Marlington Board of Education Regular Meeting, August 19, 2021

001good evening everyone i call the marlington local school district board of education regular meeting to order on thursday august 19th 2021 at seven o'clock p.m would everyone please rise for the pledge of allegiance i pledge of the allegiance states of america and to the republic for which it stands one nation under god indivisible with liberty the reading of the mission statement in collaboration with staff community parents and students the marlington local school district will develop lifelong learners who understand and apply knowledge and demonstrate excellence in pursuing the highest standards with effective intervention to challenge every student this meeting is a meeting of the board of education in public for the purpose of conducting the school district's business and is not to be considered a public community meeting dr meen would you please call the role

002this is gabriel here mr hagan here mrs humphrey here dr mason here mr mitch here adoption the meeting agenda is there a motion for the marlington local board of education to adopt the following agenda for the august 19 2021 regular meeting so moved second are there any additions or corrections is there any discussion please call the wrong mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mitch yes proof 5-0 public participation dr main do we have any public participation this evening [Music] we have two the first is rob and melissa bertrand oh okay just just melissa bertrand and um of 1870 center court alliance and she will be speaking on the topic of masking kind of short i apologize uh good evening my name is melissa bertrand my husband rob and

003i thank each of you for your service on the sport and taking the time to be here this evening we understand that decisions will be soon made on the mass policy for the upcoming school year and that govern governor dewine is leaving it up to the individual school districts to make that decision so as with that as parents of a student who attends marlington high school we wanted to share our concerns regarding any mandated mass policy over many months we have done thorough research on a couple of recent and a couple of resources from which are included in these handouts which i'll pass out to you there have been no clinical trials showing that mass are even effective against the spread of covid however there are plenty that show the potential for significant harm particularly

004to children as a result the wearing of mass should be optional and not mandated research shows wearing mass for extended period of time can one be psychologically harmful to all school-age kids it can cause kids to develop unnecessary fears and depression compromise their cognitive performances delay language development in young children and increase suicide ideation among students ages 13 to 18. mass can also bring many health issues this includes but not limited to strep infections headaches anxiety inflamed gums and cavities bacterial pneumonia and lower immune systems long extended wares of masking can also lower oxygen levels raise co2 levels increase stress hormones and cause dizziness and shortness shortness of breath given these facts and our concerns as parents we are respectfully asking you to make a any mass policy voluntary and we thank you for listening

005to our concerns tonight and i have handouts that will back up the things that i mentioned for all of you to look at listen oh we'll share i'll paddy and i'll sure sure thank you the next speaker is rob bertrand and he is from 1870 center court and his topic is critical race theory yes thank you i wasn't planning on speaking this evening but when i saw this on the agenda i i could only help but hope that the only reason it's even on here is for us to universally decide tonight to never speak of it again and to not institute it at all thank you is there under new business we have committee changes is there a motion to prove the following committee changes for the remainder of the 2021 year matthew mish to

006replace daniel stevens on the curriculum committee and the buildings and ground committee so moved second is there any discussion please call the role mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approve 5-0 levy discussion i'll turn this over to dr mike good evening everybody i just wanted to come back and kick off the discussion about a levy in the district we had decided not to go on the ballot in november so we didn't talk about this maybe for a meeting or two but i just want to remind the board of the the dire need that we have to put an operating levy on the ballot soon the district it's been almost 20 years since the district has had an operating levy um i know past one and just

007a little bit of information for you we're in a little bit of an interesting situation because uh the board could could radically change in november the problem with that is you have to put levy ballot uh language in place 90 days before the election so the board almost has to decide in january he does have to decide in january are we going to put a levy on the ballot and what's the levy how much is it going to be an income tax is it going to be a property tax so i would just like to make a suggestion to you um and you know you got obviously don't have to decide this tonight but i wanted to suggest to you that we set a date in november just after the board elections and we hold

008a work session and discuss we would invite the new members whoever's on that board uh to have a discussion about what type of levy how much it needs to be and and i'll have dr maine we'll fill you in on all the statistics again here's how much we think we need here's how many mills or what what what percentage property tax and um that way we're sort of prepared rather than ushering in a new board in january and then that meeting almost saying you have to pass a resolution you know because it takes two board meetings and twice um i think that's really for tonight um you know the the best that i can impart to you so if you have any questions for me or dr maine um we'd be happy to answer those

009does anyone have any questions i guess as we're starting to think about the only question i would have is on the usr3 money do we know how much of that is going to affect the bottom line and positive way that we would be lessening some of our day-to-day expenses that's covered by that how's that going to impact like the five-year forecast and what's your anticipated year-end uh outlook of how we're going to end up we submitted that application the final application today we will find out of the approval we have uh we have some going to curriculum we have some going to some professional development and of course we have some going to the staffing just to to help the kids if if there may be some sort of a gap or learning loss due

010to our covet related closure or or online piece so i i should have more details for you at the next board meeting thank you i appreciate that any other questions in regard to levy oh i have a question at what point will the board need to decide whether it's an income tax versus um just a real estate just the same day you decide how much so january whenever you do the motion that's when i mean correct if i'm wrong with that's when we so if we have all the facts for either or both same time okay is there a way to give people an option of how to do it i don't know if they could be split like some people do income tax versus whatever is i don't since you know i'm kind of

011new again is that something can be done or not i don't know technically can but i don't think we would want to do that i think we would want to decide for this levy well well they have to be two separate levies and then you get into well they have to be split yeah they would okay yeah it can't be all in the same yes or no vote so it is a yes but it just depends so it it could be done it just depends two different yeah because what if what if some people can afford it one way and some can't afford the other way you can split it has to be across the board no matter what okay yeah i mean i think i think some of our people don't understand that i

012think that's something we have to that's why i'm trying to ask those questions because i think there's people at home that don't understand it it's one or the other yeah we have to define that for them that's a good question we're also we are i'm working on a fact sheet for everybody that will put out that says well what is an earned income tax what is a property tax um it's like a simple page you know comparison um and we'll have that soon just with school starting and everything we will have it should have it's very soon so thank you good question general legal services uh mrs humphrey since you introduced us if you would like to go ahead and present your motion um i make a motion that the superintendent is authorized to select

013and employ legal counsel and to initiate legal action to protect and or defend the interests of the board district students and or its employees and report such action to the board at the next board meeting such actions may include but are not limited to selecting representation for the tax incentive review council appeals of tax issues workers and unemployment compensation litigation and actions before administrative agencies are you presenting this in two separate motions yes is their emotion so that's your first section yeah that should be the first motion and is there a second to that second is there any discussion i think this is a good time we can save some money um so that's why these are being introduced we can the next motion will explain that we can go back to using the representation

014that we're already really paying for largely with the esc contract so the superintendent is already authorized to select an employee legal counsel and has been doing so i'm uh not understanding are you unable to um get a hold of counsel or or our tax incentive review and the other legal actions is taking place um this motion i think just was put on the agenda recently i don't i'm not understanding if you could explain so where your hands are so by so i'm bound to use one law firm and then if you remember i asked the board if you would change firms for property tax i don't i don't remember if i was here when we asked for construction and levy i don't think that was us and then um for we asked if we could

015do for tax but i i am only able i don't have the authority to choose like if i need a second opinion or if i want to use like i might say well this law firm is better with special ed i want to use them i don't have that authority this was not this is something you might see you would often see in an organizational meeting i've always wherever else i've been this is what was there this is not in ours from what i understand okay so the attorneys that we have set up through um through the previous motions would be attorney markling we have the star county prosecutor set up robert morrow for the tax incentive review which we were using prior and continued on your request and there's a motion already in place

016for that and brick or necklace there's two separate motions that have been approved which were for building construction and then we expanded that for income tax um levies all levies so those are the attorneys that the board has approved which attorneys are you asking so i would like like i've had the freedom before in other districts that i would like to be able to select the attorney okay which ones i guess um are you asking the board to approve anyone i'm asking the board to give me the authority to select who it would be like if i were you know lawyers are somewhat like physicians these days they specialize special education union contracts um some specialize in you know title ix i mean it just would depend okay so i mean with your experience what

017attorneys are do you have in mind i guess if you could give the board an idea so we so in the past um we've i've used uh john britton's firm britain um and i did with the board's authority uh when before we kind of lost the board member and i did speak with that firm we they have a local representative they have offices in cleveland columbus and cincinnati but they also have a canton office so i spoke at length with him their firm does do contracts they do special ed they do everything they have a whole firm that we could use and then some of you know that have been on the board there are times when the board you know the good decision is to use the firm people in wagner peppal and wagner

018have been in our area for for a couple of generations now if any of you have been they present the legal update that they invite you to um those would be i guess those would probably be the ones that i would look to in addition to being able to select uh the count the esc is one of those um would this would this permit you to then get this so not this alone because the board passed the resolution that i'm banned from using the yes c so you have to rescind that well actually we did pass a resolution that fixed that one which was that was resolved in october that does allow you to use the esc so the esc's attorney said that is not a valid motion it's not it would not pass the

019ohio bar she could not that she would not be able to represent us under that motion that's a that motion was made by that resolution was created i think by your the current legal firm firm i'm just i'm just kidding i guess okay um i guess either you or karen maybe can answer this since we're talking about the esc is um i guess can you explain how the esc operates as a legal firm and if you can show us what type of contract they would have as a legal firm it's what's been used for years carolyn and you know that before you changed to markling in in march of 2020 it was something that was has been in place for years and used whenever we can so that we are we have a certain amount

020of hours that is given to us it's included in the contract price that we already pay them we're paying the esc for things we're not getting with this legal contract we can save some money and that's what we need to go back to the contract that we had that's with with the esc allowing mary jo slick to to do things that matt markling's been billing us for we're probably approaching close to 100 in 18 months that we would not we probably wouldn't have caught all that cost out having used mary jo slick but we could have cost we could have cut a lot of that out why aren't we saving money when we can save money it just makes sense well how much do we pay to the the uh the sce the scc you

021know the sdf thank you so how much do we pay them annually monthly how much does that come i mean is it what's the difference i don't have those figures but um the figure i i i would have to check with legal count there they've broken down how much if you look the whole county uses mary joslyn so we don't at all and i think there's one other district so they take all the students in the county what does she cost per student but we're still paying them even though we don't no we are not we're not paying that they factored that out it's a very i like to say i know i could say it's a very minute small amount and they credited that amount back to us from what they told us okay

