2020-09-14 PPS School Board Policy Committee Meeting
District | Portland Public Schools |
---|---|
Date | 2020-09-14 |
Time | 16:00:00 |
Venue | Virtual/Online |
Meeting Type | committee |
Directors Present | missing |
Documents / Media
Notices/Agendas
Materials
DRAFT Revised Real Estate policy 8.70.040-P Sept 8 2020 (1) (98b551122f19d68b).pdf DRAFT Revised Real Estate policy 8.70.040-P Sept 8 2020 (1)
2020 09 14 Formal complaint policy - Engagement Plan (36f623959729fe9b).pdf 2020_09_14_Formal complaint policy - Engagement Plan
Redlined Complaint Policy 4.50.032-P (1a8fa82987703e38).pdf Redlined Complaint Policy 4.50.032-P
2020-2021 Policy Committee priorities work plan (d6fb3de44806a6d6).pdf 2020-2021 Policy Committee priorities work plan
Minutes
Transcripts
Event 1: Board of Education Policy Committee Meeting 9/14/2020
00h 00m 00s
so this is the uh
um if can somebody
somebody who isn't muted can you mute
we're getting
some feedback
okay thank you um this is the
uh policy committee meeting for
september 14
2020 um
and um everything
but we have some issues with uh
materials being posted um
i don't know all the details it sounds
like there may be some issues with
google um that are yet to be
figured out um anyway um
so some of us got uh the materials late
and my apologies for that we're gonna be
kind
problem solve that so that in future
everybody gets things with um
with good notice okay
so um
we've got a pretty busy agenda um so i
want to be
as efficient as we can during this
meeting
um and a couple of people are going to
be joining us
late um i know
liz is um busy until at least
five um is she going to be joining us
after that mary
uh that's the hope i think there was a
glitch uh
in uh in her proceedings so
she may be a little later okay
okay well we're in your good hands so
um okay so we have some
updates for two policies before we
launch into some discussion
about revisions
so we have a staff update on the student
suicide prevention policy
and the student conduct and discipline
policy um
mary are you going to be handling both
of those i am
uh and i wanted to to note um uh the
we had requested the staff who were
involved who are involved in the
suicide prevention policy but they have
um they informed me that they
they were at a training and so they were
unavailable but they will
um but i did want to let you know that
we
met with them last week it was uh
shanice
and rachel oh wait rachel's not here
well um
to discuss um moving forward and follow
and uh with stakeholder engagement
they have they had already done some
engagement
um but they took uh
they reviewed the guidance and with our
assistance
they are developing a plan which they
will present to us at the next
policy committee meeting um and by that
time they will also have some
information of
what they believe they'll have some
engagement already
you know uh under their belt by that
time so um we should have a full report
from them at the
next uh meeting
with regard to the student conduct
policy there's not a lot to add
we're still as uh we're still in the
same holding pattern as we were at the
last
um committee meeting we
the district is working with pat
to resolve some issues around as you
know the
safety provision which relates directly
to this policy and so
those discussions have not begun yet um
i don't i neglected to ask liz when
uh they were um scheduled to meet but
um we can follow up later if we want if
i don't know if liz has that information
but i
don't
um i think that's all i have on those
two policies
so i think um i think we asked this
question
at the last meeting but um
i don't actually remember the details of
the response
um do you know if um
the since the call the new policy is in
a band
and the new policy
language the proposed policy is
substantially different
from the policy that's on the book um
where do we stand in terms of student
handbook
so the pat had asked us to return to the
student handbook language from
27 and we're that's um
00h 05m 00s
and um
or 2018 i'm sorry and um
what we have decided to do this year in
order to
be able to make a quick move once we can
is we have not
created any hard copies of the student
handbook
it's all um it's all online
and so it's the right now it's the old
language it's none of the
language that you see in the proposed
conduct policy
julia i know i can't hear you i see that
you're talking but
can you hear me now now we can
huh that's so weird um anyway i was
going to say
um so fingers crossed we're going to
return to
in school uh learning at some point in
time
how how
will i'm just thinking back to um
the formal complaint that we had last
year that was a violation of
that was listed sort of as a as an aside
in the student discipline handbook but
led to an explosion
and wondering like how
you know how we're going to get the word
out because i think i know as a parent
like you sometimes have to tell people
multiple different ways and something
just like hey here's a link to the
student handbook does not mean
anybody gets it
so i'm wondering how when we transition
back is there going to be sort of like a
grace period
or are we going to just assume like hey
everybody looked at that link
and um you know are there are there's
portions of it that are
more relevant for distance learning that
we should be
like hey this should be covered in like
all school emails
um i don't know if there's a grace
period i think that
i will circle back with brenda and her
team to find out how they're
going to approach this i think uh what i
am hearing and i don't have the
specifics
although we've been um you know kind of
on a separate track of things
the what what what we seem to be
experiencing a lot of
at this point in time is cyber bullying
uh uh and some
and i i i know because i've seen some of
the guidance we're trying to get out to
um our administrators and teachers ways
to handle it
we're also looking at how to
uh we're going to bring in the
office of teaching and learning to have
that part of the curriculum because
it really that we have seen a kind of a
rise
in this hate speech and you know given
that we are virtual it's
just easier to to do these days
so i think that's what i'm seeing uh in
terms of
work it's not necessarily in the student
i don't know if it's a
i think it's in the student handbook i
had to have to look at it but i know we
are
trying to deal with that is because
that's a
concern at this point
so i'm gonna i think i'm gonna make a
request
so if we could get an update
on the status of the discussion
um at the next meeting but also
can we get um
can we get a report on a staff memo
on um
the impact of um
holding the the whole policy in a ban
pending uh and pending discussions with
pat
what kind of impact that has on
practices
at the school level and
and whether whether the phe
issues are separable
from the rest of the policy
like could we could we go forward on a
policy
um extracting out
a portion of it pending
further discussion and then we could
return to the
policy later but like can we can we get
anything in place
in the meantime because yeah
and that may be um i'm thinking of it
maybe two memos because i think
uh the impact of uh the impact memo
would probably be coming from
brenda's department um but they are not
directly involved in the negotiation so
00h 10m 00s
i will also
ask uh probably sharon
would be the best person to ask about
the discussions of what the severability
of of issues yes
call out rita because the
new policy really i think leverages and
optimizes the
racial equity and social justice lens
in terms of um
discipline so i hate to
think that it could just go into
sort of this never-ending discussion
into a discussion that doesn't end or
that we revert back because i think
i do think mentally a lot of people have
already like
yes this is where we want to be so we're
already going there um and if we say
like oh by the way actually
we're not there even though we spent a
year working on it or somewhere else
um i just think it would be it's a
really important question
to answer because they are substantially
different
okay and i'm going to throw something
else out um
let alone say this out loud but um
what would just just so that we
understand
we as a board understand all of the
implications of what we're doing or not
doing
um in the memo on
um like the status of
the negotiations
um could we get an explanation
for an explanation of what
the implications would be if we went
ahead
and um and just
considered this policy
as a whole uh prior to
some kind of negotiated resolution
we can get that for you i i think we
need to know
you know kind of the full range of
implications um
okay any other questions about that
okay all right um so
i will look forward go ahead scott
