Facebook talk and various
017things about removing, but it's moot if the board member isn't gone for that period of time. So, I guess that's probably where the analysis should start and then go from there. So, I think it's a fair question to ask of her. Yeah, I'm we're not getting responses. So, I that it's hard it's difficult to That would make it more difficult. Yeah, to to know what we're working with when we um are not we don't have any communication as far as um I did not know she would I was hoping that she would be at this meeting tonight um because I really thought it would be a benefit. Uh Vice President Kerpic and I thought it would be uh actually great for her to be able to ask her questions. Um I didn't know she was
018going to be here until I found out from a community member that she was boarding a flight tonight. Um so, really it's hard to work and and have and uh be able to be an effective board when we don't have communication. So, um I wish I could ask more questions. Um I guess that would eliminate executive session, too, as far as attendance in executive session as well, right? >> Yeah, and I think you're I think that um you know, House Bill 257 would you know, take care of executive session. Um if you can't participate in the regular board meeting, I don't necessarily know how you'd participate in the executive session. So. So, my next question is um our responsibility as a board with communications with uh the board member what is our responsibility to communicate
019with her while she's gone? You know, my suggestion would be that you keep her apprised as as you would any other board member of of what's going on. I mean, certainly, you know, we can't be in a situation of discussing board business outside of a publicly noticed meeting anyways, but if you're pushing information about community events, if you're pushing information about special meeting dates, then certainly you know, I would keep her apprised even knowing she won't attend or can't attend in some cases, but yeah, I would keep her apprised just as you normally would. And I that's I wanted to go there. I was again I was hoping she would be here tonight to know if she does have that opportunity to be able to uh attend or what that communication would look like. Um
020again, it's hard if you are sending this information and not knowing if it's being received. So again, It does make it difficult and you know, we had this scenario last year as well and she was fully aware of what what the duties and obligations were and obviously if if you can be present for certain things if you come back. I I don't know really even the nature of of you know, other than it being military leave. I I don't know the nature of it whether you know, there's weekends where she can come home or time she can attend things. I mean obviously I would hope if those events arise that that she would participate as if she was you know, still here on a full-time basis. But it does make it difficult if you don't
021know. I have two questions. Um just a clarification the revised code talking about the 90 plus 30. >> Yeah. The revised code says not less than 30 days after but our policy says the vote should be taken within 30 days. >> Yeah, I noticed that too and I think I would >> the correct the I think it's the revised code would be the correct. >> policy does not I would follow 331311. Yeah, why that says within I don't know that policy looks like it was last revised in 2017. So it's going back almost 9 years. And does the absences I guess the the number of days count for attendance from board meetings or any type of public meeting? Board meetings. >> Okay. So this member I believe has not attended a board meeting since February
022but attended a Seven Hills Council meeting within that time frame. So it's not from that date of attending that public meeting but from attending our board meetings. >> For her elected office, yes. >> Thank you. Are you guys good? I didn't want to give you guys an opportunity before I have nothing to add. Thank you, Mr. Reyes. >> Uh Mr. Rose. Yes. So are we required to fill this vacancy? Are you required to what? I'm sorry. Are we are we required to fill the vacancy? Yes, you are required. I believe it's within no earlier than 10 days of the next regular or special meeting following the vacancy. So I know that there's a process where um potential candidates are canvassed. And we've had to do this a couple times I think over the past several
023years. Um candidates are canvassed. Board meets with them and then ultimately votes on a replacement. If the board cannot vote or cannot agree on a replacement then the um open seat is referred to the county probate judge who then will fill the position unilaterally. Okay. And is is is the requirement to fill the vacancy under ORC? Uh I'm having trouble hearing. Is the requirement to fill the vacancy under revised code? >> Yes, sir. >> It is, yes. Do you know which code that is? >> I think it's in the um 331311 which is behind tab two. Thank you, Mr. Rose. And uh you mentioned that there was a leave in the previous years. Is that correct? With from the same board member? Yeah. And were you legal counsel at that time also? Yes. And uh
024the previous board did not um elect to replace this member while she was gone. Could you Do you have any any understanding why they decided not to do that? I I do not. That would have been a board issue. Okay. So So she was gone for I believe the same period of time um and the that board was required to fill the vacancy. The Well let me clarify. >> There there was no vacancy. The vacancy only would have been created if I'm hearing you correctly, the vacancy only would have been created had the board voted the member to remove the member. So because that did not happen, there was no vacancy. For clarity, Mr. Reyes, we're discussing absences today. We're not talking about the board vacancy if that helps. The board vacancy happens when the
025board would have to make a decision after I would believe the 120 days plus the 30. Or I'm sorry, 90 plus 30. So Right. There there could certainly be that's the earliest action could be taken. That would create the vacancy. So I'm just trying to understand. So basically this is the same situation that happened in the previous years. Is that correct? Again, I don't really know enough about either of the situations to be honest. So I really probably am not qualified to answer that question and I apologize but Thank you. That's all I got. Thank you, Mr. Reyes. Do you have something, Ms. Kurpik? Yes, if I may. Um David, would you be able to touch on the difference between the board declaring a vacancy and then versus the board filling a vacancy? Yeah, so
