December 9, 2025 - Regular Board Meeting

001Sorry. It is 7:13. Please rise for the pledge of >> allegiance. One nation under Godice. >> All right. On to item two, five principles of the Cruiser PLC. We have a special guest joining us tonight to do the the five principles of Cruiser PLC, Mr. CJ Huffman. Uh yeah, my name is CJ Huffman. Um Mike was kind enough to ask me and give me the opportunity to come in and speak to you guys for just a couple seconds about my experience with PLC as a teacher. Um we've implemented it this year and I had the pleasure of going to the PLC conference in Tucson, being a part of the uh coalition that's kind of helping to implement and talk about some of the things that we're doing in PLC. Uh, and and I got to

002say coming into it as a teacher, I I wasn't sure if it was going to be, you know, I've been in the district for about 13 years, so I wasn't sure if it was going to be just kind of the next thing with the hoops that we had to jump through. And uh, the thing that I've kind of seen from PLC is that that really isn't the case. When I went to the conference, um, it really seems like a process that allows teachers to take control and use data effectively, but across the district. So, I've really felt like uh as a fifth grade teacher at Glen Denning Elementary, I've never had a better opportunity or more opportunities to feel like a team with all the fifth grade teachers across the district. And we really have

003kind of come together. Uh we look at our data, we create uh assessments based on what the students need. And I think that these five principles uh really kind of speak to the the what the process truly is. And it's more than just a few five principles. It really is what we're doing. And and I'd be lying if I said that it was easy because it's not. Uh it's been incredibly difficult. A lot of work has gone into it and uh I'm really excited to see what the process uh goes out before us, how how it unfolds because I I think the results are going to be really great when we get it down. It's our first year of imple implementation, but uh I think it's going really well. And so if you guys wouldn't

004mind. Now there there's some there's a hot debate over how you're supposed to count with what fingers. So, you know, I know Mike has his preferences. So, I'm sorry, Paul. Maybe for consistency sake sake, I'm gonna start with the thumb. Uh, but we'll go ahead and and say those. It's uh that we focus on learning, we collaborate, we take responsibility, we ask what are the results, and we decide what to do next. So, thank you guys for listening to me yammer on for a couple minutes and appreciate. All right, on to roll call, please. Mrs. Walsh >> here, M. Gray >> here, Mr. Bower >> here, Mrs. Dberger >> here, >> and Mr. Kushner >> here. Right on to review a belief statement of boards, please. We believe all cruisers are valuable. We will unconditionally

005serve, support, and inspire. Therefore, every cruiser will maximize their unique purpose, potential, and power to produce the results they want. As leaders of the district, we will always strive to one, support the mission and vision of the district. Two, be prepared, informed, and ready for meetings. Three, respect one another as elected representatives of the community. Be open-minded, and recognize one another's strengths, the value of diverse perspectives, and mutual commitment to the mission and vision of the district. Four, allow members to complete their thoughts and statements before others comment. Allow members to be heard. Listen to all perspectives with an open mind. Five, stay focused on the task at hand and respectfully re redirect each other when needed. Six, maintain confidentiality and communicate per board policies. Ensure trust and transparency in all dealings. And seven, after

006a vote is cast, leave meetings united as one voice no matter the outcome. >> All right, thank you so much. On to item B, agenda approval. >> Second. second. >> I have Mrs. Gray as first, Mrs. Dotoberger as second. I believe that we have some uh comments and additions. Whoever would like to start first, Mrs. Walsh or Mr. Kersner. >> Was there anything else for discussion for the adoption of the meeting agenda? >> Yes, I would like to strike the resolutions for censure. I was not giving given a heads up on that. The only board document that I got did not have that on it. Additionally, I'm represented by council. So, if a central censure resolution was being brought, uh, council should have been made aware of that. And I'm certain they were not because

007they did not contact me. I request a public hearing. Uh, where I can be represented by my attorney. Currently, my attorney is conflicted out because Seth, you filed a lawsuit and uh without board approval and stating that I wasn't invited to a meeting that I attended when I was in fact invited through email. So, until that is settled, uh my attorney is conflicted from directly uh representing me to this board. They he must represent me according to him uh through Oregon law. So, we don't have a forum set up here to allow me uh to respond properly uh to this uh censure. So, uh I would please ask that it be postponed until my attorney can be here. >> Any discussion? >> Yep. I need a second. Um, >> I second his motion. I second

008his motion. >> Okay. >> But I'd also like to discuss his motion. >> So, I too would like that sensor removed. Um, first off, I just received the board packet today. So, I haven't had the 48 hours with this board packet that I'm required to have. So, that's a problem. Um, I agree with everything Mr. person said with the attorneys being conflicted out. Um not to mention the fact that uh there are multiple violations in the um process to have the investigation was never lawfully authorized by the board. Um the uh it was a misuse of the ACACA ACB harassment policy. Um The agenda process here looks more like an ambush than it does um there's a long-standing practice that a draft agenda is circulated internally to the board members before the final public agenda

009is posted on the internal draft. Um there was it did not appear on that draft. It only appeared later and here it is right now. So it does not satisfy the basic fairness of our process. I would add that um we had an executive session which I vehemently opposed and with which Kathy um refused to attend and in that you know I requested that if any further action be taken that I be given an opportunity for a public hearing with my representation to be there. And I will point out that I think this board is extremely confused between a public official and an elected official. And the fact that you all think that you can go back and discuss elected officials and disciplining them in executive session and reviewing the that entire process uh just

010points to how I think you how off base you are. I'm an elected official, not a public official. when the law that you call um references going into executive session for a public official that would be Mr. Grub for instance or Mr. Collier that would not be a fellow board member. So, I think the entire basis of this is quicksand and um I would love to see us go into 2026 without um spending another million dollars a year on on legal actions, which it appears we may be headed down a road uh where we're just going to continue in combat in court. And I I certainly don't want that. So, I did try to hold a special uh meeting regarding this and I didn't get your uh availability, Mr. Kersner. Mrs. Walsh was unavailable. We

011were unable to have the meeting. Um, but I'd also like to Mr. Ask Mr. Group when when was the agenda sent out and uh via mail and via email, please. >> It was published last Thursday afternoon and hard copies were prepared and mailed Thursday afternoon. I appreciate that. Kathy said she got hers yes what today? >> I haven't got it at all. This is what they just handed me. >> Okay. Well, >> it was mailed on Thursday. Um it was not >> and it don't always have in our office mail, Mr. Group, superintendent group. >> The reason it is mailed to you is per your directive that hand delivery to your house as we were doing before wasn't satisfactory. You said we were told that we had to do it by US mail and that

012meets the criteria, which is what we've been doing since that time. >> Do we have interd district mail? >> Yes, we do. >> So, no, I don't think we ever had a resolution or a vote saying it had to be mailed. It seems like inner district >> that was per your request, Mrs. Walsh. >> My request was that I just get it delivered to my home. >> No, ma'am. You didn't say that. I'm sorry, M. Walsh. You did not. You stated that you wish to have it mailed to your home. You pointed the Ohio revised code where it talked about and I think it's a old statute from 75 before we got to a board doc situation that you would prefer that it would be mailed to your house. We were sending people and couriering

013it. So, we were taking someone from the district to drop it off at your house. Um, we've done it multiple ways, but the last thing you said is mailed. And I'll try to find that board um, doc meeting minutes where that was done about a year or so ago, which was the preference for you and Mr. Kersner. Um, I did want to make a comment in regards to the statement that was made that that it appears that the port agenda was circulated. It was not prior. Um, only thing happened was that it was sent out to us like it always is. So no one you know inner workings behind the scenes or the conspiracy that others may think has happened has not. >> I wasn't intimating any type of conspiracy. I didn't get it. I

014know the mail can be somewhat inconsistent. And typically that I have this right here. It's not a big deal. We're talking about a taking an action against a public official who is represented by council. You are represented by counsel. Um, so in that case, this goes beyond, oh, I sent something in the mail Thursday. Uh, attorneys are often not available on four days notice. And, um, notice definitely should have been provided to my council. Um, there's no excuse for not doing that. Um, that that's the bottom line. And and not only that, that was pretty much committed to me when we met last on this subject that I would have the opportunity for public hearing and I could be represented. and I just don't have that. So, um, that's the biggest issue that I have

015here. It's whether or not I I don't believe there's any intention not to get me this notification, but I didn't get it. And, um, that's >> Well, thank you for acknowledging that, Mr. Christian, that it was not intentional. I do appreciate that. >> I would also like to, um, interject that if this I have over 90 questions that I will be asking regarding this censure um, for that relate to Mr. Kersner and myself. So you could wait and answer those questions and I can get them to you or we could do it during the board meeting tonight. That's up to you. But I am I agreement with Mr. Kersner that this needs to be removed so that we have the opportunity to um discuss this and get answers to the questions that we have regarding

016this. >> We've tried multiple times propers. >> I look forward to the vote. I I will have to say I disagree. We've tried and I saw the communication that has went out to us for availability. Um I believe Mr. uh Bower stated that it was there. So I don't know if we can call the question. Uh Mr. President. >> All right. On to roll call, please. >> And and the the the first the motion I'm doing right now is is John's motion to remove the centers. >> That is correct. >> To remove both centers. >> Yes. It's F. It's item F4 and five if I'm not mistaken. >> Okay. Let me let me that F4 and five. >> Yes, I believe that is the case, Mr. Treasure. >> Yeah. Okay. >> Yeah. Um Vication approves

017to remove Mr. and Kurtster and Mrs. Walsh the censures and then I have a whole bunch of other writing, but that's the basis of the of the motion. >> Mrs. Walsh. >> I. >> Mrs. Gray. >> No. >> Mr. Bower, >> no. >> Mrs. Dutterburgger, >> no. >> And Mr. Kushner, >> I. >> All right. Motion fails. >> I would like to request a 20minut recess to give myself time to print out documents in preparation for this, please. >> Do I have a second? >> Second. >> On to roll call, please. >> I'm sorry. I got I have to add another motion. 20 minute recess. >> Mr. Kersner asked for 20 minute recess. He was the first and squash the second. >> Can I have a discussion first on this? >> Yeah. >> Can we

018wait till we have the agenda approved first? >> Yeah, I that would be great. >> So then are you making a I second your motion, Libby, to postpone or to that we would go on recess once the agenda is approved. I second your motion, Libby. >> Thank you. Okay, hold on. Let's go ahead and do this. All right, we have another motion that >> point of order. What is the motion? And are you president Vice President Dber changing Mr. Perser's motion? >> I did not, ma'am. What was stated was Miss Walsh. I mean, >> I couldn't follow what you were saying. >> Oh, no problem. I'll repeat it for you. Miss Grace stated she asked if we could go to recess after we approve the agenda. And I just said I second her motion. That's

019it. It was not to change Mr. person's motion >> and that was a first by Libby and a second by the toy. Correct. >> Right. And then John's motion was uh first and Miss Walsh was second for the 20-minute recessor. >> Okay. So let's take the motion first that John did. >> Yes. So this motion is John asked for 20 minute recess. Okay. >> Correct. Mrs. Walsh. >> Hi. >> Mrs. Gray. >> No. >> Mr. Bower. >> No. Mrs. Dber. >> No. >> And Mr. Kushner. You all are actually refusing me time to prepare for this. >> No sir, we unbelievable. >> No, sir. Yes, >> Mr. Kersner, you're not listening. We made another motion that we would do your 20-minute recess request after the agenda was approved. Thank you, sir. >> I think he

020just said 20 minute recess. Did you not say that before? >> Yeah, but we asked for it to be after the agenda was approved, sir. Thank you. We're trying to get the agenda approved. Then the motion is recessed. >> My mistake. Thank you. All good. >> It's all right. >> Okay. >> All right. Motion fails. On to the next motion, please. >> Okay. >> Next motion is that we'll wait to adoption of the meeting and then go into a 20minut recess. >> Correct. >> And that was first by Libby and second by Latoya. >> Yes. >> Okay. All right. Mrs. Walsh. >> I. >> Mrs. Gray. >> Hi, >> Mr. Ber. Hi. >> Mr. Mrs. Dawberger. >> Hi. >> And Mr. Kelner. >> Hi. Thank you. Okay. >> Motion passes. on to any other discussion

021regarding the agenda. >> Yes, I would like to have the evaluation of the treasurer removed from the agenda. Um then before we vote on tonight, uh there was a procedural concern into the records. I want to enter that into the records. First, I did not receive the mailed agenda packet and supporting material which are normally delivered several days in advance. Policy BCD DC requires the agenda and its supporting materials be distributed to the board members at least 48 hours prior to the meeting to allow for careful consideration. That did not occur. Second, on December um 3, the board president um notified us only that we would discuss the evaluation process for the treasurer and superintendent. Nothing in that communication suggested evaluations were already underway and we've carried out tonight. Third, uh, last night at 7:59

022p.m., the board president sent 17 documents labeled as evaluation material for use tomorrow night. I opened those material that the um, email this morning. Given their volume and significance, there's no way to meaningfully review them on the day of the meeting. Fourth, the treasurer's email indicates that the president and vice president individually requested evaluation material. Policy BBAA, board member authority is clear. Individual board members have no authority over district affairs outside of a legal meeting. A member may not act on the board's um behalf of the board only when the board has delegated authority. They only act on when we have um delegated the authority by vote. There has been no board vote authorizing the solicitation of evaluation documents or the initiation of this evaluation process. Policy BCB also does not grant the president independent

023authority to begin evaluations or direct administrators. The president's authority is limited to presiding over meetings, calling meetings, and signing board approved actions. This means the material being presented tonight were obtained without board authorization and through a procedurally improper process. Fifth, our evaluation process requires a structured criteriabased approach. AFBA treasurer and AFB/CBA superintendent all require job descriptions, aligned criteria, written evaluations, and proper consultation. None of those steps have occurred. and properly the incoming board importantly I'm sorry importantly the incoming board will assume responsibility for leadership oversight in just a few weeks and any evaluation conducted now can be re revisited and redone by the new board. There is no need to move forward with a process that has not followed required procedures or met policy standards. For these reasons and to preserve the integrity of the

024evaluation process, I cannot support approving an agenda that includes evaluation items tonight. Finally, although I have not seen the official agenda packet, I haven't been able to look through it as they just handed that to me. I want to be prepared in the event that Well, I'm going to bypass that. Never mind. So, I uh make a motion to remove the um treasures evaluation items from tonight's agenda due to the lack of timely agenda material and lack of board authorization to initiate the evaluation process and the failure to comply with policy B, DDC, AFBA, AFB, BCC, and CBA. Do I have a second? >> Uh I we you have another >> No, that was that was her. Was that your >> second to remove? Yeah. >> Yeah, that's her her motion. Is that your motion?

025>> I will second that. All right. And then um my short promise you short brief discussion on this two items. One is when we were doing the uh superintendent's uh last uh raise consideration um one of the um motions that I made which was voted down was that we would do the superintendent evaluation in October that was to avoid these last minute things that we're so good at. Secondly, the um treasurer's last um review was February. So, this just appears to me to be a lame duck whitewashing session uh to try to cover up things that should wait until next year when we're complete with some of our investigations that we're in the midst of. Thank you. >> Go ahead. Um first of all um the comments that have been made um the evaluation process

026is a two two meeting process. Uh the first one which would be tonight is one where the superintendent and the treasurer bring their responses to their prior evaluation with how they reached their goals. And that was one of the documents that was sent to us in the email so that we would have electronic copies of it. Um the second meeting is and we we disc they discuss their results with us. The second meeting is when we actually do the evaluation. >> So implying that it is and this is how it's been done since I've been on the board for 12 years. So it's not a one nine evaluation. It's a two meeting evaluation. And my personal feeling is it's not proper to have new board members evaluate the prior year superintendent when they have not

027been a part of the board at that time. So that's why it's important that the board does their evaluation now before the end of our terms. I I would say uh I would say it is not normal to do two superintendent two two evaluations the superintendent and the treasurer both in in one night you do their review the next time you do the board input that should be a much longer process whether you've done it that way for 12 years or not and also to your point other boards uh etc would have invited in the two newly elected um officials to be part of this process uh so that they could be um part of the learning curve and they may also have uh additional feedback knowledge uh perspectives that would add to the process.

028Thank you. >> So if we could start back with the evaluation process um I want to point out um in the delivery there is where you can receive a copy of things via mail, telegram overnight and things. However, it's not the only way to access the board packet. Um, and if the board packet wasn't received by the normal time, I know I didn't receive a phone call or an email stating that the board packet wasn't received. And as an elected official that we like to grow throw around here to a certain degree, it would be your job to then follow up to say, "Hey, I don't have it. Where is it at?" So to come to the meeting and constantly say year after year, over and over and over again that, "Oh, I didn't get

029it. Oh, I didn't get it. But if a kid doesn't have their homework at school, we say, "Hey, why didn't you say something? Why didn't you ask for something?" Same things applies to us as elected officials at the board. Regarding the evaluation process, um I solely concur with Miss Gray. I'm not sure about how we would have incorporated newly um coming in board members since they're not sworn in yet. So, I would have to say, you know, that's something that we wanted to do and that was an interest of this of members of the board. I don't know if anyone reached out to the board president to coordinate that effort if that's the case for versus to appear tonight at this board meeting to imply as if we intentionally did not want to because that

030is not the narrative that is uh we have um we've all reached out individually and and welcome them. So it's not that we don't want to work with them but also as the supervisors are the direct reports to us as a board. it would be a disservice for us as a collective to do our evaluation. And Mr. Group from what I have did not have his evaluation this February. That would have been last February if I'm not if I'm looking correctly. And you are correct, Mr. Kersner, about the October um process. However, we had some other things that came up around that time which even if we would have had it scheduled, we would have had to move to handle other issues that we've been handling in executive session which you are aware of as

031well. So, I do understand that part, but we had other things that were priority in my opinion that we were handling at that time and it would not have allowed for us to have done the evaluation. Um, I know there are a lot of policies that were listed. I hopefully we can have those in the board meeting minutes and you guys can head over to board docs and click on those and open those up and also scroll down and then click on the Ohio vice portions to truly understand what the law says to depict the policy. But it is our job to ensure that we rate and evaluate our treasure, our superintendent with this current board because this is the board that set those goals. This is the board that should be the one that

032evaluates that. So, I do appreciate my colleagues comments, but as M. Gray stated, this is not a one night event. It is a twoight event, and the board of the board president didn't just go out. It is his job to coordinate getting the information um for the board to then look at. If not, it's never been a group effort. It's the board president. That's why you have a president in order to get the information, to set the agenda, and those things to get things moving. And I don't this is not a debate but that is what I have. So thank you all so much. And I don't know if we can call the question at this time. Mr. Bower on roll call please. >> I have to re to that for sure. >> I'm sorry.