um haley and i meet with pat leadership
um on a regular basis now
and i can bring this up as a concern
without
we're that way you're going in and out
scott
oh sorry i can bring this up as a
concern
um without getting into any kind of
negotiations talk
but just note that this is really
important to go forward with
yeah okay all right thank you
um okay um so we're gonna move on to the
next item
uh which is a discussion of the
um a revision or some revisions
to the uh preservation maintenance and
disposition of district real property
policy um 8.70.040 p
um okay so we
got um
we got um a a redlined
version with some
uh red and blue actually um with some
suggested
uh um policy revisions from
staff and my understanding
is that um these
these were kind of a combination
of
language revisions coming out of staff
and also staff's attempt to
kind of translate the discussion that we
had
at this committee last time
about particularly around the criteria
for any
decision around um deviating from the
the norm of using market rate for
property decisions um okay
so mary you gonna do this too
i think you're mute i'm sorry this was
not i think claire
and dana we're going to be leading this
00h 15m 00s
up
claire okay uh are they here
this is claire and i'm on the phone
because i was serving neil um
so i don't have i'm in the car so i
don't have materials in front of me
and uh is diana not in the meeting
not right now okay i'm wondering if we
can move on to the next vagina
agenda item and if someone that's not
driving
could text her to see um if she's
planning on joining us
or i just try to call and call back in
okay so we'll move on to the um
the next policy and then we'll circle
back
um in probably 20 minutes-ish
um or however long it takes us to get
through the complaint policy
okay um
so complaint policy um
so there are two components to this one
is uh
suggested revisions um
and and then the second is
the a plan for engagement
around revisions
and um
i wasn't quite uh is shanice
you're on the phone now um
are you going to be um are you going to
be online
visually at some point or are you going
to be
on the phone for the duration
and i'm asking because should we do the
engagement plan first or the
policy revisions first do you have do
you have a preference
yeah apologies i'm just shuffling back
uh to home from tubman
um i know um i think
uh lydia might be here today who he had
uh asked to speak okay
and then we can i can absolutely uh
chime in with
with uh what things as needed okay so
how about we
how about we do the um the suggested
language changes first
and then we'll get to the engagement
plan and you know
you might be home and it might be easy
for you at that point okay
okay all right so um
there were some issues in in getting the
policy um text out to everybody
so um i'm hoping people had
at least some opportunity to to work
through to
you know look through all of it um
some of the some other changes are
um relatively minor some of them are
are relatively uh more significant
um let me start with does anybody
have any general
comments about any of these suggested
revisions
and then we can go through um
sort of line by line um but
but if anybody has any general
commentary
um and is is lydia
okay lydia's here um lydia can you walk
us through
sort of the general um orientation
that was taken with the suggested edit
revisions
um yes uh so
the the the three that um i
suggested as part of the uh end of the
year report
um are notably there
on how we at the beginning um
where uh we want to clear up that
only uh people that live
within our district can file formal
complaints
uh the other one is
the significant one is um
section one uh a
um
there's some significant changes there
[Music]
and then i
uh
00h 20m 00s
[Music]
so this is stephanie can i jump in lydia
yes yes thank you um just because i know
i just glanced at it sorry to be late i
was at one of the meal
pickup sites um the first
set of red line that you see in the um
proposed revisions i think is cleaning
up language that legal
suggested for us so i just wanted to add
that
um now i can't find it where my document
is
and lydia i don't mean to speak over you
i just wanted to no that's okay
thank you
um so looking through on page
they're not page numbered i'm sorry
director bram edwards but
um on the second and third pages i still
see red lines that looks like legal
suggested um
start starting on section b step 3
appeal to the pps school board
we wanted to be clear that
that when we offer public testimony to
the complainants
it's when the complaint is heard just to
make that absolutely clear
middle way through that page we had an
um
incorrect reference to the oregon
administrative rule so we
switched that up um
in section d under other provisions um
because we've had a complaint and ask
for assistance um and
we've shared the type of assistance
we've given before but
we don't explicitly list it out in this
document
we thought it would be helpful for
members of the public to see different
examples of ways we can help them as
they write their complaint
and please feel free to stop me if you
have any questions
um following on the next page number 12
we wanted to clarify that
once a complaint has gone through the
process um
or the time for the appeal has expired
that the same complainant cannot offer
or submit a new complaint on the same
issue
and then lydia have i missed anything
no those were the three that were
suggested
as part of the end of the year report um
the other red lines like you said it was
done by legal
cleanup
okay so we're happy to entertain other
revisions as the committee
wants to to talk about those were the
those are what we wanted to come forward
with
so i'm wondering if somebody could send
me or put the link
or not send me actually the pdf because
i'm online right now
trying to use board books and like some
pages aren't showing up
i'll send it in the chat okay great
thank you sorry about that i don't know
why that's
it's showing for me so yeah it's showing
for me as well
i've got like basically i went on the
materials
we're hosting yeah i'm going on a
computer just
part of it and i have a question um
so uh i'm not sure i
am supportive of re removing um just
given the the nature of the
um
given the nature of the the content of
the policy of removing
that if the eb is changed that there's
not any border view
um the nature of the complaints is
usually it's um
a complaint about something that the
organization
has has done um so in some ways the
board is sort of the third
the third party uh versus so i don't
know that i'm
uh
um anyway so i don't know that i would
support uh removing that
from the policy
um julia i didn't hear what is it
what are you referring to the very first
um deletion on page on well the page
that's the first page
1a
00h 25m 00s
which has the board reviewing changes
to the administrative directive
um let's see then
a
i'm not sure i guess the question i'd
have is we also got the changes to the
age
but i'm assuming we should be focusing
on the
the policy correct
that's my understanding i'm sorry can i
can i interrupt um
anybody who's not talking can you please
um
mute yourself there's a lot of
background noise um julia i didn't hear
what you said could you say it again
oh i was just asking we we had
there were two two red lines supplied
one of the policy and one of the ad
and my question which stephanie answered
in the affirmative was
we should be focusing on the policy
right now because that drives the a.d
so
i guess also on and it's on d
d5 and this maybe is a legal question
um of what the
the threshold of like retaliation and
adding the word intentional seems like a
pretty material change
um to
because that basically means hey we
could acknowledge like somebody was
retaliated against
but it wasn't intentional and therefore
it doesn't fit the definition so i'd be
curious
mary like why we'd add that it's like
retaliation is retaliation whether it's
intentional or not or is this like a
legal standard that others use or
why would we be adding
uh i'd i could let me look up the legal
definition but
retaliation isn't an intentional act
you can't negligently retaliate it's
something you specifically
do to somebody else there may be times
when
an action that you take might have
a negative impact on somebody but if it
was not intentional i don't know that
you could
frame it as retaliation so
um i think and liz made this
uh uh amendment and so she may have been
trying to clarify
what is retaliation it's not a random
act
that might have a negative impact it is
something that is intentionally
done uh to a person
yeah so i guess my um in the past
when i've been involved in things in
which there was
an allegation or looked like you know um