022so they're very small we got the money back from not using them and we're using that to play markle is that correct no well i wasn't pay markling no because we it's way more expensive okay so we're paying um according to the high revised code 3313.845 we are paying the store county esc for this fiscal year 184 742 dollars and 64 cents now that does include preschool several services part of that is mrs slick as part of her services we haven't been i mean we have asked for a breakdown of that we don't have that exact amount that the portion that she's included i have that amount i guess i'm allowed to say her shares five thousand dollars a year is what we marlington would pay mary jo and mark martin's getting how much well

023he gets 300 almost 285 an hour i i don't have all the figures of what we've paid him okay now the rest of the story is mrs slick doesn't do all the legal work she does some of it but then she subconsciously and she subscribes out to a specialized person for doing that so how much is that how much is that wait how much does that charge do we get do you stand for i want an area it varies right so again in the long run what makes more sense getting rid of both of them and picking just one person or do you go back to that you go back to start counting and then we just what's the cheaper version let me maybe i can help with a little bit with this there are

024many i'm surprised that today every every school board doesn't have to employ an attorney like they employ because every day they're legal when i i can give you an example you know when i've always used mary jo in the past there are simple day-to-day things i can just pick up the phone and in a couple minutes she tells me and then we don't pay for that right really she get we get legal updates from her which patty and i then don't have to research any if the whole county gets a public records request she writes it patty doesn't have to re it's a time saver and i have to i'm and i'm just giving you the facts i've been doing this for 14 years uh as a superintendent mary jo is the contract person in

025uh in this area she is the best and when you do bargain a contract that takes a lot of hours so if you know if you they're there i can't i can tell you there would be a significant cost savings using mary jo slick guaranteed okay i'm not saying anybody's a bad attorney no no not saying no if you're asking me cost savings quickness of response um being able to get you know updates uh you know all the many many things there are many things that on a daily basis or on the weekend yeah i've talked to on sunday i can pick up the phone and it's just more cost effective for the school is what you're saying it is okay can be i'm not saying i didn't at other places i didn't use other

026attorneys mary jo is not a special ed attorney if you need that i always look toward brit john britton for that um you know we've always everybody mostly uses brick or necklace for construction we do too uh bricker and eccler for levees we do too so and those are based on short-term usage those are mostly short-term project uses i mean if we are looking if the goal is to save money as karen has mentioned the stark county prosecutor is actually the only one that is free that never sends us a bill so i'm wondering why we're not using their services more often because they are listed in our motion okay so i can answer that so i s debbie dawson is that person right and the first time i called debbie three weeks later she

027called me back and she's debbie i don't know if any of you know debbie she's been working there for like 30 or 40 years she has never ever ever ever ever represented a school district ever she said i've never been asked to do that i called her about a week ago for some advice and she took about a week to get back to me i need to call somebody when i need somebody i need them that day and i'm not debbie was set up because there are factors that happen in the law where you have to work with the prosecutor and we might be talking about one of those tonight but debbie is not a person i can pick up the phone debbie's the board counsel for the dd for the health department for big

028entities in stark county it's not like i can call pick up the phone and call her and say you know that's just the best that i can she's not a school board school attorney she serves a function with the prosecutor and that's the way the law was written way before we knew we'd need school board attorneys for everything patty could you go over the legal costs that we've had um do you have that information that you could give us like four years ago three years ago do you have that information you don't have that available tonight i'm just wondering um because i know we've had multiple attorneys that we've used over the years that we've had to pay for and uh although we have used mary jo slick um we've had uh numerous other attorneys

029that that have been used by the district i can get that i'd also just like to clarify that if you're going to compare services rendered by mary jo slick versus service that services that have been rendered rendered by markling there are a lot of services that he provides that she would contract out to other people right which would then cost the school district so but in the long run i guess yeah but the question is then is it cheaper to do it that way with the specialized people versus just having one guy pay for it and we're paying what his could be like three times the amount of someone that's paying 150 do you know what i'm saying like we got to see what the cost effective that's why if patty knew any numbers like

030that we might be able to give you a better answer what you want to do with it exactly it all comes down to what the cost is and what we're saving everyone money for and that that's what's important for this district though right i believe the hourly fees are very similar for the firm she uses i think they're about 285 maybe a little more than what we're paying still 15 less so it's still 15 less than three hundred so no matter what you do matt is 285 britain is 275. and all i can give you is my past experience in the eight years i was at northwest maybe three times four times i used somebody other than mary jo for general legal three i know at least mostly that was special f because mary jo

031is not a specialist but i can also tell you it's not apples to apples because you may get a special ed case that an attorney can solve in a day you may get one that it takes a whole a year yeah for an attorney to sell and you can't so yeah you can't even compare year to year the school's expenses for oh it's always it's always it's fluid is the motion everything is so no i get that but you really need to remember too you know the other things that he said she she does leg work on things that cost them time you know if they have to look up there so they're double doing something that she's already doing and providing the information right away so that's the value also well everything saves time

032that we can do in the long run is what's going to benefit the school is what matters so just i know we have a new board member i want you to know the attorney works for the board this is your decision whomever you choose whatever firm and and you know mr markling is in the firm he's a one man he says firm and i'm not saying bad things about mr markling but he's not a firm he's just one person with no secretary or paralegal that i know of um but the whomever you you can and also you can employ an attorney with a shingle you don't have to employ a firm it's my understanding that he does have additional attorneys so i don't i wouldn't want to misrepresent yeah he's told me he doesn't i

033thought there was i thought he had john and markling mrs well mrs mcgowan is long i think retired and rode off into the sunset okay i asked him because i know susan and he said no she doesn't because you know it's like when you buy a firm sometimes you keep that name i don't think i don't know that bricker is still with brick or necklace at all so are we approving [Music] with this resolution every attorney in the state of ohio are we going to limit it to the ones you've asked so if you're asked if you're that's up to the board this is the resolution that that that many what i'm told many many school districts have i do know that they're of a school district that provides a list of attorneys that's that's

034totally up to the board i would like to think at some point you would trust my expertise but it's up to the board dr mike what what is the information we're not getting from mary jo because we haven't employed her we do not get any legal updates we do not for marriage we do not get any of the writing like whenever she studies a case and says hey you need to know about this we don't get that um again patty doesn't get the service of the public records requests and we get we we get probably gotten more since i've been here than i've ever gotten in my whole career we get a lot of public records requests and you often need an attorney for those and she does those now does she provide both sides

035of the offense of information or just one-sided information when you ask for questions and stuff does she like i don't know i just i guess my question would be like is it always like is it geared towards one way or is it like like a bipartisan kind of like she's not she's you see i'm saying yeah i don't want opinion i want to know just the facts is what i'm getting i would just know she's just going to tell you so that's like you know you go to your doctor and he gives you an opinion she gives you an opinion based on her expertise which is probably 50 years at this point 45 years i have never taken her to act partisan or anything i've seen her i've gone round and round with her about

036things but she's the lawyer i mean she's got the the backing i mean i don't always agree with her but you have to just again you have to decide i don't always agree with any of the attorneys i've never worked with who doesn't i mean well um the board has passed had passed a resolution back in march or back in october that was to give you the authority to be able to get that information and mary jo slick chose not to give it to us and that seems very questionable as to why you're not getting it um because all the legal action we have or all the legal documents we have are in place for you to get that so i find that very disappointing there is she's saying they're illegal that's why i'm not

037getting them and she's the lawyer i'm not going to argue with her i'm not you know the next resolution that i'm going to present addresses that because there was a resolution that terminated all legal services let's karen we're on we're on this one on the first one you said this was about something that um we can let's let's vote on this let's just vote on so what we have to determine are we going to specify the attorneys or it's going to be carte blanche for every attorney um available i think he's already mentioned the attorneys that he you know the the group that he would be looking for and i think we can trust him and i think the purpose of the previous resolution that that uh attorney slick for whatever reason didn't approve the

038intention of that part of that was this anyhow so basically we'd be voting on this separately from that resolution right we're voting on separate many school boards list out the attorneys that their superintendent would be using the question is are we going to list them out we have several already approved but we need to apparently lengthen the list again that's up that's up to you is that does the board want to list the attorneys or not list the attorneys i think if we're going to trust dr mike to be the superintendent he is i think we let him do what he's got to do does anyone disagree i agree thanks all right um any other questions or discussion please call the roll mrs gabriel pass yes mrs humphries yes dr mason yes mr mitch yes

039mrs gabriel yes motion approved 5-0 mrs humphries would you read the uh propose your second resolution sure whereas on may 11 2020 the marlington local school board of sorry marlington local board of education the board pass resolution number 133.20 the resolution and whereas the resolution terminated all legal services from two law firms in the stark county educational service center the s c esc and or general counsel mary jo shannon slick and whereas the resolution also terminated in part legal services from two other law firms and whereas the board now desires to rescind the resolution and reinstate the legal services in the same manner as they were formerly provided by the scesc general counsel mary jo shannon slick which included selecting and coordinating outside counsel when necessary now therefore be it resolved number one the board

040rescinds resolution 133.20 and reinstates legal services from the scesc general counsel mary jo shannon slick in the same manner as those services were provided prior to the resolution number two the legal services reinstated include the same authority the general counsel has always had to continue in her discretion to coordinate and consult with outside counsel number three the board effect effective immediately terminates matthew john markling markling as its general counsel and terminates the engagement agreement with the law firm of mcgowan and marklin company lpa and number four the law firm and mark ling she'll immediately transition any and all legal files and outstanding legal matters to attorney mary jo shannon slick is there a motion to approve the resolution that mrs humphries destroyed i'll second it yes i make the motion is there any discussion um

041if i might and i know mrs gabrick you've been on the board a long time so this may help you with your decision when it says mary jo shannon slick which includes selecting coordinating outside counsel i don't have to take her outside counsel if i don't like her or if i call the board leader or the board we meet we say we don't want that we'll we'll pick our own i'll pick our own we don't have to go it's it's a recommendation does that need to be added to this resolution no because that's the capacity she has always that's that's the law i mean you don't have to take legal you can hire whoever you want to for your legal caps okay thank you well as we previously tried to re-engage services with the esc

042i'm perfectly fine with this all the way up till three and four of this is there no way we can retain board council and still have representation through the esca how is that how is that though i'm surprised can i have that's attorney client privilege you'd have to bring her to executive session there's a very there are some very good reasons but i i believe those are attorney-client privilege okay well yeah i i just don't think terminating counsel or terminating contract with council in in the middle of dealing with matters to transfer those over to new council would be very cost effective either in my mind the best way to go forward would be to as we did permit you to choose council in the future also to try to find a way to re-establish

043the relationship with the esc without having to then stop everything that's already in the middle of cases and matters that are being resolved that we could move forward and i just don't understand why why there's no way that the board can retain counsel for the board and have that totally separate from the deal from the esc well that's kind of what happened when mr martin was brought on what that was that was the big choice well this is this is the marriage this is mary jo slick's choice why would she sports choice excuse me why would she have this much power over the marlington local school board that she can choose what attorneys we're going to use she does not apparently obviously does if she if we can't have board council markling you just said