033Was there was there a Did someone move to call the question? >> Yes. >> Okay. And so what are we doing? >> We're going to roll call. >> So after all these years, you don't even know how call the question works. >> Oh jeez. It's a motion and it requires a second. >> I second. >> All right. >> It's a roll call, please. >> Yep. >> I seconded the calling of the question. >> Yep. >> Sorry, >> we're not done yet. and we're going on an hour. >> No agenda approved. >> Okay. >> All right. So, the the motion we're going to go on now is the um motion to remove the treasur evaluation from executive session tonight. >> I thought he was making a motion to call the question. >> No, right now the

034motion is to call the question to stop conversation. >> Okay. Sorry. Let me go to that one. I gota move back around. Okay. So, the motion now is to call the question first by the way, second by me. So, okay. Mrs. Walsh, >> no. >> Mrs. Gray, >> hi. >> Mr. Bower, >> hi. >> Mrs. Dbury, >> hi. >> And Mr. Kersner, >> no. >> All right. Motion passes. >> No. That takes a twoth3 vote. Mr. >> Again, you have the audacity to suggest that you're going to you're you're going to censure me and you don't know how to even run a meeting. There's a reason that essent that call the question requires a twoth3 vote and that's so that it does doesn't become a tool for you to bully us and silence us. >>

035That motion did not pass. >> Calm down, Mr. H. >> It failed. >> I'm not upset. I'm not upset. I'm simply articulating >> very clearly. >> Mrs. Dober, did you have a comment? >> I did. I think that um at this point um we are not necessarily being productive and I would like to redirect our board back to what we're here for, which is our students and our families. Um I understand that certain people don't like certain things. I don't think anyone on the board is intentionally trying to bully, but I will say that those are the words that going to be used. We need to also look at our staff and the perception that they have of this board. And so, um the statement you used, Mr. person about bullying. I would I would

036not use that uh in that way as there's there's definitely uh times that staff have may have felt that. So, I think we need to as a board just reconvene, take a deep breath and get back to where we are. And I really would ask that we've all made the same comments. And what happens is one person will say something and I'm not being funny when I say this, but you John or Kathy, you guys didn't want to go back and forth to have the last word. No one's trying to silence you. We've all spoke once. So, is there something else new to add or is it just to reiterate your point? >> Yeah, the point is I wasn't calling an individual bully. I was saying that the reason that requires a twothird vote is

037so that you don't have a bully pulpit so that three people can't silence the other two. It's there for a purpose. And the other thing is, and I and I don't mean this disrespectfully, but if you're going to censure someone and you've been president for a year, you should you should know what you're doing. And I knew when I was in that position what I was doing and I knew that it wasn't just call the question and then off you go to vote and that one person could just silence the five. So I think that's an important thing. Neither one of you knew that. Okay. And then here you come to censure me and you talk about not being prepared for meetings and and you you can see that I'm usually pretty darn prepared for

038meetings. There are times I don't get packets, but I work and I make notes and I try to give constructive input. So obviously when we're in this process and you all fumble through Robert's rules like that, it's it feels pretty insulting to me that this is the same group that plans on censuring me. All right. So, we're getting off topic here. So, I'd like to make sure that we're on topic. So, if we have comments instead of just berating each other like we're doing right now. Let's get back to the discussion, please. >> Yes, the discussion. Um, Libby made a lot of statements and but she didn't sign any policies and they contradict our policy tremendously. We have to follow policy. Uh Latoya made a comment that I did send an email saying I had

039not received the board packet. I didn't receive it. I sent an email. >> I said I was >> as far as our students are concerned, >> we are here. >> Yes. Because we care about our students and we want to do right by our students. That's why we follow the policies. We ask our staff to follow the policies that are put in place. We ask the rules. The policies are our rules to follow. We ask our students to follow the rules. And when you sit here, you think it's funny. >> Is it funny, Miss Gray? >> I I mean, I'm telling you, we have to the policy. Yes, we have a policy on how the whole evaluation process is going to take place. And you can't just say, well, we've always done it this way

040or we want to do it that way. That's not how it works. to dump 17 documents on a board member the day before the day of the meeting actually and say you need to be prepared and you need to be able to do what we are here to do. That's that's disrespectful. It's not appropriate and it should never happen and you know putting up with it for years. Thank God that'll end. And I appreciate Latoya's comments about I should have reached out, but I actually looked at a simple agenda for December and thought, "Oh, finally we have a simple agenda that won't keep us here all night." And forgive my ignorance and being so naive as to not reach out and say, "Oh, please dump a bunch more on me." >> All right. Well, it

041is 7:47 and we still haven't adopted our agenda. So is there any more discussion that we need to have on this topic? >> Well, we need to vote on removing. >> So the next So the next motion is to remove the treasures evaluation from executive session. Is has everyone done has everyone spoken their >> superintendent? No. >> Well, I was told that all there was going to be was the uh treasur's evaluation, not a superintendent because the superintendent was going out of town. I received documents for an evaluation for this treasurer. So if you're now saying there's more documents that I'm going to be given in I don't know when that's okay we can always redo these evaluations after after the beginning of the year that's fine if I >> that's fine just go ahead

042>> if I could I just wanted to at least read the part well since we want to site the policy and you are correct miss uh Miss uh Walsh no I don't I did not cite any policy as I was looking at the other items but I did pull up the policy that you mentioned which is ASB specifically for the superintendent and it doesn't state anything specifically about um I guess saying that we had to do something specific as you mentioned but we can read it um just so for the record if you could add this Mr. I treasure I don't know if we can add this as a link but it is the policy evaluation AFB but the big thing that sticks out to me is the board evaluates the abilities and services of

043the superintendent at least once a year and so that is what we need to do outside of that any coordination and things that is not necessarily defined in that policy which I've pulled up here. So I'm using the same policy that you are um it's based off the job description those same things and we can read that but that is available in our um board docs for and then the one for the treasurer she mentioned is AFBA. So if we could either link those Mr. Treasure into the meeting minutes that way if the public would like to read it for themselves they can do so. Thank you. >> Okay. So we're doing now we're motioning that to remove the treasures evolution from executive session. That's what we're voting on now. Okay. Mrs. Walsh >> I.

044>> Mrs. Gray? >> No. >> Mr. Bower, >> no. Mrs. Dberger, >> no. >> And Mr. Kersner, >> I motion fails. >> Any other discussion on the meeting agenda? a motion to remove the superintendent's evaluation since I've now been informed that that's also going to be on the agenda. >> Yeah, got an email about that, too. All right. Uh second. Do I have a second on this on this uh Miss Walsh's motion? Second. On to discussion. >> Same discussion. I'm not going to repeat it. >> I will add that we have an investigation that has not been closed out to my knowledge. uh unless it was closed out somehow behind closed doors that would affect uh these evaluations and uh I don't understand uh how in the world we could proceed until we conclude uh

045the investigations. >> If I can make a comment um we are not concluding tonight. We're just at least giving the presentation. So if that is a stipulation um for the colleagues our board that is something we can discuss at that time. However, tonight it was just to review what has been completed for this year. So, I just want to make that clear. >> Would you restate that, please? Are you saying we will be >> I said, as Miss Gray had pointed out, it was a two, we've always had a two-step process um with our superintendent and treasury evaluations. The first meeting is where the superintendent and the treasurer presents the data, the outcomes of the goals in which we're set and defined. also updating us on, you know, state report card and those things more

046in depth from their role aligned with their uh job description and the other things outlined in policy AFB. And then we come back at the second meeting to then go through the evaluation. We all take it home. We have time to go through it um dissect what they've stated in addition to the documentation that was provided and then render a evaluation um conclusion at that time. So tonight it's just for their presentation and I hear what you're saying, but we're not necessarily rendering a final evaluation. We're allowing them the opportunity to present what they've accomplished this year, which I will say our our students and our teachers and administrators have done an amazing job despite of what has happened up here once a month. So I think it is fair that we do that and

047it's our job of this board to hear them. I understand what you said. It has nothing to do with my objection of an ongoing investigation, but thank you for that. >> We got any other discussion? >> Okay, roll call. >> So, this motion is to remove the superintendent's valuation for executive session. >> Yes, I >> Walsh. >> Hi, Mrs. Gray. Hi, >> Mr. Bower. >> No. Did you you >> Mr. Bower? >> No. >> Am I allowed to do that? >> I answered it the wrong way. I said correct my vote to no. >> The motion is to remove the superintendent evaluations from executive session. Okay. So, you know, she said the wrong thing. I can redo it. >> Okay. So, we're going back. We're redoing the motion to remove the superintendent evaluation from executive

048session. Mrs. Walsh, >> I believe. Point of order. This is procedurally wrong according to Robert's order. We have taken the vote. The vote need to continue. Then you can ask to recall the vote. >> Can you come to the podium? I'm sorry. >> I I believe you were you had not finished going through the roll call vote. Is that right? And there was a question about what the what the motion was. >> No, there was not a question about what the motion was. You asked the question from the audience what the motion was. Nobody up here on the panel. >> I was asked a question that I answered. >> Ask her if I was able to. I answered it incorrectly. Can I change my vote? If there is a if the if the vote is

049not complete, you can clarify what the motion is, but you have to you have to go back through the entire roll call. >> Thank you very much. >> Yeah. >> Okay. So, the motion again is to remove the students evaluation from the executive session. It was first by Kathy, second by John. >> Mrs. Walsh. >> Hi. >> Mrs. Grant, >> no. >> Mr. B, >> no. >> Mr. Mrs. Dober, >> no. >> And Mr. Kerson, hi. >> All right. Motion pales. Back to adoption of meeting agenda. Do we have anything else to discuss? >> Oh, I would also ask that the um policies be removed. We were um I make a motion that we remove the um policies second read from the agenda. >> I do I have a second. >> All right. Uh Mrs.

050Walsh is first, Mr. Kushner is second. On to discussion. >> Is that to remove all the policies, Miss Walsh? >> Yeah. Just I absolutely. >> Okay. Is there a reason why if I could ask since we have a discussion? >> Yeah. I didn't have a board packet and there's like a bunch of policies here to read. How am I supposed to do this? There are six policies. We were also I wasn't at the meeting, but I did listen to the meeting. >> I we did I did listen to the meeting and the superintendent said that he was going to be sending a document um for uh us to review. Um before Thanksgiving, there was no document sent, no changes. So, uh I I there's no way I can go through all of these changes. There

051was only at the November meeting only six of the 30 plus policies were discussed by the board and we have a responsibility to discuss all the policies. They were not all discussed. That's uh clear. Um m Mrs. Walsh, you had the policies almost a month before the previous meeting. We discussed we discussed any questions that were available. The board was going to respond to me by the end of business on Tuesday if there were any additional changes to the items that we addressed in there. There was also a question for me to check with OSBA, which I did. I followed up with OSBA's response. I also didn't receive any other feedback. So, the few changes that we made at the last board meeting were the policies that were revised and sent back out. >> Yep.

052So again I will state that you know policy BF requires careful and orderly process. I just received this packet that is different than the packet that we had um sent to us. It has different markings. The board did not discuss all these policies. 36 policies and we only discussed six of them. So that's my uh motion is to remove them. Thank you for your >> I read all 36 and the six comments that I had I brought them forward and so if you listen to the meeting then you would have had the notes to be able to go back to see if those changes have been made and they have been made and you know all I can keep stressing is if you would look at um board docs they're out there if you would

053receive your agendas by email you would have them um and using the you're able to do emails and everything else to us but yet you can't look at your own emails and you can't look at or work docs. So you obviously have internet access. So therefore you should be able to do everything that everybody else is doing but you try to make it so special for yourself uh that disrupts the whole process. When the board discusses only a fraction of the of a large update packet of policies while the majority of the policies receive no public deliberation. The intent of our policy BF is not being made at all. >> It's met. because we've looked at them and we don't have any questions. If we agree with the change, which a lot of them are

054just legal changes that were required by law to make the change, then there is no discussion. The law has dictated those changes. >> That's right. And I would also just add that um I'm not sure why we would not saying that we shouldn't, but just because we don't discuss every single policy, it does not mean that the board hasn't had um a conversation or review them or asked their questions to legal. We did have a discussion. We did discuss the policies um that we had in front of us. if you have more that you say we need to discuss in order to meet that policy. Are you prepared um to deliberate with what you have? But I know you're going to say you don't you didn't get them in time even though they're the same.

055And I would also yield that um to the to the public to understand that some of these policies we have to have them approved by a certain deadline. So, if anything, if we're going to not approve the approve some of the policies, I'm going to be putting a motion on the floor that we ensure uh vote on the ones that we have to by law. So, we're in compliance. >> Yeah, I would add that um the fact that we only questioned maybe six, I didn't keep score. Um didn't mean we weren't reviewing them. uh I had a lot of notes on the policies and um Libby went first and it happened that she had a lot of the same questions I had. So when it came to me uh I just had a handful. Um

056but I don't think that's an indication that um we weren't carefully reviewing the policies. A lot of them were word changes not controversial and um just required by statute. Thank you. Any other discussion? >> Okay. So, the motion I have the motion I have now is to remove all board policies from the agenda and it was first by Kathy and then seconded by John. >> That's correct. >> Okay. All right. All right. So, the board again the motion is to remove all board policies from the agenda. Mrs. Walsh. >> I Mrs. Gray. >> No. >> Mr. Bower? >> No. Mrs. Dberger? >> No. >> And Mr. Kersner? >> No. >> Motion fails. Anything else for discussion for agenda approval? None. On to roll call for the adoption of the meeting agenda. >> Okay. Um All

057right. Again, this is now the motion to approve the agenda. It was first by Libby and second by Latoya. >> That's correct. Mrs. Walsh. >> No. >> Mrs. Gray. >> I. >> Mr. Bower. >> I. Mrs. Dberger. >> I. >> And Mr. Kersner? >> No. Motion passes. Um, we now already voted on the 20 minute break. Correct. Correct. Yeah. >> All right. So, it is 8:01 and we are adjourned until 8:22. This is wash. It is 8:23. We have returned from uh recess on to item D, public participation. Okay. All meetings of the board and board appointed committees are open to the public for the board of education to fulfill its obligation to complete the approved agenda effectively and efficiently. A maximum of 30 minutes of public participation may be permitted at each regular board

058of education meeting. Those submitting a written request to address the board before the start of the meeting will be granted three minutes to present their remarks. Persons desiring more time should submit their request in writing to the board of education office or email public.go cruisers.org seven days prior to the scheduled meeting. When addressing the board, the speaker shall give their name, address, and any group affiliations they may represent. Each person wishing to address the board will be given a total of three minutes to present and conclude their presentation. No person will be permitted to speak twice on the same topic. Public participation is not a dialogue or discussion between the presenter and the board. It is an opportunity for you to present any ideas or concerns to the board in a public forum. The board

059will not de the board will not debate the merits of your position. We will respectfully listen to your presentation and we may ask clarifying questions. The board may refer you or your concern to the superintendent for follow-up if necessary. Please remember that state law prohibits discussing specific employees or their job performance at a public meeting. State law does allow for discussions by board members regarding employees in executive sessions of the board. Thank you. And we have two um public participations. Uh first up is um Elizabeth Simcox and Brian Bardwell. And please come to the podium. Hi there. My name is Brian Bardwell. Uh Miss Simco has asked me to speak on her behalf. Um we're here today uh to address the censors that have already taken up a lot of the board's time today. Um

060although this is my first time in Groveport. Um, I guess I should say that I've spent most of my career working on these types of issues, working on transparency, open records, uh, open meetings, first amendment rights. Um, and we have concerns that we want to make sure the board is aware of before it moves forward on this. And I think the board has already done a lot of uh, discussion on several of the violations that John uh, has already identified in the remarks. So, I don't want to spend a bunch of time on that, but I do want to emphasize that at this point, the board has hired an investigator without doing that in the open. The board had discussions of an investigation of board members who requested an open meeting. Um, it's done that

061in private and now it's planning apparently to discuss in executive session these centuries. Again, these are all things that the state law does not allow ex explicitly forbids the board from moving forward on in executive session. And if the board does move forward on these, it is opening up the board, the board members who are here today, and of course once they're out the door, they get to kick the can down the road to whoever comes in. But it's tying up the new board in litigation over these matters as well. Um, and so we want to encourage the board first of all to reconsider that position and consider giving the new board when it comes in time to address these matters, time to do them properly, time to do everything out in the open rather

062than tying up the new board. Um, more dangerous than that though is moving forward with these censures that are going to violate these board members first amendment rights. They are specifically tied to this investigative report. uh it accentures them for harassment that the investigative report says never happened in violation of any board policy and it that investigative report ties back to all sorts of protected speech that these board members have engaged in. If the board proceeds with that it is again tying up the board and again not just the new board but because this is a civil rights lawsuit it is tying up the individual members of the board who sit here today and are on the way out. It is committing them to years of civil rights litigation that is going to waste the

063time, money, energy, and resources of this district. Everybody here has heard the board talk time and time again about the first priority is the kids, the parents, the families of this district. There is no way for this new board coming in to focus on the kids, the parents, the families of this district if it's tied up relitigating, rehashing, revisiting >> these centuries. Thank you very much. There is no way for them to do that if it's tied up relitigating all these old matters. It can't focus on the kids, the families, the parents, if it's tied up uh with these internal conflicts. It can't focus on them if it's tied up in litigation. Next year's board has a serious opportunity to turn the page on the conflict that has been plaguing this board for years. We

064just want to urge this board, do not poison that well leading into 2026. Reject these resolutions and let the new board start fresh. Thank you. >> Okay, up next we have Zack Sweeney. Please come to the podium. Sorry. Forgive my slowness. I sprained my ankle a few days ago. Do I begin now? >> You can begin. >> Okay. Thank you. Um, I'm here as the parent of a student uh at Dunwell Elementary. Um, I had just come to discover that my child had skipped multiple days of school this year. Um, this was found out because my wife got off of work early and got home and found my child at home. Thankfully, there was no issue. Um, but the point stands that neither my wife nor I were notified by the school of any of

065these absences. We were not called, we were not emailed, we were not texted. We had no idea that our student was missing school. Now, I know that section 3321.141 of the revised code requires that uh parents or guardians of students need to be notified uh within 120 minutes of the start of the school day of an unexcused absence. uh and if it is done by an automated uh calling system, which um I do know that this district uses, that it needs to be confirmed that the call was placed and a voicemail at the least was left. Um this failure um I think calls into question the methods by which um these notifications are going out and being verified. It's a clear uh indication of the fact that it's not being verified that the calls are

066being made successfully. Um and I would further urge the board to consider um what its backup methods of communication are in the instance of a uh unexcused absence that especially if a call is not being made that uh instead of it being pushed to a secondary automated system like an email or a text that that get actual personal um attention to it and the uh parent or guardian be contacted that way. Uh the last thing that I'll bring up uh with regard to it is that I was informed that at the end of the day we were not contacted because my phone number which was listed for the automated dialing system I had somehow apparently uh opted out of contact which had I known what I was responding I definitely wouldn't have opted out of

067being contacted when my student was not at school and it calls into question whether or not a parent should even be able to opt out of that uh communication method given the um you know the severity of the issue at hand. Thank you. >> Could I ask the superintendent follow up with him please? >> Uh yes. I've actually spoken on Mr. Sweeney a couple times and I have some follow-up information for him as well. So, >> all right. Thank you. >> All right. On to item B. >> I have a question real quick. Um, we all received a request from the incoming new board member for a public participation statement. I assume the president or vice president would be reading that statement. Are you not Are we not going to read her statement that she

068sent to us? >> Was it emailed? It was an email from Ashley Zimmer and stating that she was sick and asking if it would um be willing to read it on her behalf. I can read it. Neither of you want to read it. >> Yeah. I mean, if you I guess that's not part of our policy, but I mean Go ahead. So, yes, Miss Ashley Simmer sent this to the board um this afternoon. Uh she wanted to be here, but she was jailed. Uh she said, "I'm speaking as a member of the public regarding the proposed resolution of censor against current board members. My primary concern is that I was unable to locate any meeting where this investigation was voted on and formally approved by the board. Without such approval, the foundation of these claims

069is questionable and the validity of the resolution itself is in serious doubt. If passed, this resolution could intimidate current and future board members, discourage open participation, and escalate conflict, ultimately undermining collaboration and effective oversight. Such actions do not serve the students or the community. They perpetrate division and erode trust. As a community, we need to shift the tone and work together towards what is best for our students rather than getting caught up in a division and or unproductive tactics. I urge the board to consider whether this resolution truly advances the interest of the students and the community or whether it risk fueling ongoing conflict. I would also like to point out that the agenda includes proposed dates for both the organizational meeting and the regular board meeting as well as election of a promp chairperson.