retaliatory
activity is um hardly ever does somebody
say yeah that was retail i was i did
that in retaliation
um i mean most people say well that
you're thinking it's retaliation i was
just doing what
a normal person would do or i just you
know did x but it definitely wasn't
retaliation
and so i'm wondering kind of what that
standard is because hardly
i say hardly anybody ever admits to i
did that
in retaliation or used to hear something
in writing so how would we
you know i guess this is like impact
versus intent
also um
let me as i said i didn't uh make this
let me review what the
with the legal definition is um
um i think you're absolutely right that
in most cases
people are going to come out and say i
retaliated and so what you're looking at
in terms of the evidence is that is the
the link between the impact i'm sorry
sorry uh and that kind of the line
right you're looking at the sequence of
time you're looking at the
you know the uh
the directness of it things like i mean
you're looking a lot of uh
evidence to try to put together what and
prove
intent but i can
um uh i can go back and do a little
research on the legal definition both as
it stands in
because it is defined in the um
for educational purposes as well so
great yeah okay
a clarifying question
on the uh resources that we
are offering for assistance is that a
list of community resources
00h 30m 00s
solid lydia um
feel free to add but i would say um
it would more be a list of offering of
services that we provide
for example if someone
would like their documents translated
we do that on their behalf we pay that
cost of a translator
or interpreter um lydia do you have any
other
yeah so i also had a complainant um
who didn't know how to write
and so she basically
was telling me what she wanted on the
complaint
and um i was typing it for her
so we would come up with a more
exhaustive list
of ways that we make ourselves available
it's not just lydia
but we would have we'd want to think of
a good comprehensive list
just to be service oriented towards
members of the public
um i guess on the one hand i'd want to
frame it as
limited resources because it's pretty
open-ended just to say
we'll provide whatever you need
and then have that for example list
or they have that list of what we're
actually willing to do
spelled out um
but also leave room for doing something
else if we haven't thought of it yet
if it's a reason if it's a reasonable
request
um but i think we should be careful not
to i mean what we're
the purpose of amending this is to say
we don't
do everything for you we're we're not
providing you with legal service you
know
so so just to have that limiter up front
but um but to have that that
comprehensive list of what we are
willing to do
and i think that was a big one um this
past school year
i think people what people thought was
that we would be able to provide them
with legal assistance
so what do we should we just say we
don't do that or
do we already do that i'm looking at
that no
we don't do no it doesn't specify it on
the policy
so you know i had to explain it to them
but it wasn't it wasn't clear
um so in the list of resources do we
can we that are the links to can we just
be explicit that that's not one of the
things that we
offer we could do that yeah
i guess i'm just throwing that out to
the the also the committees or the staff
people whether that's
like if that's what we're concerned
about
shouldn't we just state that like this
is
this is an illegal process right
we didn't sorry go ahead
well i was just going to um sort of
piggyback on
on this um are are we actually
contemplating a list of resources or
are we are there resources
that we can identify now where
that we could just name i mean if you're
talking about
translation or interpretation we already
know that
um and then
because um i i
i'm with scott i mean i'm i'm a little
nervous about
leaving it fairly open-ended because
if i were reading this um and i had a
click on a list
i would think the list was going to be
pretty pretty expensive
um and it sounds like that's not what
we're talking about
yeah i think you're right i think the
list is shorter than
that probably indicates um by
showing you would be clicking on a list
so i think it's
you know help actually drafting it
if someone cannot write
like lydia described we'd find a good
way to explain that
um and then as we mentioned translation
and interpretation
um i guess
those were those are the first ones we
came up with we wanted to also
um i mean i'm trying to think back on
what other people have asked for
um we could just list it directly
in the body of the of the policy if
that's clearer
and we could suggest we could work on
some language to bring back to you
00h 35m 00s
i'm sorry the one other thing i would
add is because we plan on doing
community engagement around this it
would be helpful to find out especially
with some of our students and families
of color that don't tend to use the
formal complaint process
it would be helpful to be able to leave
this a little bit open-ended to see what
would be helpful in terms of
support they would need what would make
them feel like this is a more
approachable process for them to
not only learn about if they don't know
about it already but also access
because i agree with rita that um by
putting
the here's a list of resources that if
you don't have
like a pretty extensive list of helpful
resources that
you will you will set expectations
before the click so one way we may want
to do it is just
changing number two number two to number
one with like the district will provide
resources for complaints to request
assistance in preparing a written
complaint such as translation and
interpretation services
and inputting written information
text into the complaint form so give
like two
really sort of basic examples
um without a longer list and then
then i do think we should have the
delimiter of
this doesn't include like because this
is an illegal proceeding
that's not something that's being
offered but that way
i think you are pretty explicit like
there's limited
support for it to do the basic pieces of
it without
creating a complaint industry
um the the other thing i would say is i
think
i think that mini has an expectation
that
once the community engagement happens
we'll be getting a report and
if there are any recommendations for
addition
we can add it then um but
but at least this gives it some sort of
yeah i mean we need to be limited
somehow um
so i think that makes a lot of sense we
can add in language
um like uh director broome edward
suggested
and start with that as we go out with
engagement
because it sounds like the only resource
not listed there
is we'll we'll write it if you dictate
it
if if you're
not versed in writing we already have
translation called out
so saying there's a list of resources
i'd say scratch that entirely and just
put in the
um and i don't know what the right
verbiage is
if your writing challenged um
will help with transcription you know
figure out the right words there
and leave it leave it be or or maybe
include julia's wording about this is
not a legal process
um but i think if we if we if we're not
promising resources then
the whole legal thing drops out
that makes a lot of sense we can do that
i love you
sorry i got a lot going on right here
my my other question this is um
a legal one on number 12 when we
basically state that um
you know if it's been previously filed
investigate and responded to
i just want to make sure that if most of
these
that that we can do that uh that we're
allowed to do that in terms of division
22 whatever the division
22 rules are
i just want to make sure that we're not
like we're not creating something that's
not allowed absolutely so
um this came about i think from joy
ellis
and helping us respond to some
complaints where um
she said well you're not explicit but
you can let you can you don't have to
accept duplicate complaints
and if we're changing our policy we
should just be very clear about that
up front mary i don't know if you have
00h 40m 00s
anything else to add to that
that was the guidance that i understood
as well
my only question would be
[Music]
if new evidence comes up
after the complaint has been heard and
decided
uh would that be grounds for
a re-hearing i
believe so i would think so but let me
let me check on that
so one thing um
what did you say i'm sorry i missed it
again
if there is you know if new evidence is
grounds for a re-hearing we should
i think we should we should add that
okay
okay can you hear me
[Music]
okay all right um i i wanted to make
sure that the students have an
opportunity to
make any comments or have any questions
uh thank you rita no i don't um
think i have anything other than um i