044she doesn't she doesn't obviously we will will we can vote on this and i think we need more clarification she she by law cannot work with matt barkley well we're not asking her to work with matt martial she would have to because she has to consult with i mean that's the way it works and i don't want to get too far into the weeds because technically now we're getting into what should be executive session and what your attorney one of your attorneys should be present well i think we should have both of them present i guess before we i would make that decision well i wouldn't advise that but that's something well somebody needs to be there to explain it because we don't even know why we don't even know why she uh is going

045to preclude us from using our general counsel and i would say with a decision of this magnitude having a new board member that isn't it hasn't been a part of any of these things going on until this point i think that would be beneficial i might not have made decisions but i've been listening out there in the past and as a as a spectator too so i kind of know what's going on i know that was an executive session but i've been kind of reading up on things that have been provided to me so i can be up to speed as quick as i can you know the way i take it is if there's a way we can work on it maybe this needs to be an executive session thing because obviously the four

046of us can't get five of us can't get this done in here this needs to be a talk but we also need i think the issue here is is there a way to instead just terminate today is there like a transition phase is there something that can go in between the two that way we we all get we want out of it to make the right decision for the community what do we need to do to make it so it's fair for both sides what are you guys both willing to give up and then what are we all going to give up because that's what i'm i'm hearing it right now so what do we need to do give it up to make it right what you what do you want carolyn and what do

047you want karen you want i mean i mean just i'm just going off what i'm saying here and the fact of the matter is you want to terminate right now got it okay you don't want to terminate because you think there's a problem so what is the middle ground between all that apparently it's executive session so i think we're going to have to have that but um is that you as saying that as a as the president of the board or saying that as just another board member no i think we need to hold an executive session with the entire board with perhaps i guess mary just slick is the one that holds the key to why she can't work with uh matt markling so i would assume we need to schedule that with her

048to to get the story i think you might want to hear from her well i think if that's what's going to make the best decision to make this fair is what we need to do well the bigger issue here is uh rescinding this motion is not a proper motion and it's not actually in order due to the recent motion occurring too late and the district it all has already taken action on the original motion that was put in place back in may so um roll call will not be called on this me ask one more question how many more things is markling and them doing for the school how many more things are they involved with like what other contracts are out there we can't disclose those i don't or is that something well i

049could we can i can tell you that in executive session another executive session meeting okay well that would be i'm sorry but there oh no we can't if that's something that's legally that can't be discussed out in public i think that again the public needs to see that too i mean we're trying to you know we want to educate everyone as we're doing this to see there's reasons why some things are being said here and some things have to be said back there and this is one of those things it comes down to legal issues so if that's what it is then we need to go back there and talk about it so we do have it on the agenda for tonight but just so you understand the resend rescinding emotion means that the motion

050never existed which means we would have we would just be erasing the contract we have with attorney markling which makes it a problem for patty to pay the bills for dr mike to have received these past services if we just completely erase that motion i don't know if that makes a difference to not pay the bill i mean if i switch attorneys right now with something else i'm done paying the one attorney finished paying moving on to another one and the rescinding the motion is where uh we had the attorneys listed so the resolution to read yeah no and i have verified that with um osba um attorney van van keating said that resending is not the proper motion so you were in you contacted osba about this already yes so you kind of knew

051this was going to happen well i saw it on my agenda i read the motion i read her motion on the agenda it wasn't attached to our agenda when did you speak with rsva well welcome to the board yeah all right i just i just i mean i'm just not i'm not trying to cause a conflict here i'm just trying to understand that i didn't write the process of this because it seems like this is getting this nowhere this guy when did you have this added to the agenda it was on tuesday before four o'clock right we it didn't get typed until wednesday morning though because i i don't i i you guys are kind of putting me in the middle but osba's not supposed to be giving legal advice but from what i understand

052that's true and that man may be in some hot water do we what was his name again do we know that your doctor who you talked to i talked to mr keating mr keating okay yeah yes the motion was made and it was seconded so we should vote roll call will not be taken because resend is not a proper motion and is not in order if this it doesn't if this is a legal resolution that was created by attorney slick then carolyn what policy is that you're saying that is so i can so i can read it if you don't mind that you're coming up with it says you can't resend them parliamentary procedure robert's rules of order you can read that under also under our policy that says we will follow robert's rules of

053order and fundamental procedure and it is under recent emotion karen did you reach out to attorney select to put this motion together i got this from attorneys you got it from who attorney slick okay i i just don't understand because according to her she can't give legal counsel to the board because of our previous resolution yet you reached out to her and she did so i'm i'm just at she's blocking updates to dr mike yet when you reach out to her she can offer you resolutions if i ask for something i don't know this just seems kind of strange all right so my recommendation um dr mike is too for perhaps our next board meeting if you could invite uh attorney slick to the meeting for an executive session meeting and then we will not

054take action any further action until after we have whatever thank you to her whatever the board directs me to do what i'll do um do you prefer making a motion to table this since she wants a vote would that be more appropriate you can't really table an inappropriate motion but you're welcome you're welcome to do it the motion was made we need to vote on this it was seconded it's standing we only vote if a motion is in order rescinding a motion is not a proper motion it's not an order per robert's rules of order for parliamentary procedure okay robert's rules of order is not a law i mean it's something that you that is the guideline this is something that as a resolution that was introduced and seconded if you want to go if

055you want to call the role you call the wrong patty roll mrs gabriel pass mr hagen no mrs humphries yes dr mason yes mr mish i might have got yes yes yes it is three one approved you have to circle do you want her to circle back oh can i hear can you list the boats um mr hagan no mrs humphreys yes dr mason yes mr mitch yes mrs gabric pass so i need to circle around i will abstain due to this not being a proper motion and we shouldn't be voting on any of this and it builds a conflict of interest for us to go against robert's rules of order okay should we move to the next probably a good idea okay i have presented to you just like any other handbook we have

056to update our dda that's our digital learning academy we have to update that handbook and you know just there really aren't huge differences the only difference is that uh the state lawmakers said that now if you are traditional k-12 institution like us there has to be at least some little bit at least of in person we do that anyway we have an orientation we bring kids in if they fall behind so this is the dda handbook for the next school year is there a motion to prove the superintendent's recommendation for the 2021-22 dda handbook as presented in exhibit c 21. so moved second is there a discussion please call the role miss gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approved five five zero transportation in lieu of the

057state of ohio provides a monetary amount for children that attend private or charter schools if they're within a certain distance and there's some rules that govern that but um these parents have requested that in lieu of payment we don't have the official what it is this year last year was 250 dollars is there a motion to prove the superintendent's recommendation for the transportation request as presented in accordance with ohio revised code 3327.01 for the 2021-22 school year reimbursement to be determined by the state which you said 2 250. it was 250 last year but they they haven't given us the amount yet this year and that was total right per kid 200 200 is that per kid is there any discussion please call the wrong i'm sorry we've got dr mason yes mrs gabriel yes

058mr hagan yes mrs humphries yes dr mason yes mr mish yes approved 5-0 uh the next one is carefree education service um we have decided as a team especially curriculum team excuse me i think that's right i'm sorry sorry sorry um bus routes i got ahead of myself um i'm sorry i there should be something added to this right it should be recommended to approve but you do know in policy the superintendent has the authority to change bus routes if need be i mean that's just if we need to adjust them i think that goes without saying but just so you know so do you say we have to add something to the action i don't think so because that's in board policy now that i think about it is there a mission to prove

059the best routes for the 2021-22 school year as listed in exhibit d 21. sorry i'll motion it go ahead second is there any discussion are we providing a seat for each student in the district here yeah here let me yes let me i made some notes okay a couple board members had some questions okay um so we're doing what we did the protocol we did last year which is two percent trying to get uh siblings if we could next to each other within reason i mean we try to keep the younger kids toward the front of the bus as much as possible we're doing all the same disinfecting last year we were not able to eliminate any bus routes the problem is you still need to run the bus even if a few kids don't

060get on and then any day those kids can say i'm getting back on the bus so we we couldn't redo any any bus routes but we do look at the elementary routes especially after school starts does that answer i think a couple you have questions you said two perceived as a two percent or two per row two per seat two percent okay what's the longest ride any kid has do we know that's a good question i don't know got a lot of them don't i yeah that's okay we'll get the answer for you so are we providing transportation that's right are we providing transportation for every student or have we reached out to the parents and just receive commitments as to who is riding the bus and only providing for the students that we've committed

061we have not we have not done that and the problem with that is it's not always accurate they might say yeah yes we want the bus but then then you know they may or may not or unless we are providing for every student would there be a cost saving and how much would that be if we i talked to mrs sickles she said there wouldn't be a cost savings because we would still have to run that route there's not enough kids that say i'm not taking the bus all of a sudden any different than what we've had if that makes sense i mean she kind of knows where the kids are and i know a lot of people have noticed that the buses don't have that many not right now but during the school year

062that they don't have that many students on um well last year superintendent noel asked that more people that can drop their kids off due to you know the restrictions and spacing on the bus that may have been part of that we'll do we'll do our due diligence to count and okay um any other questions please call them all mrs gabriel yes mr hagin yes mrs humphries yes dr mason yes mr mish yes approved 5-0 okay now carefree education service uh we decided uh as a curriculum team renee kaley and i especially patty a little bit involved in dance which you're a little bit involved and our principals um as you know we don't have a k we don't have a reading program at all um we don't really we have an antiquated math program and

063this company is is a company of experts math people elementary math people elementary reading people and we believe with what we're going to supplement you know with our to our teachers these folks will come in and they're going to work all year with our kids you have the contract there this is a good deal for us we don't have to pay them any benefits or anything this is just we're subcontracting with them with some of our esser funds and and these folks are well known established curriculum folks and sometimes it's it's good for our teachers to have an expert from the outside come in so this is the route i'd like to go is there a motion to prove the superintendent's recommendation for the contract with carefree educational service group llc for 39 650 to

064provide professional development for the marlington school district k-5 teachers during the 21-22 school year to address the covert related learning loss with reading and math using fund 507 sr3 as outlined in exhibit e21 so moved second are there any questions so they'll take classroom visits to kindergarten they're all elementary through mainly k one k to three to five yeah i talked to renee actually it really sounds like a good program i had some questions for her the other day and she really answered she knew that she knows exactly what's going on with this this is going to get us back on track for kids education this is this was a good good decision on your guys's part so i'm okay with it so these are additional costs that that we didn't have before but they're