070I believe these decisions should involve input from the newly elected board members. It is inconsistent and disappointing. It is inconsiderate and disappointing that the board did not consult the newly elected members to ensure the dates and time would avoid unnecessary inconvenience. Thank you for your time and consideration. Um she did say that she's available on Tuesdays in this email that she sent to the board. Thank you. >> All right. On to recognitions and presentations. Well, good evening everyone. Um, for those of you in the audience tonight, you can see that being a board member can be a challenging and rewarding uh job. So, we have a couple board members uh who will be uh ending their time with Growport Madison and we're going to take a moment to recognize them. Uh the first one I

071have a resolution honoring Mr. Seth Bower. Whereas Mr. Seth Bower has served on the Growport Madison School Board of Education for four years and throughout his tenure on the board of education, Mr. Bower earned the utmost respect from fellow board members in the administration, teachers, and staff of Gport Madison local schools. And whereas Mr. Bower's contributions are an intellig are an intelligent, thoughtful, hard-working, kind, detail-oriented, dedicated, and generous person are unparalleled and will be greatly missed by his fellow board members and Growport Madison school district staff and students. Now, therefore, be it resolved that the board of education of Growport Madison schools does hereby formally recognize and express his heartfelt appreciation to Mr. Seth Bower for his significant contributions and distinguished service and be it further resolved that a copy of this resolution be entered

072permanently into the minutes of Roport Madison local schools board of education. Mr. Bir take a picture in a minute. >> Yep. >> Do you want to do this also >> and then we can bring everybody out? Y >> certainly a gift of appreciation. Thank you. You want to say anything? >> I'll just say a couple things. Um it's been an honor and a pleasure to serve uh our community here. Um as many of you know, I have three kids in the district. Um I'm not planning on going anywhere. So happy to serve on committees, happy to assist in other areas. Um but I do think my kids are uh very happy that I'm getting off the board and spending some more time with them. So looking forward to the additional time with the family but

073will miss uh my time on the board. So thank you everyone. >> Okay. Our second member to recognize is a resolution honoring Libby Gray. Whereas Mrs. Libby Gray has served the Girl Fort Madison local school board of education for 12 years. And I think board member years are kind of like dog years ears. So it's been a lot of service. Uh whereas through throughout her tenure on the board of education, Mrs. Gray earned the utmost respect from fellow board members and the administration teachers and staff of Growport Madison schools. And whereas Mrs. Grace contributions as an intelligent, thoughtful, hardworking, kind, detail-orded, dedicated, and generous person are unparalleled and will be greatly missed by our fellow board members and Growport Madison local school district staff and students. Now, therefore, be it resolved that the board of

074education of Growport Madison local school district does hereby formally recognize its ex and express its heartfelt appreciation to Mrs. Libby Gray for her significant contributions and distinguished service. And be it further resolved that a copy of this resolution be entered permanently into the minutes of the Growport Madison Local School District Board of Education. Would you like to say anything? >> Well, it's been 12 long years. Um, I have to say, um, this last six years have been very challenging. Um, but when I got on board, main reason why I got on the board was we were in financial crisis. um we were borrowing from our future and I am so proud of what was has been accomplished. Um our district is now financially secure until the state messes it up but but we're in really

075good shape and um that was one of my main goals with a finance background that was extremely important to me that we were able to get from having and I've said this in meetings before but I just love to reiterate it. We had $45,000 in our bank account when I started the board and had borrowed $5 million on our future. Now we are at 45 million. >> About 50 million. That's in 12 years. So, and that's with only having how many increases? One. >> You mean >> in the 12 years? >> Operating. >> Yeah. >> 12 years we had the uh Yeah. One. >> Yes. One. That's unheard of. So, our district should be very proud when we hear the public go on about how we're not physically responsible that we don't watch our money.

076We do. We would not have been able to accomplish that if we have not done that. So, I um Nancy, she was here from the beginning with me. Thank you for being here. I appreciate all the hard work that I just wish that Mary was here. Mary Ted Row >> was with the board for 25 years and um started out with her and she was great. So I really miss her. So but thank you guys. Um one couple words of wisdom for being on for 12 years to the new board members. Take time and listen. The first six months you're learning. The second thing board training is hugely important for new board members. that they have to learn that they don't get into the dayto-day. That's not our job. And that's one of the hardest

077things that a board member has to learn. So that's it. That's enough. Sir. All right. So, we need to comment. >> Yeah. Yeah. Yeah. So, I just wanted to thank you guys both for your uh service to the board of education. Um Libby started out with you um in 2020 in the middle of co uh we had a vacancy and was appointed and you definitely um provided a lot of insight especially on the finance side and not getting in the dayto-day and definitely preached the very same message that you shared tonight. Um but your duty, your dedication beyond the board um committees and being in the schools, we don't get paid for that. So, we're definitely here for a labor of love and I can say both of them have done just that, you know,

078where we made the priorities at least this particular board to have our students and work with our parents um that they did both of those things beyond what you see once a month or twice a month when we had to. So, thank you all for the tiresless nights um and the extra time taking off for work, showing up for our art administration and our teachers for um our convocation and graduation and taking time off to make sure that we loved on our our our school community. I really appreciate that as a parent here in the district as well. So, I personally just wanted to say that and I wish you all the best and I'll see you around. All right. Um, next we're moving on to board items. All right. Uh, first item is to

079approve the date and time of the organizational meeting. Um, okay. So, I'll read this and then um and we'll go from there. So, the Growport Madison Schools Board of Education is required to establish the date and time of the 2026 organizational meeting and elect a prom chairperson of the meeting. Uh, the suggested date is Tuesday, January 13th at 7 p.m. at the Grow Point Madison Schools District Service Center and to appoint I would like to make a motion to appoint Kathy Walsh as chairperson of the meeting. Uh the regular 2026 schoolboard meeting will begin at it's usually 7:30, right? >> Yes. Like a half hour, I think. It's normally a half hour, right? >> I think it's usually a half hour for the organizational >> Yeah. >> Okay. So then the uh regular 2026 schoolboard

080meeting would begin at 7:30 p.m. >> Can we reach out to the two board members to make sure that the time is good? >> Yes. And if they need to change it, then we can coordinate because I I don't think that was the intent to leave them off. It was to hear what we had first and then go to them. Is that my understanding? >> I think that's what we've done in the past. Um, so that Yeah, certainly was not the intent to, you know. >> Okay. >> Not include that. >> I figure I just wanted to make sure like you after this you were following up with them, correct? >> Yeah. Yeah. So I I can or it might be me or >> if Kathy if Kathy's going to be the chair, she can

081do that. >> Okay. Um so that's a recommended action. Um >> I Yep. I'll make the motion. >> Second. >> Any discussion? >> Yeah, I think m I guess we jumped the gun. excuse us for having discussion before the second. I think um I know I stated that wanted to make sure that we follow up with um the newly elected and that it would be the chairperson for the organizational meeting that can coordinate that if there's any changes and then we can work with administration to update the ORC meeting if that's okay. >> Yeah, I would say we could leave it at seven right now and then possibly have to change it for unless you have a problem with six. Didn't you say 6:30? >> I had said seven, but I'm I'm not gonna be

082there. So, whatever you guys want to do, >> I was just texting. >> In the past, we've done them at 6 o' >> 6 or 6:30. >> 6:30 and then start the meeting. >> So, we're changing to 6:30 for organization and seven for regular. >> Yeah. So, I'd like to >> do need to get a hold of both Ashley and make sure they can make the Is that to 6:30? >> So I changed it to 6:30 for the organizational and seven for the regular. >> Yeah, >> correct. And you got confirmation from who? >> Yeah, she'sing it right now. >> Okay. >> And Ashley said she's good for Tuesday. >> Yeah, >> she said she on Tuesday. And I reach I haven't been able to get a hold of Dion. I did reach out to

083her. >> Libby has that good Okay. And then Kathy, you'll reach out to Ashley then. >> Yeah, I've already talked. >> Okay. >> She said that. >> Yeah, she's good. >> Okay. >> So, both of them are good for Tuesday. Okay. All right. So, we have a first set and second by Latoya. 6:30 organizational organizational meeting 7 o'clock regular. And then Kathy Walsh will be the treasure or the pro prompath. >> Kathleen. Okay. Roll call. Um, Mrs. Walsh. >> Hi, >> Mrs. Gray. >> Hi, >> Mr. Bower. >> Hi, >> Mrs. Dutterburgger. >> Hi. >> And Mr. Kersel. >> Hi. >> Motion passes. All right. On to item two, membership in the legal assistance fund. All right. It is recommended that the Groport Madison Schools Board of Education join the Ohio School Boards Association legal

084assistance fund at a cost of $250. >> So move second. >> Mrs. Gray as first, Mrs. Datberger as second. Any discussion? Hearing none to roll call. Mrs. Walsh. >> Um I'm going to abstain because I don't have that document. Okay, Mrs. Gray. >> Hi, >> Mr. Bower. >> Hi. >> Mrs. Dberger, >> hi. >> And Mr. Kersner, >> hi. >> Motion passes. All right. On to board policy review. Second read. Uh, the board recommends approval of board policy. >> So move. >> Second. >> I have Mrs. Gray as first, Mr. Kersner as second. on to discussion. >> Yeah. All the um recommendations that were made um during the last meeting, I reviewed the policies and they have been updated. Thank you. >> That was the same thing. I was looking at the list just to

085make sure if there was anything that we absolutely wanted to pull. Um but a lot of these were are required. So is there any I don't >> do you know exactly which ones are required? >> I have the list here. So I'm going through that part if you have the you have the same note. There you go Kathy. So, I did have a question on which is it DG D. I'm sorry. Where is it? D LC. >> Can you say that one more time, Kathy? >> DLC. I just been trying to go through these real quick to see what what the changes are you put on here. But DLC is one where we're taking out the frequent blow alarms. Is there a reason we're doing that? It's um expense reimbursement. >> Could you restate um

086closed captioning instead or taking out frequent long arms? She's asking about DLC where um the the the law now has changed where we're taking out where it says the board prohibits employees and board members from accepting or using um talks about sprinkle flyer miles. The law changed on that. >> Are we required to take that out? >> Um I don't think we're required. No. Has that saved the district money having that? Have we do we use frequent flying miles? No. Right now the the like the superintendent secretary will make all the arrangements and stuff if people are traveling um through the through the the credit card of the of the school. What this is allows is people to use their own credit card to maybe get a discount, but then they get to keep the

087points. and the state legislator said the points, if I remember right, this was an issue a while ago. >> It's the ethics commission from August and there's a um frequent flyer mile um information sheet with advisory opinion that's available um that you could pull up. So I I do believe it's because it talks about the question was can public officials and employees use frequent fire miles or other rewards accured during official travel for their personal use? Um um then uh what was the brief answer? Yes, public officials employees can use frequent flyer miles credit card rewards hotel points and other awards earned during official business for their personal use provided that one these rewards are earned the same way as members of the public would earn them and two they do not impose additional costs

088to the public agency. However, a public official or employee is prohibited from choosing an airline vendor or service just to give rewards points for them. So that it was to allow us but there's the um and there's like you said there's a lot of policies I'd have to pull all the notes but to answer that one very specifically there it's based off the advisory opinion from the Ohio Ethics Commission which is annotated in the uh recommendation summary in that column and OEC stands for Ohio Ethics Commission. All right. Any other discussion? There was another question here um I had on policy DJ C which is bidding requirement. And we added the language for other applicable administrators. Could you define that more accurately for me? >> I'm sorry. What was the question? policy DJC and we're

089adding well we're adding 75,000 and annually 3% increase as outlined set of bill 168. We're also adding or other applicable administrators um to do the quoting and bidding. Um, so not just the business manager, but somebody else. I don't think I I don't think that's a good idea. I think we have our treasurer and our business manager. And >> I'm trying to remember >> explain that a little bit. >> I'm trying to think I think is some small districts don't have a business manager, so they put other applicable things in there if I remember right. A lot of small districts don't have business managers. And it's also dealing with the provisions of Senate Bill 168 that came uh that finally run around with the thresholds and things um in October 2024. So that's what the

090note we have when there um this is fitting under and then Senate Bill 168 believe made those uh changes. So this was to align with that from that piece. Well, yeah. I understand that the increase in the pricing was from the Senate bill, but the other applicable administrator is not from that. >> Oh, that's a Okay. I was just going over the Okay. So, your your question of concern uh you want to discuss is the other uh individuals, >> right? She's asking, I think, why are we at or other applicator? >> Correct. It says in the bottom the district's lacking a manage the superintendent normally acts in that capacity and also the green pieces were um not that I will want to just make sure we're clear. It's not something that our superintendent added. It's

091kind of it's what OSBA provided as a template and we um had the opportunity last board meeting if we wanted to do anything or changes. I mean we can have a discussion now as we are but I just want to make sure the public is up to speed on where we are with this particular policy since it's being brought back up. So you're saying the OSBA added that >> it's the template when they send over just kind of how um Nola used to um in the green they'll strike through the red on what needs what goes and then what was provided and that's what was provided to us the last meeting with the stipulation that we would come back to this meeting um and got any get any changes back to Mr. group um before

092this meeting to do the final vote on the second read. >> Okay. Thank you. And can I add one thing real quick? Um, Mr. um, treasure, can we make sure that the, um, the list that comes with the policy issue is also added to board docs because that was used as our reference. So, I think it would be imperative to have it also on board docs with the final vote if you don't mind, sir. Thank you. Right. Any other discussion? >> All right. On to roll call, please. >> Mr. Mr. Kersner. >> Hi, Mrs. Dberger. >> Hi, >> Mr. Bower. Hi, Miss Gray. >> Hi. >> And Mrs. Walsh. >> I'm going to since I didn't have this material. >> Okay. >> All right. Motion passes. All right. On to item four. The Groer Madison

093Schools Board of Education approves the central resolution for board member Kersner. >> So move. >> Thank you. >> Right on. I have Mrs. Gray is first, Mrs. Dberger is second. On to discussion. >> All right. Thank you. Um, as I've stated, I'm represented by council. The district is represented by council. Um the fact that um this board feels that it's appropriate to directly communicate with me uh and not communicate through my attorney is pretty egregious. I think that I think you would have learned in I learned in high school business law how that works. Um so the fact that we are where we are is pretty sad. Um I have with me a um work product from Freeman Matthews and Gary which is an initial response to the investigation. Um have you all seen this?

094>> No. Okay. I just printed it but you should have had this a long time ago as I believe it was um uh yeah as it was received by Kle Kegler Brown a long long time ago. So, um, I guess that kind of speaks to where we are. So, I will read the correspondence that should have been produced to this board a long, long time ago. The First Amendment surely promises an elected representative the right to speak freely on questions of government policy. But just as surely, it cannot be used as a weapon to silence other representatives seeking to do the same. The right to examine public characters and measure through free communication may be no less than the guardian of every other right. Madison report on Virginia resolution January 7, 1800 and 17 papers

095of Jane Madison 345 Dattern J. stag cross and s uh 1991 and the role that elected officials play in that process make it all the more imperative that they be allowed to freely represent them express themselves, excuse me. Republican Party of Minnesota versus White 536US76781122 uh 2002. additionally upheld by Houston um Community College versus Wilson uh in 2022. Relative to those charges against Mr. Kersner, the BOE policies are unconstitutional and there is legitimate concern that the BOE's superintendent and perhaps others have possibly engaged into and continue to possibly engage in in such improper weaponization. board policies at issue and their first amendment implications. According to the Groport Madison School Board, the BOE code of ethics, it is purportedly unethical for a member of the BOE to publicly criticize the superintendent and any district employee. Further,

096the BOE separate board superintendent relations policies require that all BOE members direct personal criticism of any employee directly to the superintendent. Additionally, the BOE's board members authority policy states because all powers of the board lie in the action as a group, individual members exercise their authority over district affairs only as they vote to take action as a legal meeting of the board. Emphasis added, however, these policies contravene applicable established and controlling law and do not withstand strict scrutinies. These policies are unconstitutionally chilling. They constitute unconstitutional prior restraints and the BOE cannot establish any compelling government interest to suggest otherwise. The BOE is a political subdivision of the state of Ohio and a governmental agency. Therefore, the BOE may not infringe upon those rights of free speech protected by the First Amendment to the Constitution of

097the United States. As the United States Supreme Court has stated, whatever differences may exist upon interpretation of the First Amendment, there is practically universal agreement that it was adopted in part to protect the free discussion of government affairs. Mills versus Alabama 384, US 214, 2186, 1434, 484, and 1996. The first amendment prohibits the implementation of laws, rules, and regulation abridging the freedom of speech. One obvious application of that rule is that a government entity like the BOE usually may not impose prior restraints on speech. I'm going to point out here that when I was elected and I approached the podium, I pointed out that you had a policy that said we will speak with one voice. And I also pointed out that I thought it was unconstitutional and unlawful that you made public speakers identify

098themselves and give their address. Um, so clearly I am a first amendment person and I feel that I'm serving on not a first amendment board. Page three. The first amendment protects the freedom to express disagreement with state action without fear of reprisal based on the expression McCertie versus Montgomery County 2001. Further, whatever differences may exist about interpretation of the First Amendment, there is practically universal agreement that it was adopted in part to protect free discussion of government affairs. Mills versus Alabama 1966. Mr. Kersner is an elected public official. As a member of the BOE, Mr. Kersner is an elected public official and various expressions of his speech at issue have been delivered in such capacity as importantly as their elected representative the public which places Mr. Ker in office has an absolute right to know

099his position all ma on all matters impacting the district and the BOE in this regard. The first amendment surely promises an elected representative like the defendant the right to speak freely on questions of government policy that is backed by multiply cited uh case law uh again Houston Community College versus Wilson uh to 2022. While an elected official may also be an employee of the state, as an elect elected holder of state office, his relationship with his employer differs from that of an ordinary state employee. Genevine versus Willing um fifth circuit 2007. Unlike a typical government employee, the public is obliged to inform itself on an elected official and as a pract practical manner, the public itself is the employer with the power to hire and fire. Under the fifth circuit analysis of Genevie, government regulators

100regulation of an elected official speech to his constitutional constit constituency, excuse me, must withstand strict scrutiny requiring such regulation to be narrowly tailored to address a compelling government interest. There is no support for the notion that just because someone is elected to a board of education, they forfeit their right to free speech. The the Supreme Court further outlined in Houston Community College versus Wilson 2022, "The First Amendment surely promises an elected representative the right to speak freely on questions of government policy, but just as surely it cannot be used as a weapon to silence other representatives seeking to do the same. It seems something got cut off here in printing. Um, so I'll read it as it as it sits here. Um, right to examine public character and measures through free communication may be no

101less than the guardian of the every other right. um that is shown in Madison's report on Virginia resolution January um 1800 in 17 papers of J J Madison's work the role that elected official play in the process make it all the more imperative that they be allowed to freely express themselves one identity as a elected official makes it all the more imperative that they be allowed to freely express themselves on matters of importance versus Monroe 2023 Wood versus Georgia um 1962. As an elected official, the manifest function of the First Amendment is in a representative government requires that legislators must be given the widest latitude to express views on issues of policy. Bond versus Floyd 1966. Further, when an elected official is speaking on matters of public concern, no authority can dictate the position she

102may take. She must be free. But the question then becomes free from what? I conclude that certain acts which surely would constitute coercion or retaliation in other contexts or permissible are permissible in the realm of electoral politics. An elected official may suffer all sorts of adverse consequences on the basis of her political position. This is not however because she is a public employee whose official speech may be dictated by her superiors. Rather, it is because she is an arena of democratic politics where we are expected and and indeed desire the individuals will clash and contend on the basis of their political ideas. Mr. Kersner is protected by the first amendment of the US constitution. He is permitted to freely express his opinion on governmental affairs just as he has done here. In fact, as an

103elected official, it is the of the utmost important, Mr. importance that Mr. Kersner be free to express his opinions on BOE business. This is precisely what the electorate determined he should do. Mr. Kushner is not a type of polit psychopant. The notion that he is barred always during his tenure as a BOE member from forever criticizing employees publicly is certainly at the least very very vague. Board policy BBF indicates that an individual board member has no authority to act or speak for the BOE. However, this restriction is impermissibly vague. It unlawfully fails to differentiate between those instances. A board member may speak in their individual capacity as a member of the public as distinguished from instances the BOE member may be speaking in their capacity as a board member as set forth by the third

104circuit. Many of the reasons for restrictions on employee speech clear appear to apply much le in much less force in the context of elected officials. Workheiser's speech as an elected official is not subject to prior review or approval. To use Garcetti's language, his speech is neither controlled nor created in the same way that an employer controls the speech of a typical public employee. And as the Supreme Court admonished, proper applications applications of its president lead to the conclusion that the first amendment does not prohibit managerial uh discipline based on an employes expression made pursuant to official responsibilities. Um ID 424126 citing 1951. But of course, there's no comparable analog to managerial discipline when discussing relationships between elected officials. And because elected officials uh to to a political body represent different constituencies, there would seem to

105be a far less concern that they speak with one voice. In fact, debate and diversity of opinion among elected officials are often touted as positives in the public sphere. C bond 385 US um citing 339 legislators have an obligation to take position on controversial political questions so their constituents can be fully informed by them also so constituents may be represented in government debates by the person they have elected to represent them Kaiser versus Pocono Township 780 um citing Bond versus Floyd 385 1116 136 uh 1966 emphasis added the investigator deter the investigator's determination that Mr. Kersner does not shed his responsibilities to uphold BOE code of ethics simply by stepping away from the BOE table and that as an elected official Mr. Kersner remains bound by the DOE's ethical obligation at all times or simply

106inaccurate statements of applicable law. Elected officials are absolutely permitted to speak as private citizens and the determination of whether that speech is one of a private citizen or elected official is one for the finder of fact. See Greenman versus City of Hackinack at 829. While we appreciate the investigator's role in this matter did not involve an analysis of whether BOE various policies can or do withstand constitutional scrutiny. It is evident that they do not. It is further evident Mr. Kersner's speech and conduct at issue, whether expressed in his individual or official capacity, are protected by the first amendment of the US Constitution and attempted censure, punishment, or other action taken by the board, the BOE, excuse me, likely constitutes first amendment retaliation. Finally, as set as set forth in Hackinack, the analysis of whether Mr.

