001All right. Well, good evening. Uh we're going to convene the uh Thursday, December 11th special board work session. I have uh all current board members in attendance were of course missing the vacant position which was gave related to the case. Okay. >> So, so yes. >> Perfect. Okay. So, uh we do have an agenda for this work session if >> I would move to approve the agenda as presented. >> Second. >> Okay. Moved by Chris, second by Brena. >> All those in favor? >> I. Any oppose? [clears throat] >> Okay. Okay, at this time we're going to recess into executive session uh to consider information exempt from public inspection for O RS192602F and superintendent evaluation RS192602 I um executive sessions are closed to the public. Representatives of the news media and designated staff shall be
002allowed to attend. All other members of the audience are asked to leave the room. Representatives of news media are specifically directed not to report on any of the deliberations during the executive session except to state the general subject of the session as previously announced. No decision may be made in executive session. So we'll join back here after we uh come out of executive session. Right. We're going to reconvene into our regular work session. Uh we coming out of executive session where we um discussed uh information exempt from public inspection pursuant to OS 192602F. Uh the other item that was due for executive session will need to be moved to a future agenda item. Um our next agenda uh is related to receipt of a board complaint. Uh we where we uh reviewed information from legal
003counsel regarding a board complaint and now it's the opportunity for the board to take action on how to proceed with the complaint process. self now where there were any clarifying questions otherwise I'd entertain a motion if there's one to be made >> and that probably be the best way to open up discussion if you're intending to have discussion >> am I allowed to make a motion on I on this >> um yes >> okay so I would like to make a motion to um for the board to select option three on the >> go. >> Can you read it as it is? >> Where do I where do I say >> three? Okay. >> I move to accept wait subject. I I move for the board to suggest for option three. I move to accept
004the public KL complaints and to delegate authority to the board chair to respond to the parties regarding holding a hearing in the matter discussed in executive sex session. >> I second that. >> Okay. It's been moved by other seconded by Chris to accept the public hail complaints and to de delegate authority to the board chair to respond to the parties regarding holding a hearing in the manner discussed in executive session. um that discussion >> I guess I would ask you are you comfortable with that option um and the knowledge it would take to to complete that or are you uncomfortable with that? uh be my it wouldn't be the first time I've done something for the first time, but I >> it's uh I mean I think I think it's always more comfortable when you
005have support of somebody external, but I understand if we choose to go that way. I'm willing as somebody whose job is to do investigations, I will tell you I investigations are complex and there's a lot of unknowns sometimes and there's a lot of like oh wait I didn't think about that and on for complex situations such as what the complaint is. Uh I would probably uh even in my work world recommend a third party to investigate. Um however uh limited the evidence is you know that also limits the cost because there's not much time spent on the evidence. the time is spent on the interviewing of the two complaintants and the person who's been complaining. I don't know what the official title is of that one, but um and there's a report and recommendations generally
006that are submitted uh you know from there. And [clears throat] I would feel if I were in Blake's shoes, I'd feel more comfortable and confident with that approach knowing that there's some outside eyes, some outside legal advice and whatnot going into it. But if the board would rather do option three, I could support that too. >> To clarify for option three, um you like you could uh receive ex like that external input uh through this process is my understanding. >> We work with three. I don't think anything precludes us from seeking legal counsel, but they do not convene a hearing and they and the investigation of the facts would still be ours to deduce from complaintants and >> and and just to be clear, that would be where the cost comes from would be seeking
007legal counsel. So, we would either in option two be paying for an investigator, third party investigator, and option three be paying for legal counsel is where that would be. >> [clears throat] >> I think um sorry one one more time. What what did >> uh I was just clarifying that the expense in either would come from uh option two the expense would be with a third party investigator. Option three would be the expense would be the legal counsel. [clears throat] I don't honestly know which one is costs more or less. I wonder if with option three, there's an option to hire a hearings officer to facilitate and provide some level of expertise. Might not be legal counsel, however, that could come into play, but I'm thinking in terms of we have other hearings that we
008hold for students where we have an outside hearings officer help facilitate the conversation and I wonder if that would help. >> Well, we have delegated to the board chair to respond regarding holding hearing. So we have left it somewhat open in that regard that the board chair could >> get some additional support. Yeah. >> You're correct. >> I appreciate that clarification. >> Yeah. >> Okay. >> It does not in in option two it talks more about specifically right out right out of the shoot hiring whereas this >> having more flexibility with that. Um, I had a question on any of this where it talks about a final written decision must be issued by the board within 10 working days since we're coming up on holiday time. >> That's that's after >> after the investigation the