065going to you'll use the astr 3 funds to pay for those right this is a people cost yeah it's not materials it's a consultant cost okay yes please call the roll mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approve 5-0 cops in schools um i would like to very strongly recommend that we bring deputy collins and deputy deputy baganovich back to us their deputies as the star county sheriff deputy collins is with us tonight they live in our community they know our community they have children in our schools and i am recommending that those are the two that we bring back through the sheriff you have his contract there and i have to say the sheriff worked with that who has been working with us tremendously since we've

066had even extra problems with school security in this country he's been here he's been visible he's designated people to work with us so i'm very pleased with our partnership there and some of this is grant funded i could get you we can get you there is there i'm sorry is there a mission to prove the superintendent's recommendation for the following agreement as outlined in exhibit f21 to have deputy collins and deputy bugenovich as the marlington local resource officers for the 21-22 school year second are there is there any discussion what funds um you spoke about grant funds could you go into the funds that would be covering the cost of this part of the cost [Music] is through grant funds with the sheriff's department the other part that we pick up would be our health

067and wellness funds that is designated for those such purposes and i can get you a breakdown if you want and deputy bogonovich is the one that wrote the grant so a little extra hats off to her please call the room this is gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mesh yes approved 5-0 the next item i i placed on there patty and i talked about it i'm not sure we have to have it on there but better safe than not uh robert morrow is our attorney that strictly does property valuation for us he does everybody in star county and um he is moving firms so we wanted to make sure that you knew he's picking up from one firm and moving to the other it's all listed there in the

068contract there's no break in service there's no difference in fees and but i'd like the board to approve that just so you know that's happened is there a motion to prove the superintendent's recommendation to release documents pertaining to marlington local school district from lane alton attorneys at law to park street law group llc due to the office relocation of attorney mark attorney robert morrow as outlined in exhibit g21 i'll mend it second is there any discussion please call them all mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes proof 5-0 foreign exchange students it's nice to be able to welcome back foreign exchange students and i'm so happy to say one of these is from italy in addition we will have a richness of of young people to come

069to our school it's great for our students it's great for them so i have two more for you to approve is there a mission to prove the superintendent's recommendation for the following foreign exchange students for the 21-22 school year mckellar cantarella exhibit age 21 and la lu felipe exhibit i 21. so moved second any discussion please call the role mrs gabrick yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approved 5-0 frequency of board meetings is there a motion to have one regular board meeting for the following months on the third thursday of the month september october november and december so moved second is there any discussion dr mike is there um any need is as you see going forward that you would need a second meeting a month or are

070you going to be able to plan accordingly for one meeting a month one meeting a month is fine if we would need a special i'll let you know and then with us having one meeting a month and they're a little more lengthy is there any interest in changing the time to for example 6 30 or do you want the meetings left at 7 o'clock maybe can we move it to what we need for what the discussion is is that something that can be fluid once we set the regular meeting it has to stay at the time we set it we could schedule a special meeting ahead of time at 6 30 or 6 if we had 6 30 sounds okay or so that's fine with me if we moved it that way it gives us

071an extra half power if we go into it i guess dr mason you said i'll do that all right so is there a motion to have the one regular board meeting as said amended amended amending the time to 6 30. second and is there a discussion on the amendment of changing the time the regular board meetings to 6 30. please call the roll on the amendment mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes oh approve 5-0 thank you and the motion on the floor is to have one regular board meeting for for the month the third thursday of the month for september october november and december with the amendment the time to 6 30. is there any discussion on the motion as amended please call the world mrs

072gabriel yes mr hague yes mrs humphries yes dr mason yes mr mish yes approved 5-0 critical race theory um i'll turn this discussion initially over to mr higgins um dr mike did you have anything to say first no i'll let you i'll let you okay um i've got a uh non-discrimination policy for combating race and sex stereotyping to deal with critical or race theory concerns this doesn't by itself prohibit critical race theory but it does draw out a lot of the areas that some believe critical they have concerns with critical race theory i also got a letter of recommendation for this policy from representative reggie stoltzfus um i can read his recommendation letter and then i'll go ahead and read the policy hey josh maybe you should read your policy first so they can hear

073it then you can see why he recommended it either way oh that's fine all right so a1 no district employee subcontracted employee volunteer or any other person permitted by the district to teach or make present or to make presentations while acting in his or her official capacity shall provide any survey instructional material or other information to any student promoting the following a that one race or sex is inherently superior to to another race or sex b that an individual by virtue of his or her race or sex is inherently racist sexist biased or oppressive whether consciously or unconsciously see that an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex d that members of one race or sex cannot and should not attempt to

074treat others without respect to race or sex e that an individual's moral character is necessarily determined by his or her race or sex f that an individual by virtue of his or her race or sex bears responsibility for actions committed in the past or present by other members of the same race or sex gee that any individual should feel discomfort guilt anguish or any other form of psychological distress on account of his or her race or sex h that meritocracy or traits such as hard work ethic financial responsibility natural marriage good parenting respect for the law and other categories are racist or sexist or were created by a particular race or sex to oppress another race or sex and two for purposes of this policy the term sex shall have its scientific and traditional meaning

075of the status of being male or female as biologically determined before birth at the dna level and then i'd like to read his letter of recommendation he writes i commend this move to protect the consciences of public school faculty and students within ohio district house district 50 the proposed updated policy signifies the seriousness with which marlington board of education takes matters that pertain to the dignity and respect of its school district i commend them for this critical race theory is is dangerous as an ideology when it is used to divide and demonize no one should be coerced into adhering to or forced to teach someone to adhere to it's more extreme tenets there is a big difference between teaching about an ideology and being forced to teach it as truth no school personnel should be

076made to teach or express something as true that they sincerely do not believed is true and no student should be made to affirm something is true in order to pass a class residents of ohio house district 50 can applaud this action by a local school that serves their community i certainly do sincerely reggie stoltzmus state representative 50th ohio house district any discussion so i can you want me to make some comments so um so i did contact our legal counsel on this one and he did not get back to me i did contact neola which is our policy um he says niola does not have a specific and you all have this neola does not have a specific policy dealing with critical race theory niola will not address this issue if your board approves a

077district or attorney drafted resolution or policy it is highly recommended that the district's councilor approve this resolution which means board council or policy since they would have to be the one to defend it if it is challenged so neola would not defend it the topic will continue to be a political issue and i question the need to address this in a policy if this is a critical issue with your board maybe your board would consider a resolution or a statement but not a policy that makes requirements and maybe something that you cannot police so there i know that other districts have made resolutions or statements um they didn't make a policy oddly enough the prosecuting person prosecutor person from the prosecutor's office did call me she called me about what i originally called her and

078she asked me about this particular um issue and she believes there are pieces in that and what mr hagen read that would violate federal law so um i won't tell you what it the other thing she said did she specify which pieces she would well quickly she said so i and i can tell you the last line is in conflict with our board policy as i see it she sees it to be in conflict with federal laws and rules or regulations mandates um she would have to give you the exact um let's see what else do you have the board policy that that is in conflict with um why didn't niola said they would have to go through i i think it would there is a policy on allowing teachers to teach controversial issues that

079would have to be taken out of our board policy according to her according to the attorney so in other words this has not your actual board council has not looked at that or given that um when was that referred to him um last week sometime probably okay maybe two weeks ago when that whenever you gave it to me okay i could tell you the date um i've given you minerva minerva made a statement i gave you their statement in the ohio department of education well resolution i don't know that there's any different made a resolution i gave that to you as well yeah minerva is a resolution correct correct yeah good resolution to you yeah no one in stark county has made a foreign policy and as far as i know miner i don't know

080for sure minerva is the only one the last time i asked that made a resolution so you said there they haven't made a policy but they are making resolutions most of them are not even making a resolution for what they're telling me and minerva made a resolution then you have that and if it was a resolution then you're saying it wouldn't buy later policies or you'd have to ask board council we we have a the federal government defines sex and i'm just giving you the facts the federal government defines that and our board policy says we won't discriminate against so you can't redefine that when the federal government and the federal government defines that as how i would have to look to get that exactly it's not that and she did she did tell me

081that so you do understand if you are sued for federal you are not covered by our insurance they could sue you personally and and i know there's they could that's that which you said could you might want to ask jackson about violating federal policy or test law about violating federal policy and um she also said they could take all your federal funds they could take back your essa funds and she said i can guarantee you someone will sue you over this who said that deb dawson how much do we get from federal funds do it sounds like coercion that's our i'm just giving you i'm just giving you it's up to the board to do i think through the patent questions to the prosecutor's office the breakdown they are yeah i mean i don't know

082i'm sorry so you can't yeah you can't talk i'm sorry i learned the hard way too um so how about is there a way we can put it to the the families of the school to let them decide if they don't want it i think you need to let your legal counsel look at this and is that something we can ask them to see if that's viable yeah well we don't we don't have any legal accounts at the moment right so right now it's kind of just as slick as your legal counsel at the moment unless yes you determine that it's in the air now somebody this attorney says i don't know the lawyers are gonna have to fight that one out i mean it sounds like it's kind of you know i've talked to

083people and it seems a very important topic i don't know if i'm talking i agree with you you know and it sounds like you know they a lot of people are think that feel like we have to make a stand about something because no type of racism is acceptable i agree back and forth and i feel like the way i've read from house bill 322 to house bill 327 to the new crt you know all this stuff i just feel like it's like a push back on both ways so both neither way it's causing discrimination on both both ends i feel that that's how i read it i mean maybe i'm not reading i'm not a legal person i'm not an attorney apparently we need to get one so um i don't know i just

084i just know a lot of people in the community are don't want that and obviously we had a speech a little bit ago and before we started it they don't want it so that might not be everybody but that's why i said we need to have a better beat of what the community wants us to do we vote we work for the community community doesn't work for us and mr mitch i agree with you but there are federal laws that we have to follow so so then is governor devine going to send the uh national guard in here to tell the whole community dewine is not the federal government individually they'll come after us right that's what do you see what i'm getting tell me that about and i you know i there's again there's

085a lot of talk about this in our os what have any of you contacted osba about this they are having a webinar i believe next week so okay um you know what it is one that you would need to sign up ahead of ahead of time let paddy know you're attending oh they'll be on the same line as the federal government but they are right now well i'm not again i'm not trying to be disrespectful dr mike i just know i did you see i'm saying like yeah is ridiculous i mean the whole the whole thing of where they're gonna how they're gonna impose a law that what they're gonna come the whole community and tell us we're all wrong the fact that anything on this policy is questionable should raise everybody in this room's