107Kersner's speech at the podium was as a private citizen or as a BOE member is fact dependent and such Mr. Kersner's speech at the podium or any other speech be found to be that of a private citizen any infringement punishment or retaliation is particularly egregious and I will say there was a reason I approached the podium and that was it. Under Supreme Court president, a plaintiff pursuing First Amendment retaliation claims must show, among other things, that the government took an adverse action in response to his speech and it would not have been taken absent retaliatory mode. And I will say today certainly represents adverse action. Page seven, US 391 3139. uh citation 1715 1722 2019. Some adverse actions may be easy to identify. An arrest, a prosecution, or dismissal from government employment. Um see ID139

108at 1721 through 22 Hartman. Uh and there's many other legal references here. Um deprivation less harsh than dismissal can sometimes qualify too. Brutan versus the Republican party. To distinguish material from immaterial adverse actions, lower courts have taken various approaches. Some have asked whether the government challenged conduct would chill a person of ordinary firmness in the plaintiff's position from engaging in future future first amendment activities. Knives uh knees I think it is uh 139 internal quotation marks omitted. Uh, and I will add that a incoming board member has commented on how this is chilling and causes fear and trepidation of what you're willing to say. And um, I will also say that one attorney that was addressing this uh, equated it to me being asked to bow down and kiss the ring to speak with one

109voice. It's ridiculous. It is likely the investigator's recommendation taken as a whole would chill the speech and conduct of a person of ordinary fitness and one in Mr. Kushner's position and curtail such individual from engaging in f further activity future activities protected by the first amendment. They are thus adverse actions and certainly any censuring or other action taken by the BOE uh predicated upon the investigators report would likely constitute actionable adverse actions. Furthermore, all actions of the BOE are subject to the Ohio Open Meetings Act and the Ohio Public Records Act. As such, any action the BOE may choose to take against Mr. Kushner is public knowledge. Given this, as so a person of ordinary fitness and in Mr. Ker's position would be chilled from exercising their own First Amendment protected activities from fear the

110electorate would only be permitted to see claim violations of the BOE policies rather than making the proper determination that Mr. Kerser's conduct was protected by the first amendment. It is instead the BOE's adherence to its own const unconstitutional policies that violate the first amendment. And this is presented uh by uh Ashley and uh by Doug Holus, Freeman, Matthysse and Gary who were our initial was my initial representation on this matter. I now have new representation which I uh considered to be more zealous and that I wanted to present to you but I was not afforded that opportunity nor was my legal counsel um contacted as they should have been by opposing council. Uh and I I I can't even uh I can't even fathom that. I can't even fathom being here and you all saying

111that I should have known. Well, I'll tell you how I should have known. you should have contacted my council and I think that's a promise you made to me a few meetings ago. All right, here's my due process statement and this is point of order. This is a statement for the record. For nearly two years, I have been on the public on public record demanding clearly, consistent, and repeatedly that all notices, agendas, and board documents be mailed to my home. This requirement is my right under due process principles in Ohio law and it became necessary because board docs has been altered, manipulated or changed after publication. These irregularities were not spec speculative. They were personally witnessed and documented by my legal counsel because electronic postings have been compromised. Mailed notice is the only reliable and

112lawful means of information informing me about um proposed board actions. And I will say this probably while I sit here, the agenda is probably being modified with meeting notes so that if you go to it, you're going to be reading it typically is unauthorized uh and unapproved meeting minutes. That happens over and over again. So, we have a lot of problems with our electronic communication. I know Kathy has shown up where we've had printed work and then we've compared it to what's on our desk and it's changed mysteriously. My own counsel, the person who wrote this letter was on board docs and she said, "Wow, I'm not a conspiracy theorist and I thought I I thought you were crazy, but this document disappeared while I was working on while I was viewing it." So, we

113have issues. There's not it's not me trying to be difficult. It's the fact that I want to see in paper and I want to know that what I'm looking at and what I'm preparing for doesn't change at the last minute. And I have the right to be skeptical and I have a reason to be skeptical. The notice I received for this meeting contained no mention of a censure, no allegation, no charges, no supporting documents, and no indication that any adverse action was contemplated. Therefore, I did not receive lawful notice in the only format that ensures reliability and due process compliance. Proceeding with a punitive action that was not listed on my mailed notice not not included on the public ag published agenda and not dis disclosed in advance violates the open Ohio open meetings act

114board policy and the 14th amendment guarantee of notice and a meaningful opportunity to be heard. And I will add in addition you had a responsibility and legal counsel had a responsibility to contact my representative. I object on the record to any to any attempt to introduce, discuss or vote on a censure tonight. Any action taken without proper notice is unlawful, procedurally defective, retaliatory and void. That is also based on the fact that you had a legal executive session which you stated was to review a public official which you think is me and you can get any good legal counsel and they'll tell you that is not me. Katherine refused to participate. I only participated because I knew you guys would in my opinion unlawfully conduct your business whether I was there or not. So I

115might as well bear witness to it. if there were three attorneys in that room and it goes to a huge problem that we have in this district that I will address separately. Therefore, any attempt to censor me at this moment while my legal counsel is prevented from participating because the board because of the board's president unauthorized and dishonest action would not only be unethical but a direct violation of my constitutional right to represent due process and a fair opportunity to be be heard. In addition, I also need to place on the record that my council is currently conflicted out of appearing before this board. This conflict was created not by any action of mine, but by the unilateral and unauthorized conduct of our board president, Seth Bower, who filed a lawsuit and submitted a sworn

116affid affidavit containing de demonstrabably false statements without any board authorization whatsoever. Because Mr. Bower's improper actions, my attorney is legally prohibited prohibited from addressing this board directly and may only communicate through Oregon law, which itself is compromised by Mr. Bower's conduct. This conflict will remain in place until the litigation is with resolved and or withdrawn. And I will say when my council asked Mr. Bower under oath how he authorized this action. He said it was part of a previously settled action. Yet we didn't go before the board the before that judge and we had all agreed uh with a penalty, an extreme penalty that if there was any issues with that action, we would mediate and go back before that judge. And I'm going to take it one step further. My introduction to you, Seth,

117was in the election process. And in that process, there was a person who ran who you donated a $100 to their campaign, Mr. Juth. He gave that money back to you and withdrew. And you knew he was withdrawn. Yet the weekend before the election, you went on Facebook with a video saying, "Please vote for Mr. Juke. He is the most qualified even though he wasn't qualified for office." So, I will say my introduction to you was with through your lies on on Facebook and then I have a I have a lawsuit where you say I wasn't invited to a board meeting that I was clearly invited to and I was CCD on it and that's in a sworn affidavit. And so here I sit before a person who I do not consider at all honest

118and I'm facing censure. I find that so sad. Um, let the record reflect that I did not receive lawful mailed notice as required and long established for nearly two years that electronic notice seems to have been compromised and that the board is knowingly proceeding in violation of due process in Ohio law. All right, I've got one more memorandum regarding unauthorized invest investigation, illegal expenditures, and unconstitutional recommendation. This memorandum outlines the legal, procedural, fiscal, and constitutional defects arising from the investigation initiated by the superintendent into a board member of education. The investigation was undertaken without board authorization, without treasurer certifications of funds as required by OC 5705.41D and outside all established district policies governing complaints and investigations. Additionally, the investigation and outside legal counsel financially benefited from an arrangement they had a duty to verify and

119subsequent advanced recommendations contrary to Ohio law and the United States Constitution. The lack of board authority for this investigation under the Ohio Revised Code 3313.33, the Board of Education may act only through formal resolution. No such resolution authorized the initiation of an investigation of a board member. Further, OC 331901 grants the superintendent the authority over employees, not elected officials. Thus, any attempt by the superintendent to initiate, direct or manage an investigation of a board member constitutes Altraver's act and is a void. Sorry, I'm not very good at saying that word. I don't use it. Failure of compliance officer to follow mandatory procedures. District harassment and dis discipline policies, excuse me, discrimination policies, AC, ACA and ACB mandate that the compliance officer receive, process and managed complaints because the compliance officer reported direct or reports directly

120to the superintendent. the complaint. In this case, the uh the compliance officer was structurally incapable of functioning neutrally. The superintendent bypassed the compliance office in officer entirely, depriving the district of mandatory procedural safeguards and violating the district policy. The compliance officer also failed to notify the board of jurisdiction issues, namely that harassment policies do not clearly apply to elected officials. Under OC 570541D1, no contract or expenditure is lawful unless uh the treasurer certifies the funds are available. No certification was made for the investigator's engagement. Any expenditure made without proper certification is illegal, void, and potentially subject to findings for recovery. The treasurer had a statutory duty to prevent unauthorized spending and notify the board. The fail to do so constitutes a dereliction of duty. Conflicts of interest and financial benefit to outside counsel and the

121investigator. Outside legal counsel and the investigator financially benefited from an engagement that lacked board authorization and statutory compliance. As legal professionals, they had an affirmative obligation to verify client authority, ensure lawful scope, and avoid conflicts of interest. Instead, they proceeded with an expanded unauthorized investigation resulting in personal financial gain at taxpayers expense. a legal recommendation to modify the oath of office. I'm going to say if you want to know how genius this investigator attorney is, this summarizes it. The investigator recommended that the board adopt a revised oath requiring board members to pledge allegiance to board policies. He actually sat in my deposition and said, "You pledged allegiance to the board." And I said, "False. I know what my I know what my oath of office is. It's to the Constitution of the United States and

122the Constitution of America. He didn't even understand that. So, he recommend, and I don't see it here. I don't see it here today. He recommended that they modify the oath of office. Well, guess what? That's totally illegal. So, just having a law degree doesn't mean you know what you're doing. This recommendation is illegal. OC 3313.10 and article uh section 15, section 7. Article 15, section seven, excuse me, of the Ohio Constitution prescribes the oath of office for board members. Local bodies have no authority to alter statutory oaths. Courts have consistently held that statutory oaths are exclusive and cannot be changed by policy. Additionally, compelled allegiance to board policy violates the first amendment under West Virginia versus Bon Barnett, Bond versus Floyd, uh, KSEN and Houston Community College versus Wilson. The recommendation therefore reflects constitutional, excuse

123me, misunderstanding, improper motive, and renders the report unreliable. I want to further point out that this investigator found I did not create a hostile work environment. So, how do you make more money? You expand the scope and you start measuring me against unlawful board policies. He didn't stop when he at what he was hired to do. He took it further to to to be a judge, jury, and executioner. Elected officials possess the highest degree of speech protection when speaking on matters of public concerns. Attempts to punish, silence, or compel conformity of an elected official, whether through investigation, loyalty, oath, or public criticism implicate First Amendment retaliation standards. The unauthorized investigation, unconstitutional recommendations, and misuse of policy mechanisms demonstrate retaliatory intent. The investigation was procedurally defle def defective, unauthorized, illegally funded, constitutionally flawed, and tainted by

124conflicts of interest. It is recommended that the board one suspend rel uh reliance on the investigative report. Two, refer the matter to the prosecutor's office in the auditor of state. Three, direct preservations of all communications, invoice, and financial records. Four, reaffirm that only the general assembly may prescribe or alter the oath of office. And five, review the conduct of outside legal counsel and the investigator for ethical and contractual violations. Thank you. >> All right, open it up to further discussion. >> Um, I do have a question. Who wrote this resolution? That was uh Kegler. >> So who authorized the expenditure of that? Who authorized the uh is it the superintendent's direction to create a um a censure of a board member? Because the only authorization we gave Kegler Brown in January was for day-to-day operations

125of the superintendent. And this is not it. investigation of a public official is the furthest thing from a day-to-day operation. Therefore, any activity by Kegler Brown needed to be passed by board motion and the funds needed to be certified. So, this is just further evidence. This document itself is further evidence that this board doesn't either care or understand their fiscal responsibility. And I'll also say there's a cycle here. And I said this when I first got here and started dealing with Adam Miller. I sent him a document that was I think it was from the national um it was from a national attorney's organization about representing minorities of the board and I made it very clear to him that I did not feel represented by him that I felt he ch he chose sides and

126he picked his opinions based on where his bread was buttered. Additionally, he spent almost $11,000 sending me as an individual uh intimidating document, which I don't think anyone ever authorized uh trying to chill and silence me. And so I see a cycle here where people benefit with operating outside the law and outside of board norms. And there's just a cycle where you just directly feed. You don't go through the process. You just directly feed the attorney. They enforce what you want to enforce and it continues. They hire their own investigator. How does the how does the how do I, if I'm a superintendent, get to pick the law firm and and have them pick the investigator for me. And how do I see that any independence in that? I see none. Uh it's not how

127it's supposed to be. There's processes in place. I should be here represented. And uh this is this is unfortunate. Thank you. >> So um followup question. Who asked Kegler Brown to write this resolution >> for censure? >> Yes. >> I did. >> With whose authority? >> I'm the board president. So >> and it's already approved through >> there's no action that a single board member can take without a vote of the board. So if you reached out to Pegler Brown and asked them to do something without a board authorization vote, how does that work? Seth, >> we have her here. If do you mind come to the podium? >> No, thank you. No, thank you. >> I would like for her to answer. >> I would like for her to come sit the podium. >>

128What What authority is she here? Who what vote is that? Where have we got that? >> Would you like Miss Are you done, Miss Walsh? Or would you like to keep going? Okay, Miss Miss Barl picking. Thank you so much, ma'am, to answer the question. Um, number two, though, um, I want to point out that the since we're want to talk about it, the purpose of the investigation was dealing with day-to-day operations. So, even if whatever thoughts that they may have, this was because of the day-to-day oper how it was impacting that. But you can go ahead, Miss Barl, at this time. >> So, how so was that dayto-day operation? explain that. Mrs. Vice, >> Miss Wash, Miss Wash, we're not going to go back and forth. Go ahead, Miss Barl. Thank you, ma'am. >>

129Um, the censor resolution was drafted as part of the investigation. There has not been any action taken. That's in front of you tonight to decide if you want to take action and approve that the resolution or not. But the those resolutions were part of the investigation process. Thank you. >> Can I ask a question? Is the uh >> the investigative >> investigative report is that public information now >> or is that considered private? >> The investigation report itself I believe would be a public record. I'd have to take a look at it. I don't have it in front of me tonight, but I'd have to take a look at it and make sure that there is nothing that would need to be redacted from it. >> Okay. >> Um but I believe the the report

130itself is a public record. >> So, >> thank you. >> I'm sorry. as long as you're here. >> I think Libby Libby is still talking. >> What's that? >> Livby is still talking. >> Oh, thank you. Sorry. >> Um, one of the comments that I would want to make is first a public apology to the employees that were a part of this complaint that filed it. The complaint was filed in November of 2024. That's over a year ago. It took a year for the investigation to happen. Uh my personal opinion is that I felt like that it was being drugged out for person personal reasons um and for specific reasons and it's really sad that it has taken this long um for a report to be given to us because of interviews being delayed or

131cancelled or those types of things. Um, all I can say is that in the private sector it would not happen this slow. It it would have been handled. Um, also if there were 25 violations, you wouldn't get that far. Um, so it's it's just really sad that um our employees have had to go through this and dealing with it on a day-to-day basis, having to um come to work every day knowing that the problems that are are existing because of the board. Um it's sad. It shouldn't happen. This is not the way a district should be ran. And it saddens me that we've have board members feel like they can be in the day-to-day operations and get into the weeds and and and publicly comment about employees negatively. We're supposed to be lifting up our

132district, not tearing it down. Um everything that is in the public um of the negativity of our district, that's what this board is showing, the negativity. We can't celebrate our positives because there's so much negativity everywhere we go. We can't have a board meeting without somebody being snarky about something. It's sad. And I hope I hope going forward that the new board acts professional. Yeah, you can. So, did the investigator find that Mr. Kersner had um created a hostile work environment. >> He has 25 violations, >> right? 25 violations. >> The question was, please answer the question. Did the investigator find that Mr. >> created a hostile work environment? >> There isn't a trial here, by the way. But um the interesting thing is you believe that this falls under the superintendent's day-to-day operation because

133you believe I'm his employee, and I'm not. And if I'm not his employee, there's no way this falls under his day-to-day operations. It does not. The law doesn't support that. You can have whatever opinion you want, but I I am >> because you guys won't let anybody >> I do not follow fall under his pur purview and him initiating this as pointed out by the lawyers and many case laws quoted, it simply doesn't work that way. and um by way of this thing dragging on out. Yeah, it's supposed to be reported to the um officer within three days or something like that. I didn't get notification uh or even uh even representation assigned for a very long time. And yes, my father was dying and yes, my father did die. And so it wasn't me

134dragging it out. Actually, if you were to see, um, one of the reasons that we have new counsel is because we were frustrated with the speed of this thing and it also had to do with the health of our attorney. So, nothing was intentionally drug out. The other issue was that while they were doing this, they were also representing us in a $100,000 lawsuit and then a $50,000 lawsuit. All of which netted no gain. whatsoever. And uh we could go on and on about that, but if you want to talk about the delays, when there were some public uh when there was some simple open meetings violations, rather than getting the insurance and simply working it out, you went to Oregon law at 500 bucks an hour and filed all kinds of counter suits. So,

135please don't complain about how this got drugged out. >> Yeah, I will complain. And and just remember, you got to remember who filed that first lawsuit, >> right? Because as I sit here, you all argue basic law. You argue motions and how they're supposed to be done. And if I say you violated the the Open Meetings Act, you might get Merl to come up and say, "No, you didn't." So, I figured, well, maybe a judge had to explain it to you. And I'm sorry, did I'm I didn't expect you not to simply sit down and mediate it and get your u insurance to cover it. I certainly didn't expect for all the bragging that you do about money saved that you would engage a outside legal firm that wasn't even prior approved and one of

136the most expensive you could find uh to make up a bunch of actions against us. So, my bad. Sorry. I'm very sorry that it worked out that way. It shouldn't have. I was just trying to get you all to comply with open meetings and you still are not. That that meeting that you had to discuss me was unlawful. Now with that, as been pointed out by the gentleman who spoke, I believe on your behalf, Kathy, we're only going to make this worth with this action because maybe you're leaving the board and and maybe um maybe that matters and maybe it doesn't. Maybe you'll end up spending as much time on board business as you did while you were elected because there's this is egregious. Um, you should take the council of our council very seriously.