009investigation [clears throat] >> after the 30-day window >> for the action and then within 10 working days after the 30 working days. So again, what is the what is considered working days? >> I mean, is it when school is in sessions? So we've got how much time coming up where there's not school and such. I think the he said the investigation whether we do it or the investigator does I don't think has a timeline for the investigation itself >> but it does >> then it starts after the after we get a report >> after the investigator is concluded we have 30 days >> what action >> and then after the 30 days to notify with a written decision >> for anybody who's listening this is related to Paul work we're citing from policy KL right
010>> um which is available on the board website interpreting that >> okay >> so I because of the holidays that could drag out >> the investigation of whatever type, >> right? I think where I have pause is we to hold a hearing that's kind of easy you know we we hear all three sides within us delineating does it violate a policy and all the matters that it you know and all the stipulations that it must meet in order to violate that policy that's hard and that's why like I would lean on maybe not just a hearings officer who would be more of kind of a somebody to hold a hearing >> versus like somebody who's investigating, looking at our policies, looking at the meat, looking at the perspective of everybody and coming up with their
011best conclusion based on every now. Um, like I said, I, you know, if we want three, that's fine. I don't know if we're going to save any money because lawyers tend to be more expensive than investigators. >> I don't think it's all just about saving any money for option option three. I think it's more about the um just humanity part of it. Um this isn't all just about saving money. It's it's about humanity. And so, um, an investigator is going to tell you what everybody knows, okay? Um, it's not there's no secrets here. So, um, it's not about saving money. Um, I I'm not down for wasting money, but at the same time, I think it's more of a option three is more of a humanity type option opposed to a um financial for lack
012of a better word. >> Option two, there's still a hearing or is there not? >> There could be. It depends what what's found in the investigation. I think >> I would I would uh I appreciate you bringing that up that it's not really purely a financial decision. I see a lot of humanity in two because it allows the complaintants to respond absent of a hearing um and to present their case allows you to present a case allows case to be presented on all sides um with without a hearing and it uh I think Sean it's honoring my humanity by acknowledging that's a really difficult task to try to convene or to facilitate that process. cleanly and in light of state law and policy and all of the it's a lot to ask of the board.
013I will say that it's it's not just >> the the authorities delegated but the hearing is our facilitation um as a board. So, >> um these the um option to have a hearings officer as was just described that students h that often happens with students that would um push the liability or the um decision off of you solely. It's not like you would have to be the person to facilitate the hearing. But I think it demands some expertise from the board about law and policy that >> Sure. >> So Chris, do you have anything? I'm trying to think who has not piece I would love Brena, Chris, Holly, anything else. I think I think my piece >> Sean's gut is >> I've said mine any >> I think that this um to me stays at
014the level of having the chair be able to do this. We don't have to act without being able to contact legal advice, but we're not obligated. We also, I think, keep it in a little bit closer by having a hearing. And the hearing is not, as I understand it, the hearing is not like a big hearing out the form. The hearing is with us and the people who are directly involved. So, the hearing is actually a small component is the way that I have been. >> Yeah. I I would assume the larger component which Blake has touched on is the decision- making not the hearing is just us hearing >> right >> from all the parties right that to me is the easy part I think the decision making about whether it violates state law
015>> policy that's that's the hard yeah we're going to get >> you can we get legal advice for that >> whatever comes at the hearing and I will call for the question >> so the The um the motion on the table is to accept that the male complaints and to delegate authority to the board should respond to the parties regarding holding a hearing in the manner discussed in executive session. I [clears throat] was moved by Heather, second by Chris. So at this time I would um say all those in favor raise your hand. Got two. All those opposed. Um, okay. So, that motion fails. You have options of an alternative motion. >> All right. So, I'll move to accept public tale complaint delegate authority board chair to retain an investigator for the purpose of investigating
016the complaints discussed during executive session. >> Second. >> Moved by Chris, second by Sean. Accept the kale complaints from delegate authority to vorture to retain an investigator for the purpose of investigating complaints discussed during executive session. I think we've had our discussion. So all those in favor there 51. Was that a yay or nay? >> I'm in favor of >> Okay. Okay. So 51 that motion passes. All right. So >> so at that point if we have an investigator does that mean that we don't contact any of the parties involved with this? I will get a clarifying advice out to the boards disseminate from district. >> Um >> well didn't Elliot just tell us that um as an individual board or director that we can whatever on our own merit. >> Y so you >>
017we don't need to wait for >> you to >> not for that just how we interact as a board to this. Yes. It's a great clarification and I was really >> you as an individual citizen are able to contact >> them just not [clears throat] on board like >> the board called me to tell you. All right. Uh, future for dinner topics will be out there at 700 p.m. to give us a few minutes to get settled in. And uh with that we are uh we're journal