086eyebrow i mean that i i don't know there are federal laws that we all don't agree agree right we i'm sure most of you in your businesses you have federal laws that probably don't agree with but i'm i'm here you're s i don't you're my devil's advocate you're my devil's advocate i get it so now i'm not the i'm the messenger and i'm telling you what's going to happen if you want to believe me or not believe me and you can't make a policy tonight that i i i would advise against making a policy without when your policy body said i would not make this policy but if you do well you better have your attorney they haven't given us any they haven't addressed it they told you that we they said we are not

087giving you a policy on this well they say that's how strongly they feel in the email that neola sent you they said that they're not even going to do anything correct regardless of crt correct so so we should just do nothing i didn't say what no i'm just saying what we should do what's your professional opinion about this i mean i would do a statement like a resolution this community feels very strongly about this issue i will tell you that yeah but i would i would encourage you to look at what minerva did i i was extremely proud of minerva our neighbor with that i'm a nervous uh community similar to ours i mean but ultimately it's up to you ultimately so make a statement but not a board policy and i right and i

088would still have your statement looked at by legal counsel what's the statement going to do when when any of the things on this are done in the classrooms well i think that's the same answer is what what will you do with who's going to police this who's going to answer the question i would imagine the same way all other policies who decides what's critical what is it is because i've had some people ask say such and such i believe falls under critical race theory but somebody else says well that's why this doesn't specifically say critical race theory it's the tenets of critical race there that people are concerned with i would i would get a legal opinion on it that's my advice i just want to take a moment and thank mr hagin for his

089his efforts in putting all this together i think we do need to be very mindful of our entire community and figure out a way to put something together that's going to meet the needs of our community and if it means reaching out to an attorney you know i would encourage you to do that and um this is our first discussion on it and see what our different options are and um we can revisit it at our next meeting and what about a workshop carolyn can we do like a community workshop that discusses us are you talking about the osba workshop or i'm talking about like i'm talking about that community that's out there and i'll sit on the door and we can all interact back and forth where they can't do that now that gives

090them an option to do that freely not just like a five-minute speech is that something we can do together to get their support i think once we get um the information together and i think the board needs to get um some information as to the direction they're going to go um that's going to meet you know not not um challenge or federal funding and things like that there's got to be something that's going to work for our district because i believe this is a very good document if we can get it to um you know have it reviewed by an attorney and see what direction we can go with that i would encourage everyone to read and that's everyone in this district to read minerva's resolution too i think if i can give my two

091cents and not to be josh i think one of the places that's going to be questioned is article d what's that of joshua joshua josh members of one race or sex should cannot and should not attempt to treat others without respect to race and sex i think that never was confusing with all the negatives but dr mason which which point article i'm sorry i think that's probably the first red flag that would go up on that because there are there are federal laws which are you it does that say no one should look at anyone in respect to their sex or they should always look at everyone with respect to their sex or race well this is saying that this shouldn't be promoted that but one way either way it's wrong either way it's gonna

092have a problem with they're gonna say i shouldn't look at people without respect to their race or sex and you can't say i always have this doesn't prevent that it just prevents from that being promoted that this should be the case that one that members of one race or sex cannot and should not attempt to treat others without respect so you what i'm saying is it number it's like i said it's unclear but i so if what josh has written down there if we tweak it is that something we could do as a resolution would that be something you're willing to figure out to get the proper wording to get together that way it's fair across the board can we do that i think the second one is the statement that's that's the one that

093needs fixed that's going to be a big one i mean is that something you can adjust with that josh do you think we could do that i'd like to get a recommendation from legal counsel obviously should i be careful no i just want to make it right is all we want to do i would be careful because biology is showing us it's not as clear as we might think it's the more we know the less we know castor semenya i can i can point at the olympics have had to deal with this with women athletes who are women yet have uh internal male in their their dna is not it's not everybody's not xx and xy there are that doesn't have heterozygous dna there is i'm sorry what is the rate of occurrence of that

094i'm not saying it's i'm not saying it's a big number i'm just saying that's the kind of thing that gets you in trouble on these kinds of if you stop it traditional meaning or whatever you want don't try to define it by using something that could be used against it and that's what you by saying biologically determined i just gave you and it's an exception is it a is it a common one no it's not it's it's incredibly rare but it is there it is biologically determined that that happens it's not but it's workable it's something we can work with it's not saying we can't go about it something we can just tweak it to make it right so that we can get the results so everyone can see we're not going to push for

095that and that's what it comes down to okay so we need to figure out what we need to change on it and we may we can get something resolved would not have legal console you know and to the point of minerva's statement resolution they put out they cited the ohio state board of education's resolution to condemn racism and advance equity and opportunity for black students indigenous students and students of color after they passed that they they actually did finally get to refer that to the attorney general's office after the fact to see if it's even legal so referring to that [Music] and i'm pretty sure the attorney general's not going to find that in line with a lot of the laws as well just to point out can the ohio board of education get sued

096for passing this resolution or that resolution yes the fact that you can get sued should not be used to stop you from doing what you need to do stay making us no matter what we do on this board how simple of a resolution we can get sued so i would just like to point that out mr hagan the difference is if you defy a federal federal mandate federal law federal definition under a title um they're they're saying yeah you get sued but your insurance will cover that the insurance will cover protect the taxpayers money but if you defy a federal there are certain cases where it will not um and i i see that as the difference one one difference here i think those are things that we need to take in no we don't

097want to kowtow everybody says we're going to somebody says we're going to sue you but if you have you know entity after entity of experts telling you at least have a legal opinion and let your taxpayers know this may cost you millions and millions of dollars in court then they they know that they want it as a community and if they want it and then you know i don't know are you saying this legal opinion is going to cost us millions of dollars to get this no no no no he's saying like if we go against the federal mandate that's going to cost us that is there any crt being pushed into schools right now that we know of now we we teach the standards so if an individual says this is crt i haven't

098had anybody call me and say this specific thing i thought was bad or good or either way either one way or another that's me yeah i mean do we specifically teach critical race theory no well not in the standard well if you have a discussion like anything if you have open discussion you're going to run into questions back and forth and that's part of developing you know that's developing just the language between people you have to have that you have to know that that so no families know it's going to happen and you just have to know how to go home and talk about it amongst yourselves to know where you guys stand as a family too so you know it's just i just want to make sure they know where they're at now with

099their curriculum that we don't especially have this is what we have that's saying this versus what we don't have you know i think they need to know that but i i think the problem is is then when you our policy says they can discuss controversial issues i don't know how you have a class on the holocaust which we have without critical race theory coming up all right if you're not allowed to where's the line what are they allowed discussed what are they not allowed to discuss i don't know i'm just saying let an attorney tell us these are the parameters of this policy and you're i don't believe our holocaust class uh promotes genocide so i would hope it would not you know but you know but but say that you know you're from a

100german culture and then you know for you know over 60 years ago your german culture caused the holocaust and you you're a 10 year old kid that's in school and there's that you should feel bad about yourself we just push for two years straight of telling kids to be feel good about themselves and talk about their feelings and here we are going to go the opposite direction with it i mean we had that it was right here on top of the board that when doc mr knoll was here they were talking about what we're doing for kids is emotional state and here we are going to go backwards with this to to you know affect their emotional state as it is i think that's a problem talking about crt yeah i i don't think we're

101all that far apart i'm just saying no i don't know i think we that's what i'm saying we agree on something that might yeah i have less of a chance we are close you know about what i think what josh has there is sound stuff i just think that it needs tweaked i i know now i read it differently now that you know mr mason's read it the way he did it that makes more sense in some other spots where if we tweak it we can have a solid resolution that gives it where it shows that we're not going to go for you know being biased against people and that's what they want us to see they want us to teach things inappropriately teach our kids the great moral values and how to take care

102of people and that's what it should be about i just hope after review and tweaks it doesn't come out to be a hundred percent different than what it was originally and you're allowed to stand up for that too you know that's part of what you know we'll try to make it right i mean there's i mean there's lots of things that you know i agree with what's on there with you that you wrote there josh and i'm not 100 about tweaking it i mean what you read sounds very sound but i think you know to what it is to legally make sure that we're not stepping on big people's toes that can come down here and you know push the muster around us but you know i we got to do what's right too at

103the same time so you can't always win every battle but you got to stand up for the battle you want the critics are on the uh updated non-discrimination policy combating race and sex and stereotyping um if we can get a legal opinion on that and we'll put it on the agenda again for discussion at the next meeting and then if we see that we may need to schedule a community meeting that can be scheduled yeah i would you know i'd see if we can get a community before we get a special session or another meeting then because that's going to get a better idea of what they want to do i think we need to focus and really try to get that done here okay you know so moving on into copic procedures um i

104think that's fair we get it we get an idea what legal says we can and can't do and then we have a workshop and then help everyone to explain it i think it's a great idea yep okay covert procedures um is there a motion to accept the following covert procedures as outlined in exhibit j21 is there any discussion um turn this over to dr mike um i presented to you um this is something that schools worked on together we did tweak ours a little bit each district's going to be a little bit different on this but this is what we came up with for safe return to school you know uh you know i guess we'll point out to you we are saying that masks are optional we're not requiring mass that's up to the

105parent um i think our state's been very clear on that and right now the federal government is not telling us that you have to wear masks except on the bus we are mandated by the federal government from we did get legal counsel i've been in a couple briefings on this we are the cdc does have the authority to mandate they have mandated masks on the bus and my recommendation in here to you is that we follow that mandate for masks on the bus the rest of it we're just we're doing as much or all of the disinfecting we did before which i think will do that forever that's good practice in any case washing your hands yeah like washing your hands forevermore this generation and beyond will know how to wash their hands if there's

106one thing you know my dad had taught me that when i was a kid those things but um and we're not saying you know it's all up to the parent whether kid gets a vaccine or not that's up to the parent the only other piece it's sort of briefly touched on in here they did mention in the briefing that this the health department does have the authority to quarantine kids um we you know they have that authority we're not going to exercise that authority if they say this kid is quarantined we we have an obligation we have a we have to follow that um then there's the chart that i gave you that the health department who reports the ohio health department we fall under star county uh has given us um that's pretty much

107um okay can we go through this uh section by section you know dr mike had asked us uh on this safe return to school policy or paper guideline whatever you want to call it what our input was i did share mine with him i don't know if you heard from the other board members i saw that you'd send out my recommended changes on it to everybody um i that's what you wanted me to do correct oh i just gave gave it to you because you asked us what what we wanted but no that's fine that you sent it out to them i didn't know what what everybody else's thoughts were versus mine i i didn't really delve into my reasoning behind that but i didn't know if you wanted to go through this item by

