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Meeting Date:
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Category:
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Convene in Executive Session (a closed session) |
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Type:
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Subject:
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Convene in Executive Session (a closed session) |
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End Statements:
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Enclosure:
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File Attachment:
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Summary :
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The Board may hold an executive session for considering limited matters, including: Real Estate matters e.g. the purchase, acquisition, lease, transfer or sale of real, personal or other property pursuant to C.R.S. § 24-6-402(4)(a); to hold conference with the Board's attorney to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b); matters required to be kept confidential by federal or state law or rules and regulations pursuant to C.R.S. § 24-6-402(4)(c); to be advised on specialized details of security arrangements and investigations pursuant to C.R.S. § 24-6-402(4)(d); to determine positions relative to matters that are or will be subject to contract negotiations, developing strategy for those negotiations, and instructing negotiators, pursuant to C.R.S. § 24-6-402(4)(e); personnel matters, including actions, updates, and Superintendent recommendations involving individual employees, pursuant to C.R.S. § 24-6-402(4)(f); to consider documents protected by non-disclosure provisions of Colorado Open Records Act pursuant to C.R.S. § 24-6-402(4)(g); and/or to be advised on individual student matters, where public disclosure would adversely affect the person or persons involved, pursuant to C.R.S. § 24-6-402(4)(h). |
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Funding:
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Recommendation
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That the Board of Education convenes in Executive Session (a closed session) for purposes of holding conference with the District's attorney(s) to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b), regarding pending litigation, specifically Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071); and, pursuant to C.R.S. § 24-6-402(4)(c), for the purposes of participating in a matter required to be kept confidential by state law, specifically, to participate in a mediation to be held regarding the matter of Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071) in which information and communications related to such mediation are prohibited from disclosure pursuant to Colorado law at C.R.S. § 13-22-307(2) which provides that “[a]ny party . . . in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the mediator or a mediation organization” except in limited circumstances which are not applicable to the circumstances presented; and, pursuant to C.R.S. § 24-6-402(4)(e)(I), for the purposes of conferencing with its negotiator/attorney to discuss and adopt positions related to negotiations being conducted related to the mediation in the matter of Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071). |
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Approvals:
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Recommended By: |
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Signed By: |
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Erin Kane - Superintendent |
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Vote Results:
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| Original Motion | | Member Kaylee Winegar Moved, Member Christy Williams seconded to approve the Original motion 'That the Board of Education convenes in Executive Session (a closed session) for purposes of holding conference with the District's attorney(s) to receive legal advice on specific legal questions, pursuant to C.R.S. § 24-6-402(4)(b), regarding pending litigation, specifically Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071); and, pursuant to C.R.S. § 24-6-402(4)(c), for the purposes of participating in a matter required to be kept confidential by state law, specifically, to participate in a mediation to be held regarding the matter of Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071) in which information and communications related to such mediation are prohibited from disclosure pursuant to Colorado law at C.R.S. § 13-22-307(2) which provides that “[a]ny party . . . in a mediation service proceeding or a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any information concerning any mediation communication or any communication provided in confidence to the mediator or a mediation organization” except in limited circumstances which are not applicable to the circumstances presented; and, pursuant to C.R.S. § 24-6-402(4)(e)(I), for the purposes of conferencing with its negotiator/attorney to discuss and adopt positions related to negotiations being conducted related to the mediation in the matter of Marshall v. Douglas County Board of Education et al., pending in District Court, Douglas County (Case No. 2022-cv-30071).'. Upon a Roll-Call Vote being taken, the vote was: Aye: 6 Nay: 0. | | The motion CARRIED 6 - 0 | | | | | Susan Meek | Yes | | Elizabeth Hanson | Yes | | Mike Peterson | Yes | | Becky Myers | Yes | | Kaylee Winegar | Yes | | Christy Williams | Yes | |
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