agree with you
scott in that if there's new evidence um
that should make it uh that yeah that
should make the process open to have a
re
uh rehearing
okay anybody else yeah just one thing i
the language in 12 is kind of unclear it
just says that like complaints that have
been filed and investigated can't be
refiled
but could you just file a different
complaint then
i mean it just refile just means you're
filing this same
exact complaint right i guess to me it's
not very clear
correct so if if a complainant refiles a
complaint with the same concerns that
the board already
heard then
they would not be able to refile it
now if um if
sometimes they phrase it in a different
way
um and so we need to
investigate again okay but could it not
be the same concern but different
instances where that
happened i guess
so for example that would be a new
complaint then if
for example if something happened in
october
uh and there was a complaint made in
october about that and then it was heard
and
uh and then another instance of the same
thing occurred in december
we would treat that as a new complaint
because they're they're separate
matters
but if it's the same if oct if the
november complaint harkens back to
the same thing that happened in october
and we had already addressed it
we would we would refer them to the
previous complaint and say we've
addressed this
i i tend to agree with jackson that
we might need to um clarify the language
a little bit
about what would constitute a new
complaint as opposed to
uh a second complaint about the same
thing
i understand yep we'll work on it and
we'll we'll get you some
uh different language okay
so i had i had one other issue in um
b the step three appeal to the pps
school board
the the language says a complaint may
submit additional written information to
the board and may provide testimony when
the complaint is heard
so we've had cases in which um
the well the complaints offered provided
additional information
but so has the district
and sometimes that information has been
provided at the act
maybe the board got an advance or it's
actually provided at the meeting where
we're about ready to vote
and it seems like
um so that all parties have
all the facts that are being presented
to the to the board
that um we should
um
i would suggest we should add language
that said something like the complainant
or staff may submit additional written
information to the board um
00h 45m 00s
and you know staff and the complaint
will have access to it
so that we don't have cases in which
only some of the parties have some of
the information
and it's it's not a judicial proceeding
but it just seems like i think it's
already can be somewhat of an
intimidating
experience for parents or students or
parents with their
their children to come into a meeting
and if you don't know if you don't
you haven't had access to everything
that the board
has been provided to the board i think
it makes it uh more challenging to
sort of share what your concerns are so
i would just add i i would like to add
something
in there that everybody gets access to
all the information
before the board votes on it so that
it's
so it's kind of clear what the
information is
unless it's a student there's a student
privacy issue what what the information
is
that the board is facing its so
deliberations and vote
on so do you see that as coming in
under um a so under two
if they if the complainant appeals that
what or once they appeal to the board
all materials that are provided to the
board will be provided to the family
yes or do you want it and b i think it
makes more sense
but
it seems like there's already in that
sort of introductory paragraph
um a place where we're saying that the
complaint can submit additional
information um
i from having talked to some complaints
afterwards they
they're like what do you mean there was
additional information it was like
well you know just like you were able to
provide additional information
and sometimes what the complainant
provides an additional written
information
the district feels con staff feels
difficult to respond to
but it's just like everybody should have
the same like when we walk in that
room to make a decision everybody should
know
what information is going to be the base
is the basis of the decision making
so language that says both parties shall
provide
all information that is intended for the
board prior
in a timely manner yeah yeah
we'll put a uh within five days
because a lot of time i mean does that
seem timely
that seems like maybe unrealistic
okay
well so for example somebody submits
something
you know three days before and it's like
oh we should respond to that because
like i have some additional information
um
at least the day before yeah i mean that
what
what i'm was more thinking of and
i'm open to what that time period is but
i don't think it's fair when we say like
hey you're going to come in you get 10
minutes to say your piece
and then they come in it's like oh by
the way the board got this
you know a whole new proposal or here's
here's what the district staff is going
to do
in response and then they're like oh
well like my 10 minutes the things i was
going to say
you know i'm going to reorder it because
i didn't know you were going to
offer that and i think just in fairness
i mean
and if i mean one thing i may have the
in
the the impact it may be
is maybe we avoid some board
having having the even the executive
sessions or the sessions where we're
voting on it because that may be
the way to get to the way we things are
resolved not actually at the board
vote um i think if it
uh maybe the language uh at least a day
prior and then that gives
everyone the opportunity including the
board to review
what will be presented i'd say and the
complaints and
and this is more like an administrative
directive or just even the practices but
so that
and i've had several conversations with
stephanie
and lydia and roseanne about this is
just the complainants
knowing what to expect in those sessions
because
most of most of those people that have
to afterwards or even before
it's a very intimidating not because
we're intimidating people but just
the nature of it i think a lot of times
um
when they've gone gotten to that point
they've gone through
a lot of different things and so i think
the more that we can just share what the
process looks like
00h 50m 00s
the more comfortable people will be
in the proceedings we don't want people
to feel i think uncomfortable
or intimidated
yeah i agree julia um maybe it's there's
a reference to it here
as you and mary have discussed but we
also be explicit in the a.d
because we do that um we do that now
and um it's a practice but it's not
necessarily written down but
a lot of it based on the conversations
you've had with us we want to make sure
we do get the same information to
everyone
beforehand we don't want to set people
up so they feel
you know like they're missing some key
information and walking into something
without being totally prepared i mean i
had a couple people
i didn't know the principal was gonna be
there it's like well of course they're
gonna be there they're like
you know part of the you know what what
happened
and so i say i think just minimizing
surprises
um so that we have a process that's
respectful
to staff and to the
the complainants and certainly to
students
um but by the same token
um it might be
uh we we might want to
clarify here that some of
these hearings will be public and some
will be an executive session
um that's a great um
ad rita because i think that's the other
thing people especially with virtual
meetings
is never quite clear like are we in a
public session
or um
or or not and then
so it's clear like and whether we're
going to vote in public or
in private
right and um
and even if it's an executive session
some of them
you know under certain circumstances now
um media can be excluded
but generally speaking not um
so some of that can probably go in an
administrative directive
but i'm thinking most parents most
complainants
may not know that there is an
administrative directive
and that they ought to be looking at
that too um
but if we could figure out what level of
specificity we can put in
in here in the policy i think that would
be helpful
yeah i agree that was really important
to include
and the ad is fairly simple because we
line out the steps so comprehensively in
the policy
so um i would recommend probably doing
it in both
but that's a really good ad we
could add language that some will be i
mean more generally in the policy and
then
uh as we've done in some other policies
at a hyperlink
that will take you to the specifics does
that make sense
yeah yeah
um so can i