108item but some of the things that i crossed out i i felt they were very divisive it seemed to pit people that have gotten a vaccine against people that don't or people that wear masks against people that prefer not to uh other language such as mls marlington local schools will be strongly recommending i don't think our school district should be making any recommendations on this if if we're referring to cdc or the health depart ohio department of health or stark county health department we should put they strongly recommend that i don't think as a district it's our place to recommend or not something that we have very limited scientific knowledge of um and just a lot of this stuff you know some some of it's you know like i said i i don't i don't

109think it's right that we're being mandated to require masks on the buses i also question uh as you said before we can there can be lawsuits there can be lawsuits can there also be lawsuits for requiring kids that have masks on uh if a kid has a you know reaction to their mask as my daughter does she breaks out all around her face where the mask is touching her i mean is that a possible lawsuit that we could face by telling people i have to wear masks so again the difference is we would be covered before we would be covered for that so if if we defy the mandate on the bus we're not covered none of you individually me i'm not covered they're telling me i'll lose my license and the bus drivers are

110not covered they will they're saying they'll lose their their ability to drive a bus and today's the first day i heard they said there could be criminal charges filed so where did you see it because the only thing i could find on penalties for for the mask mandates on the buses was uh anyone who doesn't wear a mask on the bus is subject to a civil fine that that's all i could find i'm just telling you and your your board council did respond to this your matt markling um responded and he basically says um you know in all his legal that we have to follow the mandate um which state was that the board which one this was are you pulling it up in your email august 12 2021 at 153 i forwarded this to

111all of you it's in red the board may be liable for injury death or lost the person or property caused by the neglect operation of any motor vehicle by their employees when the employees are engaged within the scope of their employment and authority then he lists the revised code there are cases where the neglect operation of any motor vehicle has been defined broader than simply the act of driving while there are additional defenses available to the board these defenses will probably not apply if the board chooses to disregard the bus mandate without bringing legal action against the cdc so what he told me is you would have to sue the cdc um and then i asked him if if i could be held liable he said yes personally and then today in in what i

112heard from the zoom thing is the attorney said she said this is the first she heard there's no religious exemption and that criminal i mean she said all of this let's see i sent that to you but she said she said did she say why there's no more religious exemption for that that kind of makes no sense she said that she's so she said now remember lawyers interpret and they give and she said this group of lawyers feels there is no religious exemption for this the conveyance owner is the board of education and the superintendent the conveyance operator is the bus driver criminal and civil penalties could apply and then she they did you know they also said they could take our federal there's also no general exemption for people with asthma yeah so let

113me pose this one all right it's raining it's been raining a lot in august here we all see that so when the kids are out there mask was totally soaked can't wear another mask it doesn't have another one book bag's totally soaked bus driver comes up what do they do pick them up use common sense use common sense there's a difference between defying a federal mandate and using common sense i think if you stand up and say i'm gonna die on this hill you're likely that somebody's gonna come after you but if you use common sense but then when i have a mandate common sense do you understand i'm trying to get out there's a mandate that says you can't get on this bus because you don't have your mask on but we're going to

114use our common sense well we give them so why is that we don't necessarily have to defy the mandate uh i mean as as a board or the school district versus you know it's not a question of whether we defy it it's whether we enforce it that's the way i look at it okay you have the legal opinion here yeah i'm not one for taking rights away from people sorry i'm just neither am i but once again you're taking federal money so well how much federal money do we get from the federal government do we does everyone know how much that exactly is i guess paddy for a breakthrough and a half last week roughly two and a half million two and a half months yes plus yes or funds and the sr that was

115recent just as i'm just saying like food services um just point out in this conversation there are other school districts that aren't mandating masks on the bus there's a school district it's blanchester school district in ohio last year during the mass mandate from the state government they lifted their mass policy in the school building went the rest of the school year until dwine lifted the mandate as far as i can tell nobody sued them there hasn't been any action taken against them and the reasoning the reason i believe that is because i searched all over the internet couldn't find a single thing the only thing i did find is that this year their back to school policy is no masks are required in the school or on buses it's personal choice and speaking of common

116sense i think all of us have enough common sense to know when we need to put a mask on and children i mean yeah parents parents yeah just as any other medical determination that would that should go to the parents to make that decision so we have a neighboring district that made a lot of noise we're going to defy this was a lawsuit filed against them who we have a neighboring district i haven't heard of a lawsuit filed against anybody there could be that could be there well i know another school it's not i know another school as of yesterday that was not where in mass so on the bus on the bus that's northwest northwest yeah they didn't mandate they didn't mandate i would be very careful with what you say because people already

117i haven't i have the text message from it i actually have a paper from the school website they were at the meeting this morning and they didn't say no then that's their board's decision to say how they want to go about it and just to clarify for everybody if you're against mandating masks doesn't mean you're against masks correct and it means people have the right to put on a mask they're not you don't have to tell them to this is kind of this yeah well how about this everyone has to fill out their forms to start school why don't we send a flyer to the home and have them sign where they want or not why is it will legal address that legal people will tell you waivers are completely useless how is that how

118is that legal if your community is telling you the teachers in the school you ask the teachers how they want to do it you ask bus drivers how they want to do it and you stand out and i just i just to me it floors me just the messenger well and i'm telling you what i'm talking about i think it needs to happen if you're the messenger well i'm telling you what the message is we need to send some out to these people and see what they want to do we we don't have time there it's not up to them the federal government has made this mandate like they make other federal mandates and we have to and i'm just explaining to you if we don't follow that mandate there could be this or other

119consequence i'm just the messenger if you want to defy the mandate you'll have to write to me and say we are defying but i would be very careful to say another school district is defying this mandate and it's on their website that's things like that i think could get you in a lot of trouble can we text it to you right now what the paper says i i don't i'm just i'm just i mean i okay and everything in the paper is true no no not the paper it was their policy paper from the school that the parents got that's what i'm trying to get at yeah i'd like to i would like to look at it okay you gotta be careful what you say dr mike do we uh we've reached out to the

120elementary parents so we know what the consensus is for elementary since they are not eligible for vaccines um so we we haven't reached out uh to the elementary parents uh you mean about masks on buses no massive mess in the classroom no we i think we kind of said we would leave that up to the parent okay so um i mean parent choices kind of goes both ways i just wondered with the the elementary whether the majority preferred mass or didn't prefer i don't know and some i mean you can't really you don't really know i can tell you i've got a lot less emails like last time i got strong emails on either side a lot of them i got i think i got one on either side of this issue um the board

121has to prove the policy i i would have had it out to you weeks ago once the board approves the policy up yeah that's what we're working on right now um i'd like to point out too that there is an ohio house bill um your carolyn you were asking about the grade schools house bill 244 which passed uh goes into effect month after next i believe in october and there's two parts to that one part is it mandated that schools k-12 and colleges were not allowed to require people to have a vaccine to apply to college however a lot of colleges are still doing it since the admission process is open right now and it'll be ended before it goes into effect uh second part of that is um you can't once that goes into

122effect you can't differentiate based off of vaccine status who does and does not have to wear a mask so if you're not vaccinated or if you are vaccinated let's say we have a policy that says you're vaccinated you don't have to wear a mask but you're unvaccinated you do that law would make that that illegal to do so that's just one consideration and you know any policies when it comes to masking that we have to realize and i don't know if that applies to uh you know what is it kids through 12 years old who can't get a vaccine because it's not available [Music] why someone call me well my daughter's calling me um yeah so i don't know how that directly applies if you wanted to say we're gonna require masks just you know

123for grade schoolers uh and not everybody i don't know if that that law would allow you to do that or not so oh just mr mish yeah this is dated july 31st they've long changed this and well that was just two days ago when they started school so i mean i know this is the first date of july i know that first as of yesterday's two days ago at school they were still not doing a mandate well that i don't know but i do know we had we have because i asked about that date too i did i was concerned about the date and when i asked the person and again i you the board needs to let me know what you want me to what you want to do on this policy and i'll

124follow that i'm more than willing to tell you i mean i have to follow whatever you well it's but i would be i would be derelict in my duty if i didn't pass along to you what was said and highlight what was said by your legal counsel well i would just put it this way how about we don't have a you know policy we we don't have a policy per se but it's up to the public to follow the cdc's mandate but the mandate says it's up to us the operator and the owner of the vehicle but can't we state that our policy is to follow cdc mandate well that's what we'd say it's actually marlins and local schools will follow whereas we're saying why don't we change it to cdc says to follow these

125mandates you just you don't want a marlin to pulse so you just want to have i don't know give me just give me what you want me to say that one more time how do you want with no more linkedin policy but just like i said i sent out my version of everything and i'm fine not not crossing all those things out but you know for one i don't think marlington should be recommending masks under the section for vaccinations it you know says they are a vital part to keep everybody safe but the vaccines aren't approved so i don't know who we are once again to be promoting a vaccine that hasn't even been approved by the fda yet um not our place i would remove that entirely um is it which one is that

126vaccinations part one vaccinations are a vital part of helping to keep staff students in the community as a whole safe all students and staff are strongly encouraged to receive the vaccine you have to give me what you want in writing and i'm just telling carol she's the one that by law has to tell me this is what the board decided or patty yeah and then but it has to be signed by the board well also also under that section it points out that vaccines are free i think it would be pertinent and that's fine at rite aid walmart walgreens it's fine to put that information out there i would also add on to that that there are a lot of pharmacies that have free coveted testing as well let me see here yeah i just

127don't like a lot of the policies in general you know and this is more with the health department i know we have no control over it the but the statement vaccinated and non-vaccinated students who consistently wear masks will be less likely to miss school or extracurricular activities due to quarantine and that that's there because their process correct if you're wearing a mask and and someone was diagnosed with coronavirus that according to the health department if you were wearing a mask you don't have to quarantine but if you were not you have to quarantine for 10 days is that correct um there's a whole protocol i'd have to go back and look at well things are going to change i believe on a fairly regular basis i think we should instead of getting into details maybe

128just leave it that we'll follow ohio health department's protocols and because that is very fluid and who knows what it's going to be tomorrow that's valid the other one here that i put in here under who to contact it's got the multiple different cases then it has if your child is quarantined due to exposure to a family member contact your child's building to let them know my question is why does it matter who they were exposed i mean why in particular a family member what if there was a friend they were exposed to i don't know who came up with that one but the health department i mean we can take that i mean you know what i'm saying though it's kind of like yeah so if you're exposed to your friend that has kova

129don't tell the school but if it's your family member we need to know right no no this doesn't make any sense yeah well i think there's lots of things on this thing that doesn't make sense anyway the whole you know there's lots of things that just need to be adjusted yeah well just let me know so do you need like an answer from the board tonight whenever no whenever you get it to me i'll get it out to the public you guys need to know it right yeah we're we can have well we kind of need to get uh something together tonight because what if every board member has a different idea and then we'll have to call a meeting then to come up with if we make a specific to marlington and the cdc