137It was well put together, well thought out and you are trying to chill my first amendment rights and I believe that that is what the purpose of Kathy bringing that gentleman in was to let you know that perhaps This dog's going to hunt and I don't want that. I would like 2026 to roll a new page and I certainly absolutely do not want us spending a million dollars a year in legal fees anymore. Thank you. >> So with that, um I I appreciate everyone's uh comment and information. I do ask that um I know that we the statements are being made um about lawsuits and things of that nature and I know we would love to get into the wise or not but there are certain things that we are not able to say that

138some of us on the board would adhere to what that was agreed upon with the courts. So it's not that we don't wish to disclose or would love to disclose. we cannot disclose because that is what we agreed to. Secondly, I I know we keep talking about oh what should happen in 2026 and I agree. However, I would say to our colleagues that what about what happened in 2024 2025? That is what this is about. So, we should gloss over behavior that was poor um conversations, things that were done to our staff to where they felt they even had to file in fear of retaliation that we should gloss over that. I don't think so. And I know that we um you know, it's nothing against the new board members, but even rerunning, you know,

139I I took a gamble with just how things are um with federal government um and got in good trouble. So, yet again, I'll be in good trouble tonight. And I will stand with what has uh with what the findings are um with our administration because it's already from what I'm hearing, it's already hard for us to get good staff. And with this behavior at 9:46 PM tonight, I really am concerned that the staff that we do have will leave and that we will constantly have a revolving door here at Gport. And then we will see all the progress and the hard work regardless of those things that we we've we passed or voted on that others didn't like, but the academics are where are progressing appropriately. Um the the uh finances are where they need

140to be. were more engaged to a degree with our with our comms and things like that. Those were the positive from those things. So, I would go back and say that, you know, yes, we may feel whatever with 2026, but we have to do what's right for our staff and I it took a lot for them to come forward and express their concerns because the way it is an elected role and their person who reports to us, but then those folks underneath also felt so it wasn't just individuals uh certain individuals um in administration. It was more than one person in administration that had concerns. And I would further say that um and and and you can also add this to the record and and this may seem as you guys say continue the fuel

141but I can't we can't keep glossing over you want to point fingers one way but don't want to own your part and there's an entire recording that I am asking that is added to the meeting minutes with the link to the YouTube or the file where there's a conversation Mr. personner where you were specifically talking about walking out our administrators and you were working alongside a parent who put you all out on Front Street the night before the election with messages then apologizing and then also put it out for everyone to hear the 30 minute conversation that you had about members of the board that you say oh let's work together but that wasn't the conversation then hence where we are now also about some of the same administrators that you spoke about and this

142is not me trying to dig at you. This is your conversation that someone reported that you trusted that you thought that you could use and had that conversation with that put it out. And I can even quote some of it because I have it right here. And so it's funny to me that you would say, "Oh, we should, you know, not do this and do that." But yet there's no ownership on your part and you want to gloss over it and pretend like it didn't happen. And this is why we had administrators come forward to the board asking for help, feeling like they had no choice. This was not something they wanted to do. And I would have, you know, we could have said and gassed over it all we wanted to. But I wasn't

143trying to bring this up. This has been here. But I'm like, I'm not going to sit here and let you keep coming after our people when they work hard. No, everyone's not perfect. Absolutely not. Only Jesus is. That's his job. But we have mechanisms in place to hold our staff accountable through our evaluation processes. That is where we do that. But these other pieces that have come up, that's not okay. And that's the negativity that's out there. The cartoons and even the statement, oh, I'm not going to post that picture about Seth and Latoya. Like all that stuff is there. And this recording here absolutely, regardless of what you said about me and Seth, we're colleagues. I don't care about that. But it's what you said about our staff. and it actually confirms the very

144thing with those violations. So, I yield to the public to go and find it for yourself and listen to it. And I am asking Mr. Collier to add it to the board minutes for the record so the public has it because we're not going to sit here and keep saying, "Oh, let's work together and we're not going to hold ourselves accountable." And if that is a bad taste, but I can't let you do that. I just can't. My kids are here. We are playing Russian roulette with our kids. My kids go here. I don't want to do this on a Tuesday night. But we're sitting up here badgering. We're going through all this. And that's fine. You have a right to say whatever you want to say, but you also have a right to own

145your part, too. So, I have no qualms or ill will against anyone, but I want things to be fair and impartial and put out there fully so everyone can hear and see because that was something that was not available, but it was put out to the public. It's not that I'm asking you to put anything out that's not already there. Thank you. I yield my time back. >> Thank you. And I will I will stand by what I said. If you have a parent come to me and if you have a parent come to me and say I have staff members putting a tra in my child sideways talking about your behavior and your statements about our administration behavior >> in addition to this is why you're being censured over y'all have talked the whole

146three hours of this meeting. >> Yeah. Hey >> that's all you do. Oh, >> as much time as you prepared for this, get on board, docs, and be ready for me. Thank you. >> You've created dog and pony shows that have kept us here till two o'clock in the morning. You've created unending agendas that anyone could see. I came in and asked that we do two regular board meetings a month. You said no. Now you want to complain about being here till 10 when you've kept me here till 2 in the morning over and over again. And no, I usually you are the word salad person who takes 15 paragraphs to say something. I'm usually pretty concise, so don't blame me for the timing of our board meetings. But yes, I will stand by what

147I say. Sometimes when parents come to me and say their child is being abused and they don't feel they are getting a voice, I I will make comments that I I will try to see that that is taken care of. I'm not ashamed of that. And if someone records me and wants to put it on the internet, fine. But here's the thing, Latoya. you think you have in place a things that can that you can manage me that you can say what I can say and this censure is it the slippery slope that you're going down >> is the is the fact that this is part of my first amendment rights I may not always say things perfectly I could certainly uh improve certain things that I say but I have a right to say

148them who fires me for that is the electorate not you. And so this sanction is just going to cause more problems because the investigator found that I was not creating a hostile work environment, but I was violating your policy that says I have to speak with one voice and your policies that tell me how I have to speak. That is a horrible slippery slope. Thank you. >> Can we go to a vote, please? >> Yeah. Um, >> no, not I have not had a comment yet and I have the right to. So, first off, you're taking uh taken out of content. What what this uh individual posted and what you are narrowing in on was completely taken out of content. If somebody said, you know, the this person did this horrible illegal thing and Mr.

149Kushner says, "Well, if that's true, I will walk him out of the building." There's nothing wrong with that. You're going to censor him for that. You're going to take it out of content. And um geez, let's be clear, he was not found guilty of creating a hostile work environment. No violation. That is what the investigator said. And here you all are sitting up here saying, "He did this to our employees. He did that." Well, the the investigator did not find that he created a hostile work environment. And that if that's what this resolution, you're trying to punish him and say that's what he did under what? They the investigator said no. He did not do that. So, he said things that the investigator didn't like that were part of his first amendment right to free

150speech. And that's what you're going to censor him on. And that is a slippery slope. It's going to cause illegal action in the future. And you're going to set the board that's coming in up and the district the money that's going to be taken away from our children. This is not a good idea. It's not in the best interest of the district, of the students, of our upcoming new board. You want to start fresh. You say that, Latoya. But then you talk about wanting to censor him for things that were taken out of content and for an investigator who found no violation and creating a hostile work environment. No violation of policy ACA and ACB and that is the only thing that should have been part of the investigation and the procedure that was followed

151was not the procedure outlined in that policy. So there's a lot of problems. This is bad for the district, bad for the students, bad for the upcoming board. >> And and let me I'm I'm going to comment here. Let's say that I recognize that there has been bloat in a department. So hey, we started with no person in this department, then we had one, now we have 14. and I feel that that is bloated and it needs to be rightsized, need to be eliminated or whatever, I have a right to say that my constituents have a right to understand that. Now, to your point of how difficult it is and how painful it is, the first thing those people are likely going to do is file a complaint to try to become a protected class.

152So it could be that it was really painful for them or it could be that they see someone who is fiscally conservative and they think this is a great mechanism especially if I can jump the process and I can go directly past all the gatekeepers and create something like this and people on my board will whitewash it and censure the person. Hey, uh that just gives me uh the ability that if we do ever make changes that I I'll have the uh ground to stand on and the board will help me with that. So there's two angles to that and it's not all he oh he crushed my my soul or he created a hostile work environment by making a con a comment about job performance um wasted money or um areas of the district

153that I I think should be rightsized. Um, so yeah, there there's uh common steps employees take and uh this might be to just one of those. >> All right, on to vote, please. >> All we're voting on since it's been a while is the G mass board of vacation approves a centure resolution and this is for Mr. Kushner. Um, Mrs. Walsh. >> No. >> Mrs. Gray >> I >> Mr. Bower >> I Mrs. Dober >> I >> and Mr. Kersner >> no motion passes on to item five the court Madison schools board of education approves the sens censure resolution for board member Walsh >> move second >> I have Mrs. Dtoberger as first Mr. Kersner as second on to discussion. >> I'd like you to read that resolution pulled up. >> All right. Resolution of

154censure. Whereas Kathy Walsh is a board member of the Grop Madison local school district currently serving a 4-year term through December 31st, 2027. Whereas the individual members of the district board of education like all individual members of board of education must abide by the constitution of the United States of America and the constitution of the state of Ohio. Whereas individual members of the board and the board as a political body must also abide by the laws of the state of Ohio and in accordance with the board's adopted governing policies and bylaws. Whereas all individual members of the board took an oath to faithfully perform the duties of the office as required by Ohio Revised Code section 3313.10. Whereas a complaint was filed in November 2024 alleging that board member Kathy Walsh created a hostile and

155abusive work environment by engaging in a pattern of bullying, intimidation, and retaliation against district employees that included using verbal attacks, emails, and social media to demean staff. make unreasonable demands and threatened the employment of several district administrators. Whereas the complaint was investigated by outside legal counsel who determined a separate investigation into board member Walsh was warranted. Whereas a final report was issued on August 29th, 2025. Whereas a majority of this board finds that board member Walsh has on numerous occasions violated in part or whole the board's policies, bylaws, and its adopted code of ethics. Board member Walsh has exhibit Board Member Walsh has exhibited behavior that falls below the standards of conduct set forth in the following bylaws and policies. BA board operation goals. BBA school board powers and duties. BBAA member authority and duties.

156BBF and BBF board code of ethics. BCD CBI board superintendent relationship. BG, GBD, board staff relationship. CBG, AFB, evaluation of the superintendent, GBA, equal opportunity employment, JR, student records. Whereas, it is vitally important that our community, students, and staff have complete confidence in the ability of board members to hold themselves accountable when mistakes are made by individual members of the board. and failure to follow board policy undermines public faith and confidence in the board and the district if not addressed. Whereas the board desires to publicly censure and reprimand board member Walsh for her behavior. Now therefore, be it resolved, this board hereby formally expresses its strongest disapproval of such conduct by board member Walsh through this resolution of censure. Be it further resolved that this board respectfully requests that board member Walsh cease and desist

157from public harassment of district employees so that board members and staff may work in an environment of mutual respect and trust for the betterment of the district and the community. Be it further resolved that this board respectfully requests that board member Walsh complete training on the board member code of ethics and on the role of a board member. Be it finally resolved that nothing in this censure is intended to, nor shall it be construed to prevent any board member from taking action legally permitted by the board's bylaws, policies, and code of ethics, including from respectfully advocating their their positions on business before the board or from exercising their First Amendment rights. Wow, that's hilarious. So, here you are attacking us over our First Amendment rights and then suggesting that this isn't what that's about. That's

158ridiculous. And by the way, those policies that you read, Seth, you violated them in paying for in hiring counsel without authorization or one of you did and in in having this this document prepared. So while you measure us on a scale, this this resolution does not even properly reflect the findings of the investigator. It's false. They won't even stack up to each other. Um, you know what? I I will wear this censure. I' I've been a board member before. I've been a trustee before. I've never been censured. This is my first censure. This is Kathy's second. So, I will wear this as a badge of honor considering who it's coming from. And I'll tell you this, Kathy donated thousands of dollars worth of preschool equipment to this school. And what did she get? She got

159attacked and said that she directed the cleanout of her shed when she gave and and by the way, where's the inventory? I saw other people give money to the district or give things of value to the district and it was given a value. It was brought into inventory, but not when she did it. Nope. She was accused of directing people to clean out a shed when in fact she was giving thousands of dollars of high-end equipment, some of which is still in use. So the idea that we're just horrible and deplorable and we attack um employees, there's a two-way street here. I didn't come in uh with any preconceived notions uh about anything. I wanted to see safer schools and I was really I really have a different opinion of our building plan and that's

160what motivated me in here. But I'm not going to rehash the first thing that happened to me. I didn't get invited to orientation. Um, I had travel arrangements made for me that make me question the whole mileage thing and why the most expensive flights were chosen and really still have so many open meetings request. It's not even funny. So, on Kathy's behalf, I just want to point out she's taken a heaping of abuse. Unfortunately, it didn't seem to hurt her the last time you you uh did this to her because she turned around and got 5,000 votes. So, that should tell you something. Uh she no one's ever got that many votes. I couldn't believe it. She got over 5,000 votes. So, you might want to think about that. You might want to think how

161your perception is different than the public's perception. Who actually has oversight of us? Thank you. >> Now, I have a plethora of questions to ask the board. When exactly did the board authorize an investigation of an elected board member? >> I don't have exact dates and I'm not on trial right now. So, I'm not going to respond to that. >> No, this isn't a trial. This is a board meeting and you're censoring me and I'm asking when you authorized or who authorized when the board when did the board take a vote to authorize an investigation of a board member? >> They did not. Correct. Where is the resolution authorizing outside council to initiate s investigation? Is there one? No, there is not. Who approved the investigator's engagement letter? Scope of work and cost? Anybody on

162the board? No. Does any board member have a copy of the contract with the investigator? Let me respond right now. So, here we are. Okay. Here's here's what you robbed us of. You want to talk about You want to talk about You want to talk about us misacting? You robbed the public of the ability to comment on an action they're taking that's being taken against board members. You robbed us of the opportunity to object to the investigation uh to help uh form or debate what the basis and the scope of the investigation would be. So, it's it's like the Wizard of Oz on Kansas. Pay no attention to what's going on behind the curtain. You guys can do whatever you want. If if you don't find that I created a hostile work environment, oh, we'll

163just dig in and expand the scope. Mark Weaker can make more money and you guys can get what you want. But what you left out of the entire process is what you promised and that's transparency and the public because and that's how it's supposed to work. And the whole basis of this censure is is just so subject to challenge because of the way you did it because there's no you took you expended I don't even know the last lawsuit was it is it up to 50,000 now Seth that I'm waiting for it to settle I don't know it was it was 20 or 30 last I looked and that was all done without any action here before the public and so here we go again over and over again we hired Oregon law and the

164emails are there. You want to talk about looking at emails, the emails are there that shows he engaged the board prior to the vote. He was already hired behind the scenes. Wink wink. So, here we go. Lawsuit, legal action after legal action done behind the scenes, behind closed doors, uh just waiting to be reopened. and we had an agreement with a law with a judge that if we had any further uh problems, we would mediate and we would come before him and supposedly there was a $10,000 fine if we didn't, I believe. And so, here we go. The only way to cure this now is probably to go back before that judge and uh and also to challenge the entire basis of your actions because they are baseless because you built them on illegal actions.

165Okay. Is the board aware that acting on an unauthorized investigation may constitute constitute ultra we'll try the word ver very ver vis conduct eliminating personal immunity protection? No. Well, I would like to say that um we hired the the uh firm Piggler Brown when it in January day-to-day operations and um labor negotiations of the school district. Yes, this was a issue HR issue. So therefore there is no requirement for the board to take make a motion to investigate when there is an HR complaint it needs to be investigated. >> That's great. >> So I will go on my questions here. Which compliance officer received a compliance with policy ACA and ACB? Which compliance officer received superintendent group's complaint? Superintendent group. What compliance officer did you give that complaint to? >> Our staff is not on

166trial. So >> I'm asking because this is the basis of your sensor. >> And so what's happening here is >> who initiated the informal complaint process required under the policy. You don't have answers to these questions, but pretty important when you're doing such a big thing, right, >> Kathy? actually what what we're trying to do is maintain professionalism while you and John are having a fullblown show. >> So honestly, I don't think we're going to get anywhere with your questions in the way that you're choosing to speak to people. No one is speaking nasty and just because you speak louder does not make you correct. And that's all you guys keep doing. So, we can finish this if we're going to come back and talk about it, which I know you're not here. That's fine.

167But we're going to keep going round and round and round um at this point. And so, I think for us at the for me, I'll speak for me. I don't see where we would be getting anywhere. This is not a surprise. We've had conversations. You walked away as stated all the things. I don't know what else you would like at this time. >> Well, I I have more questions to ask. >> Well, let let me address this. I keep hearing I I I want to make a statement. So, look, um I keep hearing we're at trial and yes, I do get animated and yes, I do uh this this does upset me a little bit. I think I'm pretty composed cons considering. But um you can say trial, you can make all those paragraphs that

168sound so good. But a real a real serious question is asked here and it's procedural and and you're coming at us for supposedly violating board policy that you believe trumps my first amendment or her first amendment. But when we ask a question like what was the procedure? How did you start? For you to say, well there I'm not on trial. I'm not going to answer that. We're bound to public deliberation and I'm I do that and a lot of times I get frustrated when I see boards um show up and just I I I I call them rubber stampers because I don't know what they're thinking because how did they arrive at the fact that they agree on everything before they became came to the public? That's a concern I have. So questions are being

169asked um obviously in our defense but also um to point to the public how did you guys go about initiating an investigation of a public employee. So then the summit official I'm sorry to make it really quick that the elected official there was a a formal complaint filed by our administration one went to the com HR director so there's that person for an administration doesn't report to us and both of them which then came to us which then investigation was initiated but there is a formal complaint so this does not come out of thin air so the public is aware they documented several instances provided several pieces of information and sworn statement as to what has happened to them is how we got here. So, it's nothing to hide. It's nothing that we we are

170trying to hide or pick on anyone, but we do have to move forward with what we have. But that is what happened. Okay. >> So, that statement is complete opposite of what our board attorney email says just to say. So, just because you're saying it does not make it so. I want to know how we followed policy AC, ACA, and ACB. And I will go on continue. I was not done answer pass ask pass ask pass ask pass ask pass ask pass ask pass ask pass ask pass ask pass ask passing my question and uh >> I was just trying to answer that question >> questions this is a public discussion that's a public forum that's >> and I was answering your question u um Kathy you asked how did this happen I was giving

171you my recollection on how I was made aware since you're saying it's deliberation and conversation on how I was made aware of the various complaints. >> Well I have the email if you'd like me to send it to you I will. >> Okay. Okay. So when >> when did I receive a written notice of allegations from the complaint off compliance officer? Answer I never did. When was an offer when was I offered the opportunity to participate in an informal resolution process that's required by the policy? >> I never was. >> That's not true. >> I never was. >> Okay. Where is the written formal complaint containing the required elements? Date, location, witness, requested remedy. There's the requested remedy is missing. Which compliance officer noticed me of the right to submit a written response within five

172business days? Well, I wasn't even I I did not get that to respond within five days. I did not get that. >> Okay. Point of order. take can you give us a second copy? Did you have something a response that you wanted to make, Latoya? >> No, I'm just going to at this point I don't believe um it's meant for that. So, I'm I said what I had to say. She's going line by line on those pieces and I don't have >> Stop. No, you're fine. Keep doing You said this is deliberation and you have to do all your things. Do your things. I I answered what I what I knew for a fact on how I was notified that our employees felt threatened when you said retaliated against that they felt it was a

173hostile work environment. It was hard to do their work. That is what I can respond to and that is what I am doing without going in because I don't want it to be I said something and I misspoke without going through email to provide any specific answers to those specific questions. But I can give an overall statement that we were notified because a formal complaint was filed by staff. Okay. >> So it wasn't made up. >> So to follow up on that, you said us, we as in us, we were made aware. What do you mean by that? >> That we were made aware. I don't know what else you would like. >> Okay. Well, my point is this. It sounds like you were made aware and I wasn't made aware and Kathy wasn't made

174aware. We were notified >> because you're the you're So that's the thing. This is an HR matter and I'm not the lawyer here on that part. So I can't go into detail as far as why it was handled the way it was because it's an HR matter, >> right? And and but we have policy for that and that's what Kathy is speaking to that we are supposed to be notified and we weren't. It was council actually notifying council and and it was very inappropriate because it was council notifying council as I re as I uh remember it while we were in other legal wrangling. So according to our board policy we're supposed to be afforded certain response times certain um critical rights that have been withheld from us. That's what she's pointing out here. There