um i had a couple of questions and then
i have a suggestion for some additional
language
um so let me ask my question first
um because i think i know the answer but
i want to ask you anyway
um for a while we had a
hotline for um
for complaints about sexual misconduct
um am i correct that we no longer have
that
i'm sorry so for a while we had
a uh in a non a hotline
that was available for complaints
about sexual misconduct um am i correct
that we no longer do that
we don't have that we have instead we
have just created a
um a workplace harassment hotline
so we have an email and phone and a
direct
phone line because under the new
workplace harassment
statute includes sexual harassment and
so
i'll go ahead but that's only for
workplace right so that's only for
employees
right and then for uh under the in
the title nine website there are uh
two resources that are listed one going
to directly to
our title ix director the other one is
safe oregon and those
are both on the title nine
web page
okay so there is um um
there is an ultimate mechanism okay we
probably haven't we probably need to put
that in here too
um so it's you know we have
00h 55m 00s
there's a thing um
so the list of types of complaints
um
uh it includes health and safety which
in in our heads include sexual
misconduct or
abuse of some kind
but and then we
underneath timelines we say that time
limitations
under certain circumstances can be
extended and
one of them is sexual abuse or conduct
but we might want to add somewhere
um that there
you know for certain kinds of complaints
there are other mechanisms available as
well
and um
and i would think
so go ahead
there there is a section where
um it talks about anonymous complaints
i'm wondering if we can add to that
that's what i was thinking yeah
um because they wouldn't necessarily i
mean they might be anonymous but they
might not
um so
you know i mean instead of labeling it
anonymous
i don't know make see something like
other
complaint mechanisms i don't know
something
um and we also might want to include in
there
the child abuse hotline just fyi
okay um
anyway um okay so the um
uh just to i also have a few copy edits
in here
and i'm saying that out loud so that if
i don't send them to you in the next few
days
somebody snag me um they're not big but
anyway um the proposal i would make
is um i'm not quite sure where this
would go
i think it would probably go at the end
of other provisions
d um and
and i drafted some language it probably
needs
refinement but anyway this is i don't
know where i'm headed
and rita you wanted in you're thinking
in b
um
so we can we can mess with the language
but
uh something like since the board acts
as an appellate body in this process
once a formal complaint has been filed
individual board members should refrain
from direct conduct with complainants
or undertaking individual investigations
or individual activities
outside the formal complaint process
i thought liz said that we're not this
isn't a judicial
proceeding nor is it an affiliate
process well it's not
and we might want to we can mess with
the language but
i mean we are hearing appeal so
you do have i mean the board
the board is the kind of the the
designer
okay yeah um
i i think we need to have some level
of distance from
from the complaint process in order to
be able
i mean if we're supposed to be an appeal
that means that
we're not supposed to be directly
involved with the thing that is being
appealed
i wouldn't agree with that language um
so you can come up with some alternative
language um
why don't you um
send it around but i know earlier when
um we had this discussion
that um liz is pretty clear it's not
it's not a judicial process nor
an appeal process it's just a complaint
a complaint process
but we say throughout that these are
appeal
so either they're appeals or they're not
appealed
01h 00m 00s
right but they
if their appeal then
it's true it's not a judicial process
but
um
any any kind of appeal is supposed to be
to
someone who has not been directly
implicated in the
thing that is being appealed and if
individual board members intervene
in the middle of the complaint process
that
kind of undermines the that distance
that i think needs to be there if we're
going to do if we're actually going to
serve it as
an appeal how would we
um besides the half an hour meeting
how would we get receive information
from the complainant
we have uh obviously ample opportunity
to get information from
um staff if it's they if the
answers are provided um
how would you see
board members getting information that
it does not reside with staff
we get written information it's not our
job to investigate
it's not i'm not investigating i'm just
saying asking
a question which is different from
investigating
so can we get in from outside of the
hearing
well that's always good i'm saying
outside of the 30 minutes
that we have when we're about ready to
to vote
how would we get that information
god did you want to say something yeah
we get the written complaint
and their response all the way up
and then we hear from them and we know
from experience that there have been
times where we've said
okay wait a minute um
there's got to be a better way to work
this out
based on what we heard from the
complaint
so i i think there's plenty of
opportunity
for that to happen and that's
we've seen that in action
and i think if individual board members
are conducting separate discussions with
complainants
then the issue that you brought up
before about not everybody
at the hearing having the same
information
i mean if individual board members are
gathering
information through sort of extra
process i want to say extrajudicial but
i mean
like a separate complaint
mechanism that means that the full board
cannot fulfill its capacity of of having
um serving as an appeal
because we're not all going to have the
same information
well we'd all have to have the same
information from staff then as well
so this this goes to like my earlier
point
of not everybody having
the same information so we've walked
into an executive session in which
a whole bunch of new information gets
provided by
staff that maybe some board members have
and some some don't
i completely agree with that i mean i
yes i
i want to have a a process
where everybody has the same information
so we all know
we we can all individually and
collectively
make um a well-informed decision
based on the same information
so going back to the timeliness it seems
like it
there may be uh
multiple
facets to this where we provide as soon
as appeal and appeal
is requested we would provide
everything it would be incumbent on the
on us to provide everything we have thus
far
so the information and the responses
from the both the district side and the
family side
and that can be done you know as soon as
the the request
01h 05m 00s
to appeal to the board is made and then
oh there are actual games okay all right
we do that as soon as we can get a board
confirm confirmation on the board date
lydia
and roseanne work together to get that
communicated
but we also have a board packet that is
going to come out
the thursday before the board meeting
that there will be
a summary of what happened
and all of the materials um
so there's there's it's a two-part
process
it's already in place okay
so again i want to see the specific
language
um i will say that um
is are you suggesting uh rita that it
just be
the actual complaint
sorry i don't understand the question
okay so here here's an example i'm
trying to think without being too
specific
um we had a complaint um about
something that was missing at a school
and
i'm kind of like wow you can get
expelled for that
um which seems
interesting thing to be expelled for
and i talked to a couple people
we talked to a couple retired principals
and they're like
of course like here's how serious that
is and here's what happens when you lose
that
item because it's so important
and so that wasn't talking to the
complainant but certainly
gave me an appreciation of what it's
like
when i'm getting ready to vote on
upholding a student's
ex expulsion and i'm kind of thinking
hmm i don't know about
about this to me it was useful i wasn't
investigating but
i talked to a couple retired principals
about
well what would you know how would you
have reacted if you had lost
or this had been stolen from you and
their reactions like gave me a lot of
insights into
this the serious how serious it was
um and so
i'm my question was are you talking
about just like not talking to the
complainant are you
saying the only source of information
[Music]
is like your written record because the
other
the other thing just on that um
on that particular issue i talked to a
couple
expulsion people who do explosion