130or the ohio health department changes the rules we're going to have to have another meeting to change our policy so it says these are up here it says and at the bottom it says it it's subject to any changes this plan will be promptly communicated and we reserve the right to amend this plan at any time well i guess the parents are that concerned about it too they can also just drive their kids to school well that's just me but if they can maybe some parents can if they're worried about this oh i understand that but i'm just saying we're just you have to do what's best for your family that's what we all have to do you know and if you tell your kid you know whatever and it is what it is so

131i mean like i said the bus driver is going to make his best decision if he's a you know kindergarten case he doesn't wear his mask you think the bus driver is going to tell him to get off the bus i mean that's what it comes down to what's what's what are we going what's the logical thing we're going to do but if you're saying that that we have no right to say that we can stand up and say no mask or whatever because we have to follow these federal guidelines then i guess we're stuck if that's what it is unless you know i it's just hard because no one you know if you're allowed if you have to wear a mask on the bus but you're in the stands at the at the high

132school or anywhere else you're right beside each other with no math if you're wrestling if you're allowed at the end of your wrestling match you just got done hopping on top of doing everything and every position you know the man to pin the guy and you can't even shake his hand at the very end so that this the health department that question was asked and what they said was when you're on a bus you can't get up and move away from a person that's obviously coughing out of control or uh but on a on a cafeteria and a gymnasium i'm just giving the answers that the health department gave me they're not helping us much here doctor well all you need to do is you need to decide as a board this is the policy

133that i recommended i shaved it down significantly you have alliances where i made significant differences let me know what you want to get what you want to pass and if you want legal advice on that as well and i will i will get it out to the parents should we go down to item by item and are we deciding tonight or well i think dr mason's right i think the cameras you know we're gonna do i think we need to i agree with that whatever happens and we can do some simple ones like remove mario to local schools within cdc department or whatever in there i also don't like the idea that you know like i said about the vaccinations that we we don't need to communicate that that that's not our place let's take

134it out take out which whole section vaccinations let's get rid of it well i don't think there's a problem having this the the item that just lets people know they're available there's no problem with that it's not it's not it's not pushing it one way or the other or making a recommendation it's just letting people know they're available the first paragraph moved and removed under vaccination and i would like i would like added to the portion where it says that they're available at those locations because that's good information for people to know i think it should also put in there that as well as uh covid19 tests because a lot of places are uh offering those free as well this can all change too i mean just think about this thing whatever's going on good

135turns rampant there's gotta be no no one's going to be in the school so under masking protocol is that going to stay as it is written masking protocol will stay as written well i would put i would put due to um quarantine uh procedures ode quarantine procedures on that one due to where that way they know why that the the statements there that this is going to make it you know less likely but it doesn't explain why and people are going to get you know like why did you do that i think she's the masking protocol is that where all the masking oh okay sorry i thought you were down here already what was that asking under masking any changes there just say the get rid of the first part and say the ohio department

136of health and scratch out mls will be strongly recommending masks for all students and staff do you want mls struck out of every part right no just a bachelor just on that side of that section everything before [Music] ohio department of health and it's the ohio department of health making a recommendation okay sir and the busing let's get back to that one let's go through the right and come back there because on the second line um at this time mls will not be mandating mass do you want mls removed no no no you're okay with that physical distancing you're okay with vaccinations we're removing paragraph one and adding to paragraph two um a note about free covid tests quarantine protocol are we okay that mls will follow the ohio department of house quarantine protocol to

137be enforced by stark county health we're good with that that's i think i don't think there's an issue there i do think that second part of that either needs removed or it needs to have added the reasoning why that is more likely and what did you say the rhythm would do to the ohio health departments quarantining procedures because according to them i believe it's if you're wearing a mask and you were near somebody that tested positive that actually depends on the type of mask you wear too i mean some masks are more so i would get rid of that whole section yeah that backstage down i would just get rid of it okay so what are we doing in or out on that one take it out take that take it off the second paragraph

138will be removed thank you maintaining safe environment that's okay yeah who to contact are we okay there the only one on there i would like i said i would just change that third one from if your child is quarantined due to exposure to a family member uh it should just say dude exposure to anybody i mean i don't know how they do exposure what just exposure due to exposure to contact your building yes just due to exposure the comma and then or if your child is quarantined for whatever reason right at all yeah if your child's quarantined contact your child's building building visitors um we aren't going to strongly recommend that they were masked in the buildings i'd building the building at the time i just don't want people to feel i don't want this

139turning into uh people that prefer mass versus not prefer them then people turn it into a political thing turn into crt you never know we're in a mask strongly recommended so until until i think until we're saying everybody has to wear a mask we shouldn't make a recommendation at all now you could just take that out that we're removing that that last year it is strongly recommended that all visitors all right and like i said that can change building the building they can post something at the door i think i'm gonna reread this whole thing and make sure i've got rain all right all right let's start all over see what we got okay okay so then i need one more all right let's just okay so let's start the top learning format will remain

140the same masking protocol we are going to remove the first line through the word the the second line we're going to remove mls and that well yeah the ohio department of health it would be strongly recommend so yeah just strong we take out mls will be so it will say recommends not recommending the ohio department of health will be strongly recommending mass i would just strongly recommend will take out mls will be and just change recommend or recommend bring the paper down here okay the high department of health will strongly recommend not well for all sales okay number two at this time mls will not be mandating mass for students and staff and then the public transportation that's the we're going to come back to that or we're going to leave yeah well let's confirm

141everything else okay physical distancing will remain the same vaccinations remove the full first paragraph are you okay patty you've got it okay second paragraph um add um add the covered 19 tests i said it's all on youtube people are watching quarantine protocol first paragraph will remain the same the second paragraph is completely deleted is that correct uh maintaining safe environment that entire paragraph will remain the same due to contract everything will be the same except on the third bullet point cross off to a family member building visitors cross off the last line of the first paragraph it says it is strongly recommended that all visitors wear masks in the buildings cross that sentence off so that still brings us back to the bus i think we should follow the federal mandate i agree with that

142and i concur i think i think that's the wise thing to do which could be subject to change how about that it can be well the whole thing is subject to change right the whole thing because we can disagree personally but right we have to do and we're gonna have to make yeah we're gonna i think we have to do what is best for the school district we all have our different opinions oh it has to go but we have to make sure the families know what it is and if it costs stuff it costs it's just we have to deal with safe what it comes down to is your kids safety is what's matters and you get to choose at home how you decide what but safety's first what has to come to school

143that's why we have officers in the school you know we brought those in there that do their job so we need to do our job to protect your guys kids too so i guess and everyone has a different opinion but that's we have to make it come together and make it work for each other to make this district the community work so it is what it is okay so um i'm going to ask for an emotion to amend the original motion for all the changes we've made to the document second is there any discussion on the amended motion um yeah i'd just like to say that cdc kind of stepped in it on this one i don't know why they would put school busing in the same category as public transportation if they were serious

144about the masks and the safety they would treat that as a separate item and give it different consideration than sarta you know what josh that makes sense it should be separate i think you're right and and back when i first got on the board when they when the let me see what was it the when the legislature in ohio passed the budget and they changed the funding formula for vouchers which expanded the voucher program um there was a resolution passed condemning them basically for you know having an even more dysfunctional system than before and i'd like to at you know our next meeting you know do the same with the cdc even though they're not going to hear it i'd like to do that because i think this is ridiculous everybody knows when they you

145know want to put their mask on these these are medical devices that you know people should be choosing for themselves thank you please call the roll on the amended motion on the amendment mrs gabriel yes mr hagan no mrs humphries yes dr mason yes mr mish yes proof 4-1 motion on the floor is the original motion to accept the following covert procedures as outlined in exhibit j21 as amended with the various uh corrections that we made to the document is there any discussion on the motion as amended please call the rule mrs gabriel yes mr hagen no mrs humphries yes dr mason yes mr mish yes proof one treasures agenda could i have a point of order i'm sorry before um we moved to the treasurer's agenda so when i'm wrong i am i own

146it the superintendent at minerva just texted you know everybody watches our board meetings northeast so i guess there's nothing to do on a beautiful summer night they're not as hot as we are yeah because it's five dollars it's hot in here he said they have not that is the resolution on the table but the board has not officially voted on and passed that resolution i was i heard from pretty high up personnel minerva that it was so what are they doing as far as well it's just a quick test i like okay i'm at a board meeting so call i'll call in and i'll let you know what are they doing sorry all right doctor me treasurer's agenda dr maine first item on the treasurer's agenda is to approve the the minutes from the august

14719th board meeting actually oh i'm sorry july 29th excuse me is there a mission to prove uh the treasures recommendation for the following meetings as presented which is july 29 2021 special meeting so moved second is there any discussion i'd just make a like to make a recommendation going forward if we could perhaps have just a summary of the board discussion included with the minutes i think that would be beneficial to have part of a written document any other discussion please call the role mrs gaber yes mr reagan yes mrs humphries abstain dr mason yes mr mish yes approved for and what abstain [Music] the next item on the agenda is the financial reports as always there are three reports here the first one is the summary sheet of the cash reconciliation showing that we

148balanced for the month the second one is the check pay text register of our checks for the month and the third one is our um cash balances so our motion to prove the treasurer's recommendation for the financial reports and overview of receipts and expenditures for the period ending july 31st 2021 as shown in exhibits k 21 l 21 and m 21. so move second any discussion dr main could you um give a brief overview of each of the documents yes the check pay there are really no specific checks to highlight unless you have questions the last one is a financial report of our balances again i always like to look at the second column and compare it to the fourth column month to date receipts versus expenditures and then we have the month to date

149i'm sorry year to date receipts versus the year-to-date expenditures in the third and fifth column is there a discussion please call the rule mrs gabric yes mr hagan yes mrs humphries yes dr mason abstain mr mish yes four to one approved the next item is a revenue and um appropriations revision the only revision that we have for this month is to add our esser thr uh sr3 money funds that is if you look at the first one in the one labeled revisions 8 19 21 and then the appropriations if you look at that one on the second page the second column is the same amount is there a motion to prove the treasurer's recommendation to approve the amended revenue and appropriations as presented in exhibits n 21 and 0 21. so moved second is there