026again, a vacancy can only happen for one of the events outlined in in board policy zero the bylaw 0145. So outside of one of those events, there is no vacancy. But let's assume that there is a vacancy. Whether it's death, non-resident, hey somebody leaves, I'm moving to Chicago. Creates a vacancy. Then what happens is now that we know the the individual submits their in that case, they would submit a notice of resignation. Hey, I'm moving. I can't legally I can't be on the Parma school board anymore. At that point then the board would accept the resignation and the clock would start ticking on filling the vacancy. So I think how it's been done in Parma in the past and most districts I think the treasurer's office puts out notice. And Sean, maybe you can chime
027in on this if I misspeak but that the notice goes out to the community. Hey, there's been a there's been a vacancy, you know, we need to fill this position. If you have interest in um being appointed to the board, submit your application. There's an application process. The that there's a time period where that ends and then at that point the board reviews the applications, decides who they want to interview, interviews are scheduled. And then assuming that there's a candidate, there's discussion about who that candidate should be and that candidate is then brought to the board for approval as the um appointed candidate to fill the term of the vacancy. Is Is that >> That's pretty That's correct. Um since I've been here we've had a couple vacancies and every time we've had the board
028has interviewed the people in the first 10 days following the vacancy and approved someone at the next meeting after the 10-day period. But they've we've advertised and the board has interviewed candidates and filled positions filled vacancies in the past like that. And just quickly that individual then fulfills the remainder of the term of the individual that resigned. Correct. I believe revised code states it has to be filled within 30 days. So I think we can't do it until 10 but then it has to be within 30. >> Yeah, it's it's an odd Yeah, it's like no earlier than 10, no later than 30, right? I believe it's the first meeting after the 10 days you have to appoint somebody. I just have a question on what you just said. Um you said the appointed person
029fills the remainder of the term. Is it they fill the remainder of the term or they fill the remainder of the term until the next election where they would then have the opportunity to run for the seat. >> They would fill the remainder of the unexpired term. Okay. Sorry, I have no further questions. Thank you, Ms. Kurpik. Um and I my last question um is there anything that we have not asked you that you believe is important for us to understand in order to remain compliant as a board and effective as a board? No, I think it's it's going to be kind of an ongoing process to be honest. I mean it's I think it's hard to know right up front other than just kind of the basics which is really all I'm here to
030present um tonight. Um you know, that what laws and what policies are implicated by this. But but I think as we go into the extent that the absence you know, goes longer and longer. Again, not knowing really what we're talking about. Um I think it's important to probably you know, continue to have these discussions and find out hey, what's working and and more importantly what isn't working. That was actually going to be my next question. So um you know, I would you recommend a time frame on coming back and and discussing maybe communications, what those look like, where we're at. I mean, is that Yeah, I would say by the next board meeting. I mean, I think or right after the next board meeting to say hey, how did that go assuming this individual's not
031back. How did it go? What happened? What were some of the things we couldn't do or we felt we couldn't do. Okay. So I think it's Yeah, as quickly as the next board meeting. Sounds like we have a little tiny raindrops on the >> [laughter] >> herbs top. Um okay, thank you. I just Was there anything else anybody else wanted to ask or include? Mhm. Um with that being said, I just I I thank you for being here tonight. Um the rest of our board members, I know this isn't easy conversation, uh especially when we're talking about service. Um service is very personal to me. My son is a Marine. He served three tours and was in Afghanistan. And my father is a Vietnam veteran. So, it's not easy. We understand hardships. At any point
032in time, any one of us board members might be looking at the same thing. Um so, uh I just appreciate everybody being respectful and coming together and um and really trying to see how we can run effectively as a board. So, thank you. And and and >> And if I may just echo that, I mean, I don't think at at any point is anyone condemning any type of military service. No way, no how. The reality of the situation though is that there are legal and there are practical and operational considerations that need to be addressed for the remaining board members. And so, we wouldn't be the board wouldn't be doing its job if it didn't address these issue up front and these issues up front and and transparently. So, these are issues that we have
033to tackle and we do have to address. So, I think you're doing the right thing by by getting out in front and and having these discussions. Thank you, Mr. Rose. We appreciate your presence and uh your ongoing information and um we will uh if we need to, we will have another special meeting to ask more questions or provide communications if if those happen. So, thank you so much. Thank you. With that being said, I have to find my place. We are going to move I'm going to move to adopt resolution 2026-03-179 to adjourn this meeting. >> Second. We have a motion and a second to adopt resolution 2026-03-179. Roll call, please, Mr. Nusio. Ms. Sebastian. Yes. Ms. Kurpik. Yes. Dr. Early. Yes. Mr. Reyes. Yes. Meeting adjourned. >> [music]