hearings for the district
and the whole district process which i'm
glad we're changing now about how people
were under the impression
that explosion office were officers were
under the impression
that those things were essentially
expunged from people's records
when in fact they um
when in fact they're not um was also
like i think helped me think through
how i wanted to approach it and then
from a policy standpoint
some things that probably we needed to
change but it wasn't from talking to
the complainant about
the complaint but it was having a better
understanding
of the process and actually i think
coming up with some things that
probably need to be changed
so i would say um i think absolutely
board members should not be having
individual discussions with complainants
once a once a formal complaint has been
filed
um i think that's completely
inappropriate
um in terms of getting additional
information
my preference my personal preference
would be instead of individual board
members
asking individuals for some information
which then does not get conveyed to the
rest of us
i think it would be better if we had a
system
where individual board members would
send a a question to staff
and then staff would come back with
information
um that would be available to all board
members
so that we can all walk into to a
hearing
with the same level of information so
that we can
all make well
deliberate decision that would be my
personal preference
01h 10m 00s
sometimes there's a culture of
discouraging asking questions
just saying
what does that mean well i think it's
like hey this is going to take a lot of
staff time to
answer your questions or you don't you
don't get the
answer before you actually have to make
the decision
so i mean it would just it would require
that if that's
that's the process then it
then that's the process not that's the
way
we don't have questions asked
well i mean i i think we ought to have
processes in place that are
doable and produce the kind of
information that we need
in a timeline that we need um
i mean i i agree i agree maybe
so maybe um maybe one way to deal with
this
would be um there's a 30-day clock
when a um
when an appeal um is
made to the board so there's there's a
30-day window
when everybody when staff at least know
that there's going to be a level 3
appeal to the board right and
presumably pretty much everything has
been done already
the only thing necessary at that point
is to compile the information and
compile a staff memo
um which is required within 30 days
already
we have to we have to offer the appeal
opportunity
within 30 days of receiving it already
right yeah so i mean that's already in
place um
we have been getting the materials
um only what like five days in advance
of a hearing
how about we say we need to get 10 days
in advance
so that any questions that arise can be
dealt with
by staff instead of board members having
to
pick up the phone and call people
that they may know through other means
so and that wouldn't even have to be in
the policy that could just be an
adjustment of
internal practices
i mean it's helpful to get the
information at the very beginning anyway
because
i mean we've had some complaints i'm
trying to think there was one that was
hundreds and hundreds of pages
you got to the end of it and it was
arguing about
whether we'd offered dozens of meetings
or
you know whether it was actually dozens
or less than a dozen
but that was like you know something
like i can't remember how many pages but
it
was something like four to five hundred
pages it was some obscene amount
so it would be good to get those in
advance um
anyway so i mean if
if that's what we're talking about that
would resolve your concerns about
this um suggested revision
um we can take that offline we don't
have to do it at the committee
not the committee level did you send the
language around like i say i
think part of it is process but also
it's process implementation
um because it
i just want to see like how it actually
okay would work okay so why don't we
um we've gotten off topic in terms of
the policy language
and i'd like to see us go back to that
and
right so yeah we'll i'll i'll send
around
my suggestion are there any other
any other discussion about any of these
suggested amendments or
anything else just uh just one
concerning the most recent topic of
discussion
um in that i agree with you that
no board member should have an
individual discussion
with a complainee however i don't know
that discouraging
individual research is necessary
um just i i just don't think it's
necessary to uh
say that a board member couldn't if they
wanted to
talk to others
well um
okay i will send this language around
and then we might need to have another
01h 15m 00s
discussion about this
but um why don't we why don't we stop it
here um
and uh anything else on this complaint
policy
um so should i just circle back i don't
want to re-raise the
issues i raised later i just circled
back i'll send it
to liz and i guess we can
discuss it at the next the next time or
send around
language um are we going to talk about
the community
um yes yes but um
okay so so julia you send around
any additional info that you want us
to have um i'll send around the language
plus
some copy edit that i had um and then
um we'll bring it back
probably at the next committee meeting
okay um we're in documents
[Music]
i'm sorry when we get the word document
sent around
the a word document
and word um i don't have it in words so
can somebody get us a word document
yes we can do that okay okay thank you
um okay the uh community engagement plan
for the complaint policy
um who denise are you gonna talk about
that lydia who
he's gonna talk about that yeah i'm
happy to
to start us off um so i know
um a couple of weeks ago the process
began
with the user guide uh in looking
through
some potential um groups um
especially folks who may have
participated or
have previously filed um
or engaged through the process before so
uh various kinds of groups to
to think through in addition um to
completing this user guide there's some
thinking around
how to bring the potential
suggested revisions in those discussions
to get further feedback on so
and in terms of timing i think there's
some finalizing
happening with the plan and um
i know lydia had some conversations with
danny and others
um as well um and i'm not sure
what if we would add any more to that um
in terms of where we are
do you have any sense of timeline for
this
um engagement process
so we we um based on our conversations
well
based on conversations lydia had with
shanice and danny i'm not gonna take
credit for her
work on this um i we recommend to be
pretty comprehensive actually
the engagement especially like i said
earlier if we want to
learn and learn from but also
introduce the the process to families
and
members of the public that don't really
know about it
and we know that's based on our
demographics that tends to be our
students and families of color
so um it's kind of comprehensive we
wanted to
give you the list of who we were
thinking of um sort of groups we were
thinking of
and we also talked about putting
together some sort of survey
just a general survey for um
former complainants um to get some
general
feedback which we have not put together
yet i mean this could well take several
months it's not
um as i'm learning it's not something
we get to turn over to a team to go do
it's
really incumbent on the people who own
the policy right
so um i just see in this virtual
setting we're in uh
it would take you know i would say
before the at least until the calendar
end of the calendar year to get some of
these conversations and information
pulled together
so we did we left it as tbd in the
document
just to get this committee's feedback
before we proceed
lydia please feel free to share too oh
thank you you covered it
you covered it all thank you
so i think this is a really good plan i
guess one thing that i
um i'm worried that
sometimes like the immediate um
really um
01h 20m 00s
has a uh an outsized
impact on on kind of what we're thinking
about things so i'm thinking
it's this past like the last four months
of the complaint process
that we shouldn't let that overshadow
like all the other
um complaints because i think we've had
some
unusual like you know just more unusual
activity than normal
um and so i think that's kind of like
one bucket
of sort of feedback we can get but
there's a much broader
set of feedback potentially that's
available to us but i one thing i
i worry about um that we might get um
it might be hard for people or people
might be reluctant to give feedback
because they're
i mean by the nature of it are you know
potentially giving critical feedback to