150any discussion and the question i had was under the revisions for the uh 3.9 million it's listed as esser slash sr2 i do believe that is the sr3 money is that correct correct it's um i can add that it's the 507 fund so we just okay we can add that thank you it doesn't change the amounts of the report it was just a description on that [Music] are there any other questions or discussion please call the role this is gabriel yes mr hagen yes mrs humphries yes dr mason yes mr mish yes approved 5-0 the next one is anytime we change any amounts for strs we have to follow their guidance and complete a resolution and form to send to them we're just basically a aligning those contributions to our contracts that we've signed for

151this year it's our motion to prove the treasurer's recommendation for the resolution to authorize the employer pickup of employee contributions for the state teachers retirement system as presented in exhibits p 21 and q 21. so moved second are there is there any discussion was that josh um is this i mean for renee she would be new we hadn't been paying the employer pickup for just the curriculum director before i think we paid it for the superintendent or assistant superintendent slash curriculum director so that would be new for this position just as curriculum director and then with special services is that also a new addition to the contract so that would be basically a raise in that contract correct and i believe i sent out a comparison you requested of the cost and it's going to

152be it's just that cost straight across their contract that you put into the two percent i believe is what it was um two percent correct anything we paid to them yes please call the roll mrs gabric mr hagen yes mrs humphries yes dr mason yes mr mish yes approved 5-0 the next item on the agenda is capital improvements fund which is r070 that is our building improvement that we have going on i it was requested that i provide to you where we're at for the calendar year so if you look at the second column it shows it shows what has been receded in it shows some additional expenditures for lexington and washington as we've approved at the prior board meetings and then it also shows at the bottom those encumbrances will be our principle and

153interest for those payments in december and june um then also we see the elect washington electrical change order and the other ones are basically some asbestos removal and other minor items so we just put it all in one i think the discussion was to look at putting extra making an extra payment to pay down the principal and to save on some of the interest it has been i think i sent this out to all of you it's been recommended that we possibly wait until next meeting until we're closer to the close of the project so we have a better idea if there are any other additional expenses at the weekly meeting that you have had recently with plugsmart was there any other discussion on additional costs or is it looking like it's running close to

154budget dr mike i'm sorry say that again on your plexsmart meeting uh was there any discussion on the costs as far as where we are are we under budget over budget are you expecting additional costs we didn't we didn't say that specifically but he didn't say we were expecting it you know that we weren't we're expecting additional costs he did make the comment just so you know that plugsmart has incurred some costs because with covid prices went up and there's some things you couldn't get but he didn't say one way or another that's usually on them though it is it should be right that's the last meeting that's on that is on that yeah and then the one question i had on this report um you had encumbered the uh principal interest for june 2022

155is wouldn't we be getting another nexus payment prior to having to make that payment um correct we at this time we haven't gotten our final settlement we should know next month what's coming in from plugsmart ourselves yes thank you so again okay so we should know by the next meeting the amount that we could make as an additional principal payment and then you would portion back the amount that we need for december correct okay and on the pi um on the pi report i had one question on that um i thought that was a 500 000 payment that we received on the pi fund and it's listed at 6 25. it's the nexus money that you're getting into the pi you're leaving it mpi or is that also getting transferred to the capital project fund

156it is not it's transfer or it comes in through pi rather than the general fund right but do you leave it in pi or you move it to nexus at this point it's being left in there so the additional nexus money is being left in pi for pi yes i believe the resolution had moved from 001 to so the resolution is just for general fund money to move over so we are actually getting additional nexus money that's being used in the pi fund then correct it hasn't been used yet but we do have some in there yes [Music] thank you oh you don't need any action on any of this is that correct i did not um like i said i'll have a lot more more information for you next time okay are there any

157further questions on the capital projects fund in the improvement the last item is the audit discussion the auditor of state of ohio has completed our audit for the year in that is has been sent to you the auditor's opinion is that all of the facts are and financial documents were presented fairly and in other words those there's no significant changes or or etc findings if you on page 84 of the audit report it shows a summary of the auditor's results it was unmodified means that there were no internal control financial statement level material weaknesses there were no significant deficiencies the third line shows there were no non-compliance at the financial statement level there were no federal internal control weaknesses shown um again significant deficiencies were not there for the federal program so in other words

158um the opinion is non unmodified meaning that we did pretty good the findings the audit report is available online and if i can just say real quickly i want to thank all the staff in the treasurer's office because they worked really hard throughout the year as well as working really hard to get this stuff together for them so i appreciate their hard work so based on that information so does that we qualify for a clean audit then is that what that means yes um did we get any certifications or anything because of that because i know in the past we've been able to have really good audits where we would get certificates are they going to be able to do that with this audit i'll find out if they'll send us that okay great thank

159you are there any questions on the audit personnel okay i'm back up sub rates um i've asked you if we would raise some of our sub rates are certified we were the lowest in the county at 75 a day we'll still be the lowest in the county at 85 a day but we won't be alone we were alone at the 75. our our people really deserve that um bus drivers we raised what like a raise to 14 an hour it's very hard to get drivers and especially subs and then the same with custodians it's really difficult to get sub-custodians and then we end up paying a ton of overtime so i think the 1050 will balance out we base these on what alliance and west branch and those right around us we're paying alliance pays

160more for subs than any school city school district is going to do that so these are the um the rates that i'd like you to prove is there a motion to prove the superintendent's recommendation for the following sub rate of pay as presented so move second any discussion mike a few before you got here we had discussed with mrs sickles about having permanent sub bus drivers has that gone anywhere like have one or two that are full time basically but they're not because we need a sub so often and we need extra drivers so often that that's the first i heard of it but we could try to do that that was a suggestion a couple years ago when we first started struggling i know i know all school districts are having especially for it

161would be a flexible position it would have to be that yeah do some of the extracurricular things sure yeah it's like if we could find someone often you know mrs sickles will jump in the bus and right the mechanics will jump in a bus and if i had the cdl they'd probably make me jump in a bus so um yeah but that's a good idea so several of your uh administrators have yeah dan's can jump in about two okay please call the roll mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approved 5-0 uh two three four and five are all retirements or resignations if you're okay with the i believe you call it a consent agenda all voting if that's okay in one motion so we have classified

162retirement joyce sen and we have certified resignation jessie groff jesse's a teacher at our high school classified i'm sorry joyce is a retirement classified resignation um let's see we have denise welch bert joseph and emily winter unclassified resignations and then supplemental aj minister was going to coach for us this fall and he is not able and that's common to have that happen so those are our retirements and resignations is there a motion to prove the superintendent's recommendation for the classified retirement as presented certified resignation as presented classified resignation as presented and supplemental resignation as presented so moved second any discussion please call the role mrs gabriel yes mr hagen yes mrs humphries yes dr mason yes mr mish yes proof 5-0 6-10 are all highers if we could do those together that would be great

163certified staff hires we have denise wright who will be our high school science and college credit plus science teacher classified staff hires kristin uh kamara la tampa will be a bus driver vicki navarra is our new payroll lori yost has said she will come 40 dollars per hour up to 10 days to help train vicki in payroll richard nelson custodian margaret collins athletic secretary and christina irwin cook supplementals i'm not going to read all of those you have the person what they're doing for us supplemental and then as they're as recorded on the step schedule you have that there so those are all of our people that do the supplementals they give a lot of time for those um and then as you know each this year we'll have each building we'll have a permanent

164sub much like what dr mason was talking about with driver that last year we had more of these because it was the covered year and i have the names there christy banks christine mori maria dipold carrie lane and jacob rayfus will be our permanent subs and then you have our tutors so our federal funds have come in so we knew more about tutors we have our returning amy whitten soldier deborah truax jordan kirk laura ray chelsea miller jennifer maylie brenda kamala which is 0.5 and then new as a tutor you'll recognize some of these names joe welker courtney halter alyssa hattery alexis kries and isaac rufflin and you have their if they're a title tutor or if we're using s or funds for those particular tutors is your motion to prove the superintendent's recommendation for

165a certified staff hire as presented classified staff hires as presented supplemental staff higher and correction as presented permanent sub hires as presented and tutor hires as presented so move second any discussion please call the role mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approve 5-0 uh number 11 there are reduction in force recalls we're glad to be able to recall those people bus aides and teacher assistants i don't think i need to read that whole list is there a mission to recall the superintendent's recommendation for the following employees to fill the district openings for the 21-22 school year pending verification of satisfactory credentials and bci fbi checks as required and as presented so moved second any discussion please call the rule ms gabric yes mr hagan yes mrs

166humphries yes dr mason yes mr mitch yes approved five uh then have summer help as i mentioned before we would have a few of these trickle in um you know because summer's a flexible time and people go on vacation so these are the folks jennifer blake diane mitchell margaret wallace and eric seiters who stepped in to do summer help they're all on a time sheet there's no step it's just whatever they get per hour is there a motion is there a mission to hire the superintendent's recommendation for the following summer personnel as presented so moved second any discussion please call the rule mrs gabriel yes mr hagen yes mrs humphries yes dr mason yes mr mish yes approve 5-0 and then the last one there i have two administrators and we had discussed we would

167probably need some days for them over the summer and again the former assistant superintendent had days to use so i have for the dan swisher and renee kaley the day's there for summer is their mission for the superintendent's recommendation for the following administrators extended summer days dan swisher nine days and renee kaylee 16 and a half days so moved second any discussion please call the role mrs gabriel yes mr hagan yes mrs humphries yes dr mason yes mr mish yes proof 5-0 we've got all the personnel that's it okay executive session is there a motion for the marlington local school district board of education to recess into executive session pursuant to revised code 121.22 g1 to consider the employment evaluation of a public employee enterprise code 121.22 g5 to consider matters required by federal law

168or regulations or state disasters to be kept confidential all matters to discuss in this executive session are designated to the public officials and employees as confidential pursuant to revised code 102.03 b because of the status of the proceedings and or circumstances under which the information will be received and preserving its confidentiality is necessary to the proper conduct of government business following executive session no action is expected through motion so moved second any discussion please call mrs gaber yes mr hagan yes mrs humphries yes dr mason yes mr mish yes approve 5-0 [Music] i've got some extra copies of those policies and that recommendation letter if anybody wants to take one [Music] oh session at 9 43 the next board meeting will be september 16th the starting time will be 6 30 p.m and i'd just

169like to make a comment on this maybe at some point in the near future we might consider alternating schools and letting our community get out and see our other buildings but for the next meeting i recommend it just be here and is there a motion to adjourn just quickly could i say we won't be able to live stream we're correct then it would make it much harder to live stream but it's but we can do whatever you can't live stream at any of the other buildings is that what you're seeing it requires a lot of preparation and set up for each individual location okay well it's good to know that has already been done yeah okay thank you is there a motion to adjourn second and discussion please call the role mrs gaber yes mr

170hagen yes mrs humphrey yes dr mason yes mr mitch yes proof dr mason make that second you