175is a you talk about HR and policy, it's all written out and you guys, you didn't follow it. It doesn't appear the superintendent followed it. It appears that our rights for the process out, you know, first of all, if you're going to act like we're employees and uh the superintendent can directly day-to-day handle this, then obviously all those policies have to apply to us. Um, and that's what she's pointing out. And I totally agree. You didn't follow your own policy. So, here you are censoring us for uh what you believe is in my opinion where your policy trumps our constitutional rights. So, you're going to rule on that and just brush over, say, I'm not on trial. We didn't do it. It's okay. Whatever. While you blow right past what our policy demands of you

176before taking this action. Thank you. >> And the investigator did notify you guys, but I mean that's the thing like you're saying that you weren't notified. I you were in their statements or things from that investigator. >> Thank you. You're correct in that. >> But you were, but it's not that you weren't notified, but you just said you guys weren't notified, but you were. It's all going to go out to the community as if we didn't do and get with our legal counsel to do this, right? To ensure we protect the protections of the employees because when there's an investigation, there are protections that are put in place for the employee, i.e. those that are the complaint. >> That is not how our policy dictates it. that I get that we get contacted directly by

177an investigator and no rights before that point. That's what Kathy is pointing out in our policy. We have rights before it even gets to an investigator. This board is supposed to determine if it's even investigator worthy and you didn't do it. It didn't go through any compliance. It didn't go through any checks and balances. It went right into Kegler Brown's bank account. That's where it went. So, the board, >> Pardon? >> Oh, I didn't know. Were you? >> I know. I'm not done. Heck no. I got a lot of questions. A lot. Uh, why is the board moving forward knowing that I was deprived of legal counsel when the investigator was going over his findings? >> Great point. She refused to participate in the what I will say was an illegal executive session. I only

178participated because I felt uh I had I had no win. I had to participate in what I felt was an illegal executive session simply to observe observe what this person was bringing forward. But under board policy, under federal law, under state law, we had a right to a public hearing and you didn't provide it. And you absolutely robbed Kathy of that because she chose not to participate in your little behindthe-scenes kangaroo court. So, shame on you for not having him here where and having her attorney here where they could argue the case before us before us and you could make an informed decision. You're not interested in informed decisions. Your um your actions show that out. You left her out of the executive session where this investigator reviewed the findings because it wasn't legal for

179us to be back there. and you made a commitment to me that I would have a chance for um my legal team to respond before you took any action. And so you can't win. I participate in your legal actions trying to protect myself and I lose. You don't participate in your legal executive session and you get no you get no representation whatsoever. you don't even get to uh hear or debate the the person who came in and said we should rewrite the oath of office. And I tell you what, if you failed that little litness test as an attorney, I question everything you have. >> Next question. Has the board attorney advised whether taking action while the targeted member is unrepresentative unrepresented creates a due process violation? Did any board member consider whether this creates

180an appearance of coercion or retaliation? >> Repeat that. >> Did any board member consider whether this creates an appearance of coercion or retaliation? It it has as far as retaliation and coercion in general. Everything that we do here this board, it's it's toxic. It's it's always pins and needles. I worry about our staff. I worry about um all the things. So, I don't think I don't think I looked at it like that. I looked at it more so as what's the what's the play this time? what is the the plans to work behind the scenes and present this or try to deflect and um just being full honest we're going to have the conversation pretend like nothing happened that is what I was concerned about so and I was concerned about our staff at the

181end of the day so that's why I said what I said I'm not here to it's nothing part but my staff had a valid concern and I I definitely have seen the behavior here. >> Um, this says you said my but my art staff had not >> and I won't be repeating it because it's already 10:22. >> Wow. So all of a sudden we're concerned about time. Isn't that amazing? For two years we've not been. But now >> when we were working on the things for time it was dealing with the students and that's what I'm trying to get to. So >> yeah, >> it doesn't matter. Whatever we do, no matter what we do, this will always be the norm with YouTube. That is where we are. >> Well, I would say my play

182is fighting for my rights. That's what it is. That's what I'm doing. Which of my public statements, votes, or criticisms of the superintendent are board asserting or not protected political speech? as the board reviewed Hudson Community College versus Wilson, which makes it clear that a sensor cannot be used to retaliate against protected political speech or disscent. So, I'm not a lawyer, so we can't answer that. That would have been with our law firm. That is why the law the lawyers were brought into to do the investigation. So, are you here to try to do a gotcha or because you know that would be a legal question. >> Just a question. Is the board aware that conditioning I'm sorry. Is the board aware that conditioning my service on required training constitutes compelling corrective action and therefore

183triggers first amendment retaliation analysis under federal law? >> I have a question. Is there any debate here in this room with any attorneys or any board member that we have a right to a public hearing? Is there any debate of that? >> I believe we have a right. I believe you have a right. >> I know we do. I'm just wondering. I mean, I'm seeing blank stairs. It's just like uh for all this talk and and by the way I don't want to divert too much but I was on this board before and uh will tell you how long his his meetings took. You guys were meeting till the wee hours of the morning long before I got here. So you own that has nothing to do with me. But again we have a right

184to a public hearing before you take action. You have deprived us of that and I don't even understand how there can be any question among any five board members up here that that has truly happened. >> Great way to now now all the public can see your rationale behind your vote. Thank you. >> So let's just go ahead back and make sure we get some things straight. I just want to can I confirm with you Jamie? So I would go through your questions. You are the compliance officer, correct? At the time. >> Uh, no, there's an identified compliance officer. >> Okay. >> But employees could skip that step and go to me if they weren't comfortable for some reason. >> Okay. And then with yours, because of the type of the complaint, and I'm I'm

185looking, but I would assume it then made us go outside of our um council. So, >> right, that's a great point. And here you are making a determination without a public hearing and based on the word of an individual who's on the opposite side of this complaint, without receiving any emails, doing any investigation or verifying that anything happened besides him simply reaching out to Cougar Brown. You don't need facts. You don't need to abide obey the policy. You don't need to abide by the standards of the state and the federal government and provide us our legal right to representation and to a open hearing and yet off you go. And you wonder why you end up with these massive legal bills. That's it. >> It's not us. It's not me. Has the board received a

186written legal opinion confirming that this censor does not violate the first amendment, the 14th amendment or section 1983 liability? If not, why are we proceeding? So, I think the way the the motion reads is, "We pummel you and as you bleed laying in the parking lot, we put a little disclaimer on the bottom that says we didn't mean to hurt you." I think that's how it reads. >> Oh, that's how your behavior is. >> Has the board been advised? >> I think it's a good analogy. Honestly, I'm not ashamed of it. Thanks for >> Has the board been advised that disappointing an elected official for political speech violates criticism? um political speech, votes, criticism or oversight responsibility creates a strong first amendment retaliation claim. >> I have >> I think it's very clear I think

187it's very clear that it does. Now Kathy, I have a question. Did you receive representation and a response from your legal team in regard to the complaint against you as I did initially before um switching to a more um favorable legal team? Do you have such a statement? >> No, I did not give a statement and I'm not I don't have representation. So um yeah, there's that's a problem. But I'd like to go on with my questions. Has Highland confirmed coverage for due process or ultra verse Vers sorry violations and I can't answer that. That's a board member question. I'm a board member and I cannot answer that. Has the board member Has any board member consulted personal counsel about 1983 liabilities? It's Could you restate it? It's reading 1983 liability. >> Section 1983 liability.

188>> Okay. Thank you. >> Is the board aware that intentional constitutional violations are not immune? >> I want to say something here. >> Let me let me interject something. I remember watching at Curiosity the bus purchase and I remember an attorney saying, "Oh, don't worry about that. You got time." And then I remember I got to watch the nuclear fallout and and I got to sit in a in a in a room where you had I don't know how many lawyers at $300 an hour just cha-ching chuch-ching chuch-ching while you settled that. And it occurred to me that sometimes giving bad legal advice nets you more money than giving you good legal advice. And I think that might be the case here. Let's just let them do this because in the end, we'll just get

189richer off of it anyway when they challenge it. Doesn't matter if we win or lose, we get paid the same anyway. So, I think that's the beast. I mean, unfortunately, I've had people say, uh, you know, school districts aren't all about education, they're all about the money. And man, we sure are showing that in in some aspects here. U enriching attorneys and and other people through these types of actions that don't benefit the district, then trying to blame us for that. And it's you can try all you want, but the truth is I don't speak the way you like. I don't act the way you like. So, you're gonna try to get me to bend over and kiss the ring, but I do have First Amendment rights. I do have rights to be a person,

190and I think I conduct myself pretty well, and I could always improve, but what you're doing here is wrong and unlawful, and what you're doing to Kathy is probably even more wrong and unlawful. Um, it's it's just ridiculous. It's absolutely ridiculous. and you've attacked her before with vi with horrible cause. And you know what? You went into executive session and did it. And you came out of executive session. Oh, and you forgot to even call a reason for executive session. So then you doctorred the minutes to reflect a reason for executive session. That's how we ended up in court because I couldn't sit for that and I shouldn't and neither should the public. Someone needs to call you out when you act this egregious >> and that's why you're being censured. >> Thank you so

191much. You could Thank you. I appreciate that. A badge of honor. You just endorsed it. Thank you so much. >> Providing oversight is a reason for being censored. That's That's >> Wow. Has the board um is every board member aware that knowingly acting on an unauthorized investigation conducted outside the board's legal authority eliminates quality immunity and creates personal exposure? Well, you should be if you're not. Which allegation involves a protected class? This is a misuse of the ACA ACB policy. No answer. Why are political disagreements and oversight questions treated as harassment? >> May I ask a question? Did you write these questions? >> Why was the ACA? >> She asked if you wrote >> I'm not answering her question. There's no reason to answer. That's ridiculous. Why was AC ACA ACB used when the investigator

192said said in his report it does not expressly apply to board members. Now I'd like have a couple questions related to the timing and mode of in retaliation. Why is the sensor being introduced at the last meeting of the year? because it got held up because of a late meetings and um we didn't get the report until what was it October >> something like that >> and then we had the other stuff that took priority >> yeah the report came in August why it came in August I don't know that's supposed to be done in 15 days of the complaint why it wasn't I'm not the investigator why was it added only to the public agenda and not to the draft agenda with a copy of the agenda that was actually sent to Mr. Kersner

193and me. The only agenda we received did not have the sensor on it. Why is that? >> Let me comment. Um, so I know October was late, but you've had all that time that you could have put together the public hearing that you promised me directly would happen. I was going to be afforded a public hearing based on your word, which I should have known better than to trust. Um, and that was witnessed by multiple attorneys, I will say. And I would hope that not all of them will lie and say I didn't say that. That was my stipulation for being in that meeting. I would only sit in that meeting if you promised that I would be allowed representation to respond. That was my absolute demand to sit in that uh meeting and I

194know the attorneys in that room know that I stated I believed it was an unlawful meeting because I am an elected official not a public official as stated under 12122 I think that was quoted or section G1 whatever it is but I'm not that person and I think I think uh that's going to play out really badly. uh that you did that. But regardless, that was your promise to me and you broke it and uh I shouldn't I guess I shouldn't be surprised. Is this action related to my OMA lawsuit? >> Does the board understand this timing appears retaliatory? All right, I'm going to go on to evidence findings and accuracy. testing. >> All right. Question. Does any board member dispute that the resolution mistakes exaggerates findings? >> Could you restate, please? Does any board

195member dispute that the resolution to censor me um misstate or exaggerate findings? >> I do. >> If 13 allegations were improvements, why is the report presented as wholly negative? Yeah, Brad, as if you said 13 allegations were improvement. What What were you trying to say? >> The investigator found that 13 allegations were not proven. >> Not proven. >> Unproven. >> Yes. Not proven. >> Did um President, did you consider whether your personal conflict should have bar from placing the sensor on the agenda agenda? >> Are you aware that acting against the political opponent with whom you are in litigation may be evidence of retaliation? When did you first see the censored the draft censored language? Any of you? >> Did you see the draft? >> Mr. Did you see a draft? >> I'm going to

196need you to speak slower and annunciate because what I'm seeing and what I'm hearing does not make sense. The question was when did you see the draft of censor language or resolution? >> I actually hadn't seen it. I just saw it on the agenda that there was going to be a sensor. >> Why was it absent from the internal draft agenda? Do you need more time to answer that or you refusing to answer question Mr. President Bower, as the individual with authority to approve the agenda, at what point would you decide to place a sensor of a litigation, me and Mr. Hersner, onto the agenda? And did you see legal guidance about the conflict of interest inherent in taking official action against somebody you have personally filed a claim against? I have a question that's

197just occurred to me that's very compelling. So, legal counsel prepared a motion for censor and only a privileged few board members got that. Isn't that amazing? It had to come to somebody to get on this agenda, but it sure didn't come to me. I think that goes back to what my complaint has been about Brown from the get-go and uh that is they play favorites. They they act like uh presidents have superpowers or they just they turn it into a team sport. You want to talk about it not being a team sport, they turn it into a team sport. >> It was by not equally communicating. There's no way that this censure shouldn't have been turned over to my council. should have been copied. I shouldn't have been copied on it. Um it it's so

198funny because they say they're conflicted out uh of certain things, but then they don't they don't communicate to me or something this important. I don't get it. I do not understand that for a second. It should really be a shame because honestly just you on the other foot I would make sure that you all saw what came from our law firm and it should I should have had access for that. I should have been prepared. Um and the fact that they're only communicating to a limited party uh on this is issue is totally wrong. Uh if they left me out of certain things that for some reason I shouldn't know about. That's one thing. But a resolution to leave me out of that, that's totally unacceptable. And >> for you to imply that the three

199of us had had talked about it and got this all together is insulting. I saw this when it was on the agenda, which I get from docs. And when the attachment sent that says here's the link to do and if you go to those board docs, it has the agenda. Where'd you get if this says you said Kathy's addiction that were here? >> Is that what you said? I'm not repeating myself. >> Well, as a person who uh has read his closed caption, I just have to follow the claim that the closed caption is not adequate for my disability. So if you want to repeat yourself to the one >> I say go to orthodox and get the agenda >> you confirming what you said in a meeting that's showing up on satisfaction and it's

200not what are there adequately >> it came across as as addiction to I'm just speaking clarification because I do rely on close caption and it came across that says she won't repeat. >> I did repeat myself. I just ask questions. Please, >> could you verify that the investigation has been legally off? >> I would like to make a motion for a 10 minute recess, please. So, I have a second. If not, it's okay, but I'm going to step out. We're going to keep going. That's fine. I just wanted to be my colleagues. Okay. Hearing none. Does every board member acknowledge that not one step of AC, ACA, ACB was followed? Not one step. Does every board member understand that adopting a sensor based on an invalid process violates clearly established constitutional law? Is anyone willing

201to move to table this resolution until legal counsel provides a written opinion? Did you hear that first one? Yeah, I did. I see it. Um I'm sorry. I was having a discussion about the hearing assistant device and why I'm not using it because it's picking up all kinds of extrinuous noises. >> I know. So the question again was, is anybody going to move to table this resolution um until legal counsel provides written opinion? >> I I made the same motion earlier and they ignored it. Um, I would certainly second the motion that this uh action be reviewed by uh the prosecutor's office and the auditor of state uh to to ensure compliance which I think uh is always wise and it doesn't cost the money that it does when you send it to Kevin Brown

202and in my experience uh with the prosecutor's office uh they are the ones who do a lot of open meetings training and get really good advice. device at no cost. So, yes, I would uh move that prior to uh censoring Mrs. Walsh that uh the board um have this action reviewed by the prosecutor's office and by the um auditor state. All right. >> All right. So, I have Mr. Kers first. Mrs. Walsh has a second. Can you repeat the motion? >> Yes. I move that prior to taking any action against Mrs. Walsh that the Groport Madison school board of education refer this action to the prosecutor, Franklin County prosecutor and to the auditor of state um to ensure compliance with um first amendment rights and opening act rights and our rights uh to u public

203hearing. Thank you. What was the last part of that? >> Which part, sir? After uh two rights and I'm just writing this down. >> Okay. Um I had two auditors state to ensure compliance with first amendment rights, opening uh rights. Um and I'm sorry, the subtitles got screwed up. um and and uh compliance with the Open Meetings Act and and our rights to a public hearing. Any discussion? Roll call, please. I'm trying to get here. I mean, I come in in the next couple days and make sure I get right. Um so the first happy first. Sorry. First, >> can you repeat? I just got back to my seat. You could repeat the motion because I walked into >> I'm trying. >> That's why I asked for a recess, but >> I can substain. >>

204I'll John John said yes. Um Mer. >> No. >> Mrs. Gray, >> no. >> And Mrs. Walsh, >> hi. >> Motion fails. >> Does that have a motion that was made? >> Yes. >> No. Okay. So far from anti harassment policy ACA um ACB states that filing a malicious or knowingly false complaint is itself a violation. At what point in the process did the compliance officer or anyone evaluate whether any of the allegations might be knowingly false? Yeah, I find it curious that there were as many um findings of no fault. Uh yet, hey, you get a pass if uh your claims were false. Um I don't I don't think that's right. Um and also there was a total lack of investigation. I mean, there were people that should have been interviewed that were not

205interviewed. Um and it was a very shallow investigation when you find normally I would think when you find uh no violation or when you find um that the statement the person made was patently false. I think there should be an investigation to the other side of that issue. Uh so um that that was really troubling as I was going through uh these um depositions to hear some of the claims and then to easily be able to refute them. Oh, but no big deal, right? You can make whatever claim you want uh without any consequence. So when you talk about uh how this works and harm to the employees, it's a two-way street as well. Can the court identify a single line in an investigator's report or analyze whether any complaint may complain may whether the

206complaint may have submitted exaggerated misleading or commonly false allegations as required under ACA ACB? If not, why was this mandatory step omitted? Wow. I I wish you guys could borrow a mirror or sit on the other side of this in your mind and just think about that question. Imagine you're on the other side of that and you have a board that misses that step. Wow. So, in in our world with you free voting, uh, someone could say anything and there'd be no consequence for that because you're only looking at the one side you want. I I just wonder how the board would think if this happened to one of our employees or our students, they have children who are students, what this process was done to them as it's being done now against not following

207our policy. My next question, since the policy mandates a credibility credibility in analysis, can someone explain how the board is prepared to vote on censor before determining whether any allegations were false or retaliated in nature? Did anyone compare the allegations in the complaint to actual video recordings, emails, and need transcripts to verify accuracy before relying on them? If so, we're in for verification. >> Let me let me give you an example. I I guess you probably don't know this because I didn't, but did you know I'm a moderator of the good, bad, and the ugly and that I actually control what goes on there and what doesn't? It's really easy for someone in technology or any of us to look on the good, bad, the ugly and see who the moderator is. I have no

208influence on that site. I've been kicked off that site. I am definitely not the moderator. But you can bring a charge like that and nothing will happen. uh don't even have to look into it. Don't even have to remotely believe it's accurate. You can just make a claim and with this board it'll fly. If the board does not assess whether an allegation false, how can we assert publicly that the censor is based on findings rather than untested claims? We're in the investigator's final report to see address the question of whether any statement made by the complaint were untrue, exaggerated, incomplete or taken out of content. Is the board aware that the investigator's contract requires him to follow school policy and those policies require analysis of malicious or knowingly false complaints? Why does the report contain

209no such analysis? >> My answer is they're inside of what I call the aquarium. They're part of the the internals. They're used to having their bread buttered by school districts, by administration by that big uh cash cow. And I think uh they're biased towards that. They're biased. I think whether you're talking about some of our legal counsel or whether you're talking about this investigator, they know where their bread is about it. And uh it was very clear that this wasn't uh an unbiased um investigation. Very clear to our council. It was very clear to our council that this was overreaching, overly broad, and done poorly. So um I'll answer that question. I think it's financially motivated. I think uh uh M Mr. Weaker will get more business uh right along these lines because he is

210more of a means to an end in my opinion than an independent investigator. Did the investigator ever review whether an complaint might have had a motive to misre misinterpret, exaggerate or frame interactions in a negative light, especially during ongoing litigation, policies, disputes in contract negotiations. Since the sensor resolution relies heavily on the investigator's report and since the report never analyzes whether allegations falls, how can the board legally report up on the report as a factual foundation? I mean these are important questions. The sensor said in there which the investigator said I did not do and found no violation said I didn't do that but that's what your sensor says. How many is aware as statements in these resolutions were independently verified by board members and how many were simply accepted from the investigators untested salary?