the
the entity that they're being critical
of
um so thinking about ways in which we
really can
get authentic feedback um
in settings um
in which uh people don't feel
intimidated or
like they don't you know i'm just i'm
giving feedback to the very institution
um that you know that did this
um and so shanice i don't know
like what techniques your team would use
to
um really create a safe place for people
to feel like they can
share um sort of their
experience in the process especially
people who have been through the process
because i do think it's pretty stressful
on many people
in the in the process and i think it
might be hard for them to say like
here's
where i've i didn't feel comfortable
or i felt the district was like giving
me the stiff arm
or we didn't get all the information or
it was
just some concern that i would have is
that we wouldn't get
sort of unsanitized feedback or people
would feel safe
providing feedback to the larger entity
so i think maybe there's a question for
chinese
thank you director brent edwards um yes
he can definitely
continue to think through some of those
considerations especially
for folks who um are
feeling satisfied with their experience
in the complaint process to
them have have meaningful ways to
respond to what that could mean to
address
address it um now um and so
um i think both um for
folks who have participated um i think
there's
uh some data that will eventually
be potentially talked about too a little
bit more but
um as we both reflect on folks who've
engaged through the process
and that's critical and important and
also
uh have uh some thinking around
doing engagement with with other groups
um students um and
in diverse populations and what that
might look like
to think about um how to make uh
make this both more accessible to folks
who
um are underrepresented maybe in
accessing the service and also um what
it looks like
to address where we have
uh maybe experience issues or concerns
so that's
something we want to be uh at the
forehave at the forefront of
our continued discussions and design
uh of these spaces um
and uh want to make them of course uh
safe um for people um to
show up with any perspectives or
tensions or views that they have on on
how we can shape
shape this work
okay um any other comments about the
plan
um so
one um other group that i'm not seeing
here listed um
that it would i'd be interested in sort
of getting their feedback
um and i know we don't deal with staff
complaints in
this complaint process that's something
else
but i know lots of staff get involved in
complaints because something happens at
a school so you have the principal
01h 25m 00s
and i would be interested in
knowing like for example if papsa had a
point of view
on like how this policy um
plays out for you know principals and
administrators who are you know the
people
usually who are kind of on the front
line of what happened with the complaint
or often is
so i it would i think it'd be useful to
get their
perspective as as well
that's a great idea
so okay are we getting are we getting
community feedback on the whole policy
or on the specific changes
so i would do it on the whole policy i
mean um
we listed the changes we were coming up
with we were proposing
you have others but i think because
there are so many families that
um really don't know i'm my guess is
they don't know about this process and
policy
that we would want to get just general
feedback as well we certainly wouldn't
want to limit
it to just the proposed positions
my understanding was that yes we wanted
feedback on the tweaks but also we
wanted
feedback on we've been doing this
different policy for two years how's it
working is that correct
and that's why you want to such a
comprehensive process
yes okay yeah yeah i just wanted to
just want to make sure that's where
we're at
[Music]
okay um we're way behind schedule
so i want to move us along um
uh can i make one request um
i know i know that it's difficult to
um to really estimate how long
anything is going to take these days um
but i would ask
and and i think in this case in
particular we want to make sure that
we have an engagement policy that um
that really does give us a comprehensive
view of feedback
um at the same time
we also need to be attentive to um
you know we wanna if we're
going to end up making any changes um we
want to have enough time
in the school year to be able to process
those as well
so i think my request would be um
if you could um shanice if you could
give
us a um
a kind of a status report say
i don't know beginning of november maybe
um
just like how it's going
you know what you've been able to do
what you still
want to do um and then um
uh if you could give us kind of your
best guess
at that point about how long you'd need
to
kind of complete it
then at that point i think we can
we can set another kind of milestone
i don't know beginning of january end of
january for another status report or
something like that
does that make sense like just coming
back to us
beginning of november with um
where we are and and rita i'm just going
to technical point
and i'm coming in late forgive me for
being double booked
um i think that what we're trying to
establish with the engagement process
is that the the subject matter experts
for the policy will be responsible for
updating the board not
chinese on every policy will be
consulting but that that role belongs to
the subject matter experts
okay that's fine somebody said who's
that
somebody come back to the beginning in
november okay
is that and then happening in lydia yeah
okay so i think okay and then
then we'll take it from there and see
how things are going
okay let's say that we're not going to
use shanice's
expertise to help us figure this out and
work through it but yeah
it's not on your team shanice to do all
the engagement
that's why i was trying to uh build in
some time because i'm
it's a little overwhelming to thinking
of getting it done
in our schedule but we'll do it yeah
okay
thank you so so let's um
i'm gonna stop up here um
we're waiting on schedule so i want to
turn
to the real estate policy and
01h 30m 00s
i think i saw dana and
clay i i want to in fairness as the i
want to not take away any of their
subject matter expertise but i was the
one who was merging
the various level of input so i'd love
to frame that and then have you have
access to everyone that
you need for this um rita um
there there are three types of edits
red line edits in the document that you
have
there are some technical edits about
rights of way
and short-term leases that came from the
real estate team
and as we you've seen these on consent
agendas this is an effort
for to to open up for discussion whether
the board needs to approve each and
every one of those as parts of
development projects or if
this modification would allow those to
be
uh processed more cleanly there are also
edits that are my attempt to capture the
ideas you all discussed three weeks ago
at the last meeting about the below
market terms
and those are the bulk in the middle and
then there are a couple of
additional edits um
that are two different terms and in
trying to be efficient here with the
osba
uh comparison review process
that we decided to put in for your
consideration so to not have to
revise the policy and then have the osba
overlay review happen
again to put those all in the mix
together so
there's it's a bit of a bouillabaisse of
uh policy uh revision inputs
sorry for the dog um but i think that's
the setup i want to get you the
the the below market term issue
is really this is a discussion point for
i think the board
members on the committee to further chew
on
okay um
okay um do we want to
uh why don't we just leap into the
discussion about the below market
terms um because i think that's that's
the really time sensitive
portion of this right um
okay so any comments
questions got a question um
in the paragraph leading up to the a b
a to f the last sentence that says any
express finding justifying less than
market term shall consider the following
factors
does that um is that implying
that the there would be a
quote express finding by the board
um like that you'd have some formal
process like the board fines
you know ac and f are in play and
therefore
um it can be you know below market
firms and or less than market terms
and then the staff can execute on that
is that is that what how is that
how it happens or so when you look up in
that paragraph
before that it requires
maximum market value unless the board
makes an express finding
therefore staff can have a
market okay it it seems like we might
want to just
say that because i don't know that um
seems like a legal
construct
we can wordsmith it yeah i think but i