211>> Could you restate the last it says investigators untested salary and I couldn't hear you. >> No, I'm sorry. How many of the whereas statements in these resolutions were identified independently verified by board members and how many were simply accepted from the investigator's untested summaries with the board. be comfortable censuring elected officials based on allegations that have never been tested, challenged, or vetted for accuracy. Well, we know three board members. If later evidence proves that the allegations included in this resolution is false and materially inaccurate, what is the board's plan to resend or correct a public sensor? Under Ohio law, knowing knowingly false allegations can constitute defamation per se. Have the board considered liability if it publishely publishes false allegations under the sensor label or under the label of censor created a hostile work environment.

212Would any board member be willing to personally certify that every allegation in these resolutions is that in resolution is accurate, complete, and truthful? Any before we vote on it, are you going to do that? I didn't think so. Does the board recognize that when respondents are silenced and only complaintants are heard, the risk of false allegations being accepted as fact increases dramatically? I would say this board has never shied away from actions that lead to legal actions. Um, and I think it's evident in this particular meeting when you don't take the time to learn the job, to learn the motions, um, to investigate and read the laws, um, to allow the other side to respond fully with representation and provide the public um, hearing specified by law and by practice. because I think it's real

213obvious they just don't care. Uh let the chips fall back where they may. It's other people's money spends real easily. Um so let's just make the point see if we can shame them and uh we run down the road. I don't know why it doesn't work. It uh mainly backfire but I it's very disappointing. Is it ethical for a superintendent to label routine oversight questions of public comments as harassment in order to initiate an investigation of an elected board members? Be careful here. We're setting the president for future board members. Under what ethical authorization. Did the superintendent initiate a personal complaint against elected officials using a staff suit harassment policy not designed for board members without board authorization? Why did the superintendent bypass the district's designated compliance officer? I believe that was my mark at

214the time and delivered his complaint directly to board legal counsel instead of following ACA and ACB. >> I'm going to point to something. Uh we've said here we've seen employees investigated for some pretty egregious things and step one was fact internally and uh uh we were certainly not afforded that portion of the process. Um it would have also cleaned up the complaint. Um if you had done some factf finding uh prior to um initiating the complaint, you certainly would have caught gross errors or if you would have had a conversation with the person who's being complained about, which is typical as well. Uh some some of the major issues could have been addressed. some of the false allegations that have been arrested which would have saved uh time and legal fees and uh also would

215have uh eliminated a lot of liability that uh is now laid down before taxpayers. I'm going to ask again under what resolution or vote were the investigator and outside attorney hired for this matter? Mr. Simons is telling the public everything it was not. Can the traitor identify any board action or authorized expenditure of district or insurance funds for this investigation? Was investigator paid by the district, the insurance carrier or through outside counsel? And I do know that he was paid through outside counsel as professional services by Kegler Brown, but I don't know under what author authority Brown hired them and how he how process was approved. Uh were the funds certified? Were visitors were certified the funds were available before service were rendered as required by law? Has the board reviewed any of the investigator

216or outside councils related to any invoices related to this matter? It's been a lot of money. There's a lot of things we could have done for our students with this money. A lot. And there's going to be a lot more money spent on this matter. It's just a shame. What is the total amount spent so far on the investigation and all associated people? Do any of you know? Do you care? Why is the board being asked to adopt a sensor resolution before knowing the full fiscal impact of an investigation conducted without board approval? If Mr. funds were expended without board authorization or prior certification. Does this expose the board or administration to potential ethics and fiscal accountability consequences? And I want to make a statement. After all these questions, I still have some more, but

217it investigate I object to the resolutions of law on multiple serious procedural and constitutional grounds. The investigation was never lawfully authorized by the board. The resolution rest entirely on an August 29th, 2025 final confidential investigation report prepared by attorney Mark Mark Weer. That report itself states that he was engaged by legal counsel for the BOE to investigate the allegations, not by a vote of the board. As a city member, I am aware of no public board action that authorized an investigation of a board member, selected or approved attorney as an investigator, or approved any engagement agreement or fees for that work. Instead, outside council unilaterally initiated an investigation into an elected official in my official my individual capacity without any reported vote of the board and without more discussion in open sessions. This is backwards.

218Council works for the board. The board does not work for council. If there is no duly appointed board resolution appointing engagement of investigator then this entire report is the product of private action by council not of the board acting as a public body. It should not be used as the basis for a formal sanction of any elected official. Misuse of the ACACA ACV harassment policy superintendent based on protected class, race, color, national origin, sex, age, disability, religion, ancestry, uh, genetic information and is written around complaints against students and or employees with a formal process run by compliance officer and the superintendent. In his own report, Attorney Weer concedes that many of the allegations are not motiv motivated by any protective class and the anti- harassment and the I'm sorry and the harassment policy does not

219expressly bind board members in the same way it binds employees and or students. He still chose to apply it anyway. Yet the resolution repeats of harassment and framing hostile in abused work environment, bullying, intimidation and retaliation. A civil rights harassment finding act action we've been made against me. It was not. The investigator by his own analysis had to resort to relabeling most of the complaint under other policies, code of ethics or superintendent relationships etc. Precisely because ACA and ACB does not fit. So this resolution is trying to borrow the emotional weight of harassment in hospital work environment even though the board's own investigator acknowledged that harassment policy doesn't truly apply to a board member in this way and then stacked allegation policy violation on top of that misfit that is not sound or honest legal

220foundation for a sensor. May I interrupt? >> The I'm okay. >> The agenda process here looks like an ambush. >> There is a long-standing practice of a draft agenda is circulated internally to board members before the final public agenda is posted. On the internal draft agenda circulated to board on December 1st, this resolution of sensor uh Walsh did not appear. It only appeared later on the final agenda that is released to the public and that I received when I w when I got here. That's why the meeting took so long because they still had not provided me with that agenda. That means a brand new highly consequential action against an individual board member was added after board members saw the draft and before the public posting without any direct notice to the member being targeted

221and without any prior opportunities to review or respond. Even if this technically satisfies minimum notice requirement, it does not satisfy basic fairness. dropping a sensor resolution onto the agenda, the last agenda of the year after the draft version of the board member version four member has gone out and right before two new members will take office looks less like measure government and more like a political ambush. The investigator's approach and truth on my first amendment speech. The report repeatedly criticized my public speech, my public comments of board me, my vote and explanation on contracts, my comments in a newspaper article, and my sharing of articles or posts on social media in that report and attorney acknowledges that I stated I am aware of code of ethics but believe some provisions conflict with my first amendment

222right every speak to speak freely and offer my opinion and that I therefore do not view myself as bound by policy language that attempts to restrict constitutional protected speech. I actually think I owe a duty to my constituents to speak freely and out against things that are not right. He expressly rejected that then treats my public criticism of the superintendent's contract or bond plan as unethical in violation of board policy. It's ridiculous. recommends that I be censored specifically for public harassment of administrative employees and recommends that I be removed from committees unless I am affirmed with unless I affirm that I will conform my speech to his reading of the code of ethics. In effect, the investigators claiming that a board adopted code of ethics may be used to punish an elected officials public criticism

223of contracts, hiring decisions, bond plans, and the superintendent. And the board may demand that I limit or stop in my public position comments as a condition of serving on committees to avoid censor or avoiding sensors. That is not just a political dispute. It is a constitutional problem. Poor political speech, debate over public contracts, public debt, facilities faith in the performance of a superintendent is at the heart of what the first amendment protects, especially for elected officials speaking to and on behalf of their constituents. A board may not adopt a code of ethics and then use it as a weapon to punish or chill disfavored viewpoints. If this board votes to adopt this resolution knowing that it is grounded in an investigator's explicit effort to limit board members constitutionally protected criticism, it risks engaging in unconstitutional

224viewpoint discrimination and retaliation. The resolution overstates and distorts what the report actually says. The resolution recites that I am that I on numerous occasions violated VA, BBA, BBAA, BBF, BBF, BCD, CBI, BG, GBG, CBG, AFB, GBA, JO, J. But the report, even using its own general standard, finds 13 uh violations and 13 nonviolations. Several of the violations are not about harassment at all. They are disagreements about how much uh information a board member is entitled to receive, whether an article I share is critical, or whether my public criticism on contracts is too harsh. In multiple sections, the investigator conceives no violation on key policies. No violation of everment policy for my records request and comments because the policy is not written by board members and wasn't tied to a protected class. No violation require regarding

225social media repost about employee because there's no company criticism and no protected class. No violation regarding my request for meeting record acknowledging it is tied to it was tied to an ADA complaint and that it ultimately left the existing access method in place. The resolution collapses on all nuances and simply announces that I have inhibited behavior that falls below the standard of conduct under a long list of policies. That is not an accurate or fair representation of the investigator owned findings. What this really does, this resolution does not correct the policy gap or protect staff. It does three things. It ratifies a privately in initiated investigation of an elected official that the board never lawfully authorized. It misuses the civil right harassment framework to label policy disagreement, public criticism, and oversight as bullying and hostile

226work environment. It attempts to discipline and chill an elected board member's core political speech under the guise of ethics. This is a dangerous president for me today and for any future board member who dares to challenge a superintendent questioning a contract or oppose the facilities plan. For all these reasons, I respectfully request that this resolution of Spencer uh Walsh be withdrawn from consideration or at a minimum the board table indefinitely and first address whether the board ever lawfully authorize the hiring of the investigator, whether policy AC, ACA, ACB can be used at all as a basis to discipline an elected official and whether this board wishes to expose the district and its members to constitutional challenges and further litigation by formally punishing protected speech. I remain fully prepared to follow the law, the Ohio and

227US Constitution and all board policies that are validly adopted and applied in a lawful manner. I am not prepared to surrender my obligation or my right to ask hard questions to disagree publicly and to advocate for my constituents. So I move that the sensor for Walsh be tabled that the board table indefinitely and first address whether the board ever lawfully authorized the the hiring of investigator weaker, whether policy ACA needs to be can be used at all as basis to discipline an elected official and whether this board wishes to expose the district and its members to constitutional challenges and furtheration by punishing protective second. >> All right, Mrs. First, Mr. Kersner has second. >> Yeah. And I will say I've often wondered and now it's clear to me I believe I've often wondered why when

228I was on the board before we so we were very close to the prosecutor's office. It was Nick Souls um and we conferred with him regularly and we avoided a lot of legal expenses by using the prosecutor's office. I think I know why now we don't do that anymore. I believe if this was turned over to the prosecutor's office, if the auditor were to review it, you wouldn't get the bot and paid for response that you get. Um, it's not a personnel game. It's not there's no money to enrich anyone. So, you get honest, straightforward answers. Uh, but I think when there's money to be made, uh, I think favoritism shows up. And I've said from the minute I got here, um, I saw something wrong with our legal relationship and the fact that they

229don't fully represent the board, that they sometimes provide what I believe was horrible advice. And I think maybe that's why we go the other way because you really can't steer the prosecutor's office. You really can't steer the auditor. Um, and they're not on anybody's payroll paid for a taxpayer. So I think Well, maybe I understand why we spend so much money. >> Roll call, please. >> I wanted to make a statement. This is a public record now. Correct. >> So, if you had your reading, I would like to read something the complaint for the investigation report. Mrs. Walsh had five days to submit a written response to the complaint. An extension was requested by council for Mrs. in grant be by me on March 7, 2025 making a response due by March 14th, 2025. On

230March 14th, 2025, council requested a copy of my engagement agreement with the board of education in order to understand the scope of the engagement. A copy of the agreement was sent to council on March 19th, 2025. On the same date, I was I communicated that if I do not hear back from you regarding Mrs. Walsh. By March 31st, I will proceed in the investigation without the participation. To be sure, on April 2nd, 2025, I emailed Mrs. Walsh's council and ask how Mrs. Walsh would like to proceed. To date, no written response has been submitted. I also attempted to schedule an interview with Mrs. Walsh as a part of the investigation. together with the notice delivered on February 27th, 2025, I provided my availability for an interview on either March 13 or March 28th. After the

231deadline for a written response had passed, my March 19th communication council, as discussed above, indicated that I would proceed without Mrs. Walsh participation if I did not hear back by March 31st. No request for an interview was made and no dates were offered by a respondent. My investigation therefore continued without Mrs. Wolf's participation. Nonetheless, on July 25th, 2025, I offered yet another opportunity for Mrs. Walsh to be interviewed. This opportunity was accepted and as a result, an interview for Mrs. Walsh was scheduled and held on August 1st, 2025. Mrs. Walsh was represented by co-consel, the provided Miss Mrs. Walsh with the opportunity to respond to all applications made by Mr. Mrs. responses already by confidential investigation report. So this shows that you were given a copy of the agreement. You legal counsel was um there

232was multiple requests in every opportunity in the world to put your side story out there and it didn't happen >> or August 1, I'm sorry, August 1. So what you're seeing is what you're saying is you have an insight to what the communication was between Mar and our council, which you don't. And what you're jumping right past is the fact that the board did not legally and lawfully engage him. And uh there's no motion, there's no action by this board to investigate a board member. So great, you got all those dates and all those times. You don't know what was going on with the council. You don't know what was going on, what communication happened between the two of them. You don't know what periods of silence happened between them before they engaged us, etc.

233Uh, and also, um, I think you know the circumstances, and I hope you recognize the circumstances without me bringing them up of what Kathy was going through for the first six months of this year. and don't be callous to that police. So, this was just an add-on to a terrible life experience she was going through that she brought up unlawfully and here you are. So, if there were delays um while her loved one was dying, I think you should really weigh that in to your harsh criticisms. roll up please. Okay, so we are voting on a motion that Kathy just about the table motion to table Mrs. Walsh. >> Mrs. No, no, Mrs. No. And Mr. Hi. Motion fails. to roll call for the original motion motion school board to approve the centure of Mrs.

234Walsh. I have first and second by John. So again to approve the Mrs. Walsh please read the motion sorry the pass school for education approves the signature resolution from Mrs. or we will >> I refuse to vote because I have been denied due process evidence legal counsel is notable and adequate notice. This vote is invalid and violates my rights as an elected official. >> I agree. I would I would love it if you all could reflect back to all the illegal things you have done over your years and just and just think about the only reason this is happening is because you three have the majority and you just don't care. Mrs. Gray >> I >> and Mr. No motion passes. On to item G, superintendent agenda. Um, first item on the agenda, um, it's

235listed besides the presentation, but I I'm pretty confident that this needs to be an action item. It is our 2025 2026 gifted plan. So the superintendent recommends that the board of education approve medicine gift identification plan for the 2025 2026 school year. >> So this is Grace first. Mrs. Albert second discussion. >> Yeah. This is the presentation. It doesn't say action on it. Mrs. Morer just asked this to be added to the agenda, but because this is our ident identification plan, I'm pretty confident that this needs to be an action item to be approved by the board, which is why I propose it as an action. roll up, please. >> He said, "I'm very confident that it needs to be an action item. Why are we voting?" >> The presentation identification plan that's attached in

236the agenda plan in front of me. I have a presentation though. Is that the plan? >> So, what Mr. group is saying is that Moritzer had reached out and asked for it to be added and that he u believes that it needs to be an action item and not just added already the agenda and that's not what was on the agenda. So you're going to add it to the agenda. Is that what you're saying? >> That's what he asked. How many read this document? It was just set down in front of me. 48 hours advanced notice. Another violation of our board policy. This is going to go through, right? Jeez. An action item. So would it be appropriate for this to be a first or >> Mr. Mr. kind of um would it be appropriate

237for this to be a first read? Is there some time sensitive issues with the superintendent group? >> Um I think it's time sensitive because it probably should have been approved last summer but I would need Mrs. Morb to answer that. But if you don't want to vote on it tonight, >> I would like to make a motion to your license to make it action item. >> Mrs. Grace is first. Mrs. Deler second. >> Could you repeat the motion, please? >> I made a motion to make this an action item. >> Thank you. I got my first segment. >> So, we're going to vote on amending the agenda, right? >> Yes. To make it an action. >> And you realize amended to amend an agenda to Okay, let's go ahead and do that. repeat that. What

238did she say? two vote to amend an agenda. We amend agendas all the time like you just tried to do what the agenda table >> am I correct >> is that is that accurate >> because if that's the case then all of the the things where she was trying to amend um all these resolutions then therefore those should not That's correct. >> This is amending the agenda, not a resolution. >> It's still the agenda. An agenda item. Okay. Can we get clarification real quick before we vote? >> Majority. Okay. Not two. >> Okay. I'm sorry. Could you repeat the conversation, please? >> I ask for either majority or two/3 >> before adoption of the agenda and not after adoption of the agenda. >> You've been sitting there for how many years? Can we have a

239recess like five minute recess? I'm feel >> the motion is for recess. >> Yeah. >> Second roll call, please. Mrs. Walsh. >> Hi, >> Mrs. Greg. Hi, >> Mr. B. >> Hi, Miss Mrs. Bberg. >> Hi, >> and Mr. Hi. >> We're having a five minute recess. That's literally all I >> plan on being a part of that conversation. >> Five minute recess. All right. It is 11:46 or 11:41. We will resume 46. It is 11:48 and we're back from recess. Uh we got clarification. Um and it looks like it was as good as um making it an actual item just >> um point of order. I'm just going to read from the Ohio School Board Association. says motion to amend. A board member makes a motion to change the agenda item from a discussion

240to an action addressing this exact scenario. Second the motion of the board member seconds the motion. Uh the board votes on the motion to amend the agenda. Twothirds vote is required if the agenda was already adopted which is common for order. The twothirds majority of the board president is usually needed to approve a change according to the OSBA and the OSBI block or you can have unanimous consent. If all members agree, they can grant unanimous consent. Um the key consideration is um that uh this ensures everyone has notice that a formal vote will occur upholding um over government principles and then it goes on to talk about robber rules. So, uh, I have no confidence in in the fact that it is not a twothirds vote option. I'll be honest, I really don't care. I'm

241just reading what the OSBA has to say about this exact scenario. Um, so if if you don't mind, again, what is the um, Mr. What is the time frame? What is the requirement here? Do you know? I do not know what the requirement was. It was just give and take. I mean, we're scheduled to meet in like two weeks or something. Is there any hangup for you that you know of if we if this weren't be adopted? That's the question. >> We We should I'm speculating. We should already have this claim should have been in place before. All right. So, um if it's okay, do you mind just walking us through it? And u I've been pretty busy with some other things here. So, Just uh want to make sure there's nothing controversial here, nothing

242new. How does it compare to what we had before, etc. Please come up, please. Um so, Carol gave me some talking points for this. Um there aren't many uh changes compared to our previous plan. there's new uh 25 uh gifted operating standards. Um and so we're trying to align our um our plan with that. The main change is that we added clustering grouping to align with the new operating standards. This uh definitely is happening at the middle school and the high school, but in elementary schools it depends on the grade level in our building. of our families had already been notified of the class rosters um before the operating stands released and following the clustering uh grouping would required us to make roster changes for some gifted students and even students not identified as gifted.