think there's no ability
the staff doesn't have the ability to
deviate from the policy
without the board allowing it to do so
you you could simply
approve a lease as a variance to the
policy without making findings i mean
you could do that that's that's another
option of the way to structure it but my
sense has not been that's the direction
the board wants to go and
and the findings language is is uh
historical right so we added what it is
but the
the mechanism is something that's legacy
language
which it doesn't mean you can't change
it but
i guess i would just be interested with
the plain english like translation of
an express finding so like they adopt a
resolution that finds
that less than market terms based on
these criteria
you know apply to a particular property
sure
01h 35m 00s
it was unmute
um right below f there's a phrase
that says the board may also apply these
criteria more stringently
in the case blah blah blah
so those are factors but they're not
criteria
if i understand that right criteria
would
be an astringency implies that there's
like some numeric value or
an off on switch or something like that
i i think this is a rough cut first
attempt i think the criteria versus
factors is distracting and just poor
drafting on my part
but the idea is that the hurdle like you
you could make one decision it gives you
permission as a board to make one
decision in a lease
and another on a sale and you might not
treat this the same facts
the same way because it is a permanent
um disposition and one is
for a limited period of time again you
that that was what i heard in the
conversation
some strand of that in the conversation
three weeks ago that uh
again i accept um all critiques of how
i've captured what you were
talking about and uh so i think this is
good discussion for that but
that's the origin i'm not critiquing i'm
just i am
uh yeah um
yeah if i'm critiquing anybody it's the
board
um you know i
personally have not sure that
i want to go in this direction but i
understand that we're
this is on the table and um so
um that's i just gotta throw that out
there
uh can you i'm gonna push you a little
bit
can you say more about that what does
that mean
um i'm not sure we should uh
ever sell property for example or it
should be
really really limited
um i'm not sure we should ever cut
anybody a deal on the lease
just lay that out there because that has
costs um
and so i guess maybe what i'm missing
from this
[Music]
where i would feel more comfortable if
we specifically
talked about a cost-benefit kind of
analysis
because if we if we just go through oh
well
they meet these criteria so let's um
let's cut their lease in half i think c
c tries to get to that in that list
scott
um but i think it can there are
definitely ways to make it more explicit
as that is kind of an overarching
framework
for how we proceed
okay um
i didn't catch that last part scott i'm
sorry in case
would be that there's some kind of net
benefit okay
net ongoing
i would seconds what scott's trying to
say like a long-term benefit not just an
immediate benefit that lasts one to two
years
and then later down the line we find out
that
that disposition of real property
doesn't really benefit us at all in the
long term
so um i also let's see
i also didn't understand the next
paragraph that
says if reasonable attempts
uh at disposing a property
i'm just not sure what that means i
i think it's an attempt to say if you
try to sell it
and you can't like it's an undesirable
property it's hard to assess market
value it's trying to give you an out for
the thing you can't dump when you're
trying to dump it and
it's how i we we pulled that for some
other sample policies to be clear that
01h 40m 00s
did not come from the board
but that was that's a in fact i think
that's from the osba model
rule so it gives you you have market
value disposition
you have below market value because
there's net benefit or however you
define it
or you might have somewhere they're like
what you got rid of it for
you know a song but that's all maybe
that is market value and i think this is
a rare circumstance but i i
that was my understanding of what that
language meant
i we can clarify it or we can take it
out but it's sort of that that just
catched all there's a reason to get rid
of this
um and i presume it to be like
a weird shaped parcel of land somewhere
right you have some straggler
piece that's less than a full something
that's the kind of thing i envisioned
when i read it but i'll
i did not ask the people at osba what
they intended i'll be honest
so can i interject here um
i think i want to go back to the
legislative history
of the um the policy that we're amending
here
um that the
uh the intent
was to limit the district's
um ability and willingness to dispose
of property um
and the reason behind that was
um pps has a history
of disposing of property that
they declared surplus during a period of
low enrollment that um
turns out you know would have been good
to keep
um and and i
personally i agree with scott that we
shouldn't be selling property periods
um public property should remain in the
public sphere
um so
i am not personally um i
am not eager to enshrine in
policy mechanisms for pts
to um to dispense with
properties or or get
um less less than
fair market value for the use
of properties and it it feels to me
like some of this language is
kind of ex excessively permissive
um especially that that second to last
paragraph which is you know
you know if you if you want to dump it
we'll figure it out
we'll find a way um which i think is
what we did in the past
with disastrous consequences i i don't
want us to dump stuff
so you know i i want this policy to be
as difficult
to uh manipulate it
and i want to really defer to dana and
kirsten and claire on this issue there
may be technical transactions that they
or think
they think of with that language i again
i want to be clear it came from the osba
process as we're trying to merge this
but
i think their voices are important if
there's something we should be thinking
about that we're not
you're asking is just about the
disposition piece
yeah i mean i i i i totally hear where
um the board members are coming from
and i'm not advocating i'm just making
sure because it's
that we're we're thinking of the kinds
of transactions
that come before you that you have to
deal with with this policy
does that language is that unnecessary i
mean the board can always by resolution
wave its policy
anyway so i mean to some extent you
don't even
you can solve that problem but is there
a different kind of transaction where
that language is helpful or not
just before because i before we got it i
just want to make sure we ask that
people actually do the work because i'm
not
at the front lines of that sure i
at the disposition we we rarely see the
only
property we typically dispose of is in
the rights of way
and things like that are very you know
like 100 square feet or something of
that nature we haven't
since i've been here sold except i
shouldn't in washington high school i
take the fact we did sell
washington high school that was the
agreement made several
years ago so um we sold that extra piece
of property so
um we haven't had surplus property right
this is a surplus question surplus that
you can get sufficient return for
01h 45m 00s
i don't want to belabor the point i just
thought since you guys actually deal
with this
we should hear from you yeah dana the
one thing i would add is that
historically we have disposed of quite a
bit of property
when we had a significant amount of
surplus and
i think the um current board raises a
good point
that um that it wasn't always to the
district's long-term benefit in terms of
at market rates and
um so they they did make a change i want
to say a couple of years ago
that was um making it so that it needed
to be market rates so
i do appreciate the current sentiment
and
i think that um even uh
you know a short uh reducing a lease is
a little bit different than i think of
disposing of it permanently
um especially the one piece that
sticks with me is once we dispose of it
at a lower market value and then that
other entity
no longer needs it and then they sell it
at market rate that's really difficult
to have happen so i don't know how
um that would be worked out
yeah so i think um it's probably
worthwhile
to sort of bifurcate
the the two issues because i think one
is permanent
and i think you know once you do it you
like you can't undo it
um so the question i had a similar
question
like that scott had of
like about that specific um
you apply these criteria more
stringently because to me
it then felt very um
maybe subjective um
the process and just like if we're gonna
do something permanently
i think