243So we apply for a waiver this year but we will be more purposeful with our scheduled class rosters in elementary next year. We will place the students in clusters at least three students with the same gifted identification in the same classrooms. Uh we compared our gifted plan to um a couple other districts and they're very similar. Uh we added a few possible assessments that we could use to identify students and the gifted professional development. We are year three of our gifted PD although some teachers are excluded from the gifted uh training as stated in negotiated agreement. Majority of teachers must earn 15 hours of gifted uh training per year until they hit 60 hours. After 60 hours, we're required to earn four hours per year. Teachers earn their hours with a gifted Google Classroom activities

244response to articles and videos and um their PD sessions during their um their training teacher um time. >> If you could help me, sorry, it sounded like you said sessions. I'm sure you didn't. Uh the um TBT time is one. Uh what do they call it here? Um >> no they don't collaboration time. >> Collaboration time. CT time. >> CT time. >> Thank you. So will this affect capacity in any way? >> Uh no I don't believe so. What do you mean by capacity? I didn't know if this clustering would affect uh the number of students that can be housed. >> Uh clustering happens when you put three uh children who have the same ID in a classroom. So the way that they're doing most of the gifted training or gifted instruction now is through

245cluster instead of uh where they would pull students to different buildings. I believe that was the past practice. And so as far as you know, this isn't going to have an impact on our ability to house students. >> No, because the clustering basically they don't have to go to separate buildings. They don't have pull outs. They just they stay in the classroom, but they try to cluster the kiddos together and then do lessons that will allow them to have um more challenging or um you know, lessons that are more to their to their level. >> Thank you. Okay. Thank you. All right. So, what's the motion as it is stating right now? I got I got to adise an action item first by the way. Is that accurate? >> Yes. >> Is that Can you

246come up please? >> I put it to a vote. Right. Make a motion to put it to a vote. >> Yes. So if if your motion is you can make a motion to approve the gifted plan. >> Yes. >> That is on your board agenda. >> Yeah. I make a motion to approve the gifted plan that is on. Thank you. >> I'm sorry. You made a motion to approve a plan. >> Yes. >> And that is an action item. So we are effectively we are effectively moving to change a presentation item to an action item. And then we're clear or unclear on the move that that takes. You're asking, are you asking me? >> Might as well. I mean, I just read it from the OSBA and it says it's 2/3. >> Yeah. So, if

247the motion is to amend the agenda, then you're right. It's a twothirds vote. If if Miss Gray is making a motion to approve the gifted plan that is on your agenda, she's not making a motion to amend the agenda. She's making a motion to approve the plan, >> but you're taking an action on the presentation, which is definitely it seemed like changing the agenda. >> So, this was Yeah, this was the conversation that um uh Miss Walsh and I got into. So, there are motions that sometimes get made by board members. I mean, there were motions that each of you made throughout the course of the board meeting that you took votes on that aren't on the agenda, but you weren't making a motion to a amend the agenda. Those happen at the beginning of

248the meeting. Gotcha. >> Thank you. >> Yep. And what I'm reading from the OSVA says that discussion items may start on as a discussion agenda and then move to an action agenda. >> Very good. Thank you. So I got advice to adopt a >> you don't have a motion to revise. You simply have a motion to >> please Mr. I >> I washes >> because they didn't have the material >> in light of the time. Can I just say the department reports as submitted or do you want presentations? I knew that we accept the department report. >> Oh, I feel so bad. >> Sorry. >> CBS, would you like to come out and do your pres reports as presented? And we thank you all for your patience and your time here tonight. Thank you. >>

249First, Mr. Mrs. M. I >> motion passes. Superintendent recommends that the girl Madison School Board of Education approve the tree trim removal agreement with ADB. >> So second Mrs. Gr first, Mrs. Second. >> This is just a revision to the work changes. Um Dave, come on up. Uh the motion that was discussed last month was a temporary easement. This one is a permanent easement. They want to remove the two trees and put up a much larger pole. So this is something that is longterm. Um I just got this after I attend the coordination meetings and they presented this to maybe two weeks ago. >> Where is this? right in front of um Groport Elementary. Um very close to where you can drive in between Central and Growport Elementary right along the street. >> And after

250the pole, >> there's a pole there now. They want to replace it with a larger pole and they would need to remove the two trees. I they didn't say if it was a wooden or a galvanized pole. Uh they just said it would be larger. >> Roll. >> Mr. D. >> Hi I mission passes. >> Superintendent recommends Gilport Madison schools board of education approve the resolutions for Gport Madison local school district with um LEPI and Gport Madison helist wide with Gandandy. And there are um attachments outlining this. >> So second, Mrs. Come back up. So the agreements in front of you are for the radon mitigation at Dunlow Elementary. We discussed it last month. The hope was it would come in underneath the threshold. Um, it did not. With the holidays and everybody working premium

251time, it came in at like 80. So, if we want to get it done over Christmas break, we need to do it through urgent necessity. Um, as part of the project also, you'll see an agreement in there for testing of the rest of the district buildings. Again, if we go out to bid, we're not going to get those tested uh in time. We're supposed to have them tested before the end of March. So, we're trying to utilize every three-day weekend we have coming up, spring breaks, things like that to get everything tested. It's still going to be very tight. There may be one or two buildings that bleed over a little bit into the next year, but we're going to attempt to get them all done if we can get enough students out here. So

252that's the resolutions that are in front of >> me. We did the discussion like my question was um with the testing I know that we have the trying to get the kids fixed school with testing. Would that also happen over the break as well? Is there a possibility or >> we're trying to get as much done on everything? Correct. >> Yes. If this is board approved tonight, yes, over Christmas break, we will start testing in the other buildings. And we've talked about like President's Day weekend. We've talked about Martin Luther King Day weekend. We're trying to get two or three buildings in each one of those weekends to get the testing because it's a three-day test. >> Okay. And do they have you just work on a proposed plan, but you want to make sure

253we got this? >> Yes. They've told me that if everything's board approved, they'll present me a calendar and that's what we'll work off of. Um, so that's tenatively the plan. >> All right. Once it's approved, if it's approved, is there a possibility we can just get a copy of that so we have our radar with it? >> Absolutely. >> Thank you. >> Yeah, gladly. >> What exactly are they going to be doing? I don't have any contract or anything. Just the resolution. >> Yeah, there's not a contract yet. I need to get a resolution approved to enter into a contract. Um, everything has been ran through legal counsel. They prepared the resolutions. Basically, they will it it'll probably be nine mitigation systems throughout the course of that building. They'll core through the slab and each

254mitigation system typically pulls from about three to four to five classrooms depending on the size of the rooms. It will then the duct work will be ran um out into the hallways above the drop ceilings and then vented out the roof. >> Any other questions? >> Do we anticipate much HVAC load from this system? >> No, we do not because it it shouldn't add anything to the HVAC HVAC system. It is pulling the radon from underneath the concrete slab. So, we're not adding a heating load or a cooling load depending on which season you're in. >> Any other questions? >> Thank you. Roll up, please. M I have no idea what's going on here. >> Mrs. Hi, >> Mr. Hi, Mrs. >> Hi. >> And Mr. >> No passes. >> I just want to thank

255you, Mr. Houseman, for getting on that and getting this ready for our students. So, he is this done over break, which I think is advocates. I know it's extra work and I'm bringing back. Thank you for being fright to us. I appreciate that. >> Next one to me recommends November 11th. >> Second Mrs. Gra first, Mr. Second. Any discussion? very piece of wash. >> Mrs. I >> motion passes. >> Superintendent recommends Madison schools board of education approve the following certificate of personnel items as outlined on the certificate of board agenda attachment. It doesn't matter. >> Mrs. D is first, Mrs. Gra second. >> Any discussion? >> So, I noticed that there are two employees here that haven't had background checks. Have this prepared and that's on both the certified and the first two employees on

256the reason I'm asking is because I know the proof school had a violation that there was a employee there who did not have a background check working who was included in ratio. So the terms mean that we would have um we have these on the agenda. I think they need clear background check. >> So the question I guess on that part I would I don't want to speak for HR. is our process in HR from a day-to-day perspective that um I guess sort of the timing of the board meeting that they would annotate pending but would not do a final job offer until the background and lenture um is confirmed that is typical like when they're they could be still given a tenative job offer which is what that's why that's annotated that's how I'm

257taking it um but once they complete those two pieces then it's a final job offer So us approving this tonight is not saying they're starting but we know this is where they are in the onboarding process. Correct. >> Right. >> Okay. >> So um thank you for that. So what are the safeguards now? What happened with the sighting that uh Walsh was referencing and what are we doing to prevent that? At least >> if I may I can't speak for the certificated as much as I can the classified. A lot of times we'll put pending BCI and FBI checks on there. If it does happen to come back and there's a disqualifying offense, we call the candidate in, explain the situation and share with them that we will not be able to employ them and

258then to explain to them in the interview process that that is the case. So, is there a window in the BCC background check where they may actually be working? >> No, we do not start. Both Mr. Trace and I have talked in the past, neither one of us will start anybody until we get the background checks in hand. Um, typically on the background checks, if there is nothing in that candidates's past, we'll get them within a day or two. If there is something, they flag them and it can take up to 30 days for us to get them back. So, are you familiar with the sighting that Kathy is referencing? >> I am not. >> Okay. So, >> what would you say it the citing >> sighting? You you mentioned that we were cited for

259>> that was on our last um department of children and youth inspection at our um special education at our preschool. >> So, is that something that's Yes. >> Um, is that something that is repeated? In other words, Yeah, I know it is. So, after a certain number of years, you have to reapply, right? Yes. >> So, is that something where maybe they just let it lapse inadvertently or, you know? >> Yeah. I'm not exactly sure how long ago that was and what the processes may have been with people in that role before, but I can tell you as of right now, nobody starts until we have the background checks >> and one of them is already here as a sub. He finally passed his intervention specialist test. So background check is miss if you could

260go through for me. Thank you. We're going to start from the beginning so we can have it on the YouTube and the close caption, please. >> Thank you. Sorry. Sorry. Sorry. So, Coley is already employed as a long-term sub here and he has been subbing in the high school and he passed his certification test. So, what that says is for the state's background test that he has a background check from our school district and is completely cleared right now. That's not So, there's no worries about him. FYI, I don't think he was a new employee. It's not. So any insights into how we have cited or how we discuss before? >> Um I >> So this is way before my time because I have no information on this at all in any March 19th, 2025.

261>> Okay, I'll get with Michael. Please Mr. >> Hi. >> Mer. >> Mrs. Mr. Hi, >> Mr. Hi. >> And Miss Walsh. >> Hi. >> Motion passes. Superintendent recommends school board medicine schools board of education approve the following non-certificated personnel items as a classified board agenda. >> Thank you. >> This is first and second. Any discussion hearing? None. >> I Motion motion passes. >> The superintendent recommends the G for Madison schools board of education approve payment in LO of transportation reimbursement. The Ohio law allows for public school districts to determine the impracticality of transporting resident students attending schools not located within the district after consideration of number of factors. Upon that determination, the school district is permitted to offer payment in l of transportation to the parent or guardian. Transportation Department has completed studies and

262and residents in the affected areas will be offered payment for the 2025 2026 school year. The initials of families being offered payment transportation is attached in executive content since it was student names. Per section 3327.01 of a high revised code. We're declaring the students listed below and practical for the time and distance required to travel, the number of pupils to be transported, the cost of providing transportation in terms of appointment maintenance, personal administration, whether and to what extent the additional service unavoidably disrupts current transportation schedules and whether other reimburseable types of transport transportation are available. >> Second. >> All right, this is great. First, Mr. Hers second. Any discussion? >> Yeah. So, typically we see the schools being affected, not the students being affected. There's I don't see anything here. It doesn't look like the

263typical um document. Could you explain? >> Oh, that's not on. >> Thank you. Thank you very much. Mr. I stutter. >> I miss. >> No. >> Could we um I move that we correct board docs to reflect the actual names of the schools involved as we typically do. Please question on my board docs. It shows the schools and the kids. Yeah. And that's executive content. It's not forward facing. So if you're not wed. >> Yeah. I'm locked in. So I can see. >> Yeah. So but okay. So I still have the motion on the floor. So if an individual wants to see what we voted on and they're not what level, they don't get to see it. >> They don't get to see students names. >> No, I don't remember student names. You have on

264on your printed document the list of the schools, right? So it says >> Oh, I see. It says school and the name of the school, >> right? So you're saying you just want to add the school name. >> Isn't that typical? >> No, we just keep all of it off of the It's never been on there because it's still giving the school. We never put anything on the admin side of it. It's always been on the side as executive content. >> All right. Thank you. Yes, sir. Motion fails for lack of a second, please. >> Next. >> The superintendent recommends Madison School Board of Education approve the special education contracts as outlined in the past. >> Second. >> Mrs. First, Mrs. Second. Any discussion, please? Miss Herson. >> Hi, M. Mrs. Edber. >> Hi, M.

265>> Hi, sir. >> Hi. >> Motion passes. >> Superintendent recommends that the Girl Madison Schools Board of Education approve the Gilport Medicine High School team trip to Las Vegas, Nevada. I move >> second. >> And Mr. Ker as first, Mrs. has second. Any discussion call? >> Hi Mer. >> Hi Sarah. >> Hi. And good luck. >> Yeah. Congratulations to them. Awesome. >> Okay. My final item is uh the discussion topic of hosting a PLC conference on site. Um as you know we saw complication we took a team of 22 people to Tucson uh early last summer. Um we sent a smaller team to Iowa about a month ago. Uh we're all special needs students or stu special ed teachers. And then uh we have a team at California right now for PLC math. Um those

266professional development opportunities have you heard CJ talk earlier, he was one of the 22 that that went to Tucson. Uh they're very good conferences. They're also very expensive because not only do you have the conference cost, you have travel uh and hotel costs and things like this. Um we have been working with solution tree the providers of professional learning community professional development and um we have a proposal to host a solution tree event that would serve all of our teachers, all of our administrators. It would be a two-day event here. we can invite up to a hundred people from outside of the district and charge them a fee to attend which we would keep that money. Um those two dates would be like a typical conference retreat. Additionally along with this uh it'll be customized

267to our goals aligning with where we are in the process. Uh there would also be six days of embedded professional development on site for the 26 27th school year. All the materials um all the coaching summaries recommendations and each uh participant would also get a book. Um when we originally started looking at this the cost was going to be in the neighborhood of 2 >> 270. So when we first talked about this it was $270,000 you get a preference that's 14 individuals are on right now in California it's about 35,000 only so 14 or 14 three of them are um 11 teachers and three so when they first came into it they were able to say not happening no way can't afford that can't do that um but then go >> well I continued to

268meet with them and and talk about different ways we could do this, different ways we could structure it where we take on um some of the ownership of organizing, promoting all the setup and furniture and some things like that. And um because really at the higher cost it was going to be a no-go for us. So we negotiated down um it's a range of cost and the reason it's a range the sixenters that would come um have a little bit different daily schedules so that daily costs so the the lowest range would be 143 325 the higher range would be 181 125 realistically we think we would be about 150,000 >> and if we sold 100 seats $500 a piece. So we would recoup 50,000 back. This is professional development we could do for our

269entire staff for two days as a way to kick off the year. So every teacher would have the same common language, same experience, have the books and then six days of embedded professional development. It's still a lot of money. I understand this. However, um, as you've heard, Adam from before, our financial situation, we are going to have to make reductions and take some positions through attrition this year to look to save money. And the reason I think this is so important is that if you have fewer staff, we have to get the most out of all of our staff that we can do. So providing this kind of support in our PLC journey honestly I think is is very much money well spent um and and you know again you're looking at one group that's

270out there right now versus the entirety of our district. Uh this is not a contract right now but I wanted to propose this. This is something we want to do. we shared with the PD committee. The PD committee um has given the the green light for this and so I wanted to share this with the board to answer any request and receive thoughts since it is a significant financial um financial thing. Now we we also know just this probably matters to Adam maybe more than other people. Uh we could put half of this in this current fiscal year. we could put half in the second fiscal year. And we're looking at the different places uh where we can pull the funds to to do this for professional develop development to really minimize um general fund

271impact. Uh these costs are flat costs. It's not the people plus their travel or or things like this. This would be we'd have an all-in cost with the contract and then again any of the seats we would sell to other districts. um that money will go to offset our costs. Adam, anything to add? >> Yeah, I mean I'm I'm not enthused about spending that much on PE, but we have to have PE for our teachers. So you when you rationalize it where 14 people are spending 35,000 and now for let's say it's only 150,000 can sell the seats. So let's say comes out to 100,000 and you're getting 450 people out of it. You got you got to do the math like that. Um makes it pretty simple. Again, I spend the money with him

272again. CJ came in as a teacher loves the PLC. Obviously, he's working for a district test. So, you got to put some money into it where now 450 teachers for 100,000 getting a two-day conference. I think it's the 56 I think GLA is good with this. They love it. >> It would be our our convocation and open kickoff. >> It's like one. So what's the cost per teacher then that would you kind of >> doubt? Absolutely. >> I mean I was just thinking like compared to what we had before and plus it seems like it would be more comprehensive too, right? >> I mean if you could buy $100,000 where we sell 100 seats and the car goes up$100,000 it's $222 for teacher. Well and yes correct. ask a question. I know that um it's

273been a while, but we got rid of a contract that we were those ladies that came in. They were like I can't remember, but it was professional development. We had contracts with him and it was extremely expensive. >> I'm trying to think. >> Yeah. I can't remember, but I remember it was more than that we were spending. It was I think over 200,000 just for that. >> Yeah. >> And this would be at our high school. Like said we didn't we come here to kind of come in and so we would be the leader of this in the area. >> So is this just an introductory conversation to this and there will be more followup and more? >> It is. >> Yes, it's an introductory conversation to get a temperature check. Um if if the

274board is not against this or I should if the board is in favor of this then the next steps would be to make final decisions confirmation and then bring a contract back to the board for approval with actual numbers and specific details. Would it would it be possible to hear from our um accountability and and learning on this subject please? Does that make sense? >> You want a report from Mike and Carol on this? Is that what you're saying? >> Yes. Is that possible? >> Um, yes. Yes. I mean, they're they're in favor of this. I mean, Mike is at his third PLC conference right now. >> Great. Thank you. I'd like to make a motion to um for us to move forward and the superintendent move forward with continuing to investigate the purpose of

275that way he has clear direction. >> Do you repeat the motion please? >> I can make the motion to approve that the superintendent to move forward with investigating the possibility of having the D Second any discussion first roll call please. >> Hi Mrs. >> Hi M. >> Hi >> M. >> Hi. >> Thank you very much. Appreciate it. >> You're welcome. Thank you for bringing attention. All right. So, here's bring them up. I'll quickly go over you guys can see our revenues for the month were almost 4.2 million. Our expenses were 8.6 million. Very normal process where we spend more money. >> Give us just one second. Nate is not writing on the screen yet. align with our YouTube channel. Just one second. cash flow first. All right. So, as you can see, I'll later

276um we have a 4.2 million revenues, 8.6 six million expenses again normal where we have expenses you know exceeding revenues again our only two months relieved are August and March whenever we get our tax balance in the event that >> yes so but nothing surprising these numbers I have to do my next forecast because sorry four year forecast in February um so in January numbers in February my next four year forecast but all these number I keep on every month projecting all my four years forecast we're still in that what I present you guys a couple months ago so receipts again um it shows obviously 81% of our money comes from state foundation grants eight and another 13% grants eight which again is part of state foundation So 94% of our income for the state

277foundation which is very expenditures 72 and a half% are first personel insurance retirement 20% in virtual services and that's almost all changes from the prior year for month by month nothing big our state 326,000 from last year it's a little bit increase based on the performance index that we got three and a half stars other than that pretty much stay the same um the capital outlay um we did that increase 344,000 from last year in November but that was because we just bought the new network service that we did not last to item I executive session is recommended the local medicine schools board of education executive session for the purpose of considering the appointment dismissal discipline promotion or compensation of public employee or official in accordance with C122 first second any discussion hearing none please

278I >> motion passes. It is 12:30 and we are Four. It is now 4:00 a.m. Uh we have reconvening from uh executive session on to item K. Comments, announcements, and other business. >> Kathy left. >> Yes. Uh please note for the record that Kathy Walsh and John Kers are both left session. Um, >> 2:15, I think. >> Yes. At 2:15 in the morning. All right. Any comments, announcements, or other business? >> No. >> Hearing none, on to L adjournment. Can I get a motion to adjurnn? >> Second. >> All right. This is Grant's first. Mrs. Second Roll call, please. Um, Mrs. Grant. >> Hi, Mr. >> Honor. Hi, Mr. >> Hi. >> It is 401 a.m. Hey tomorrow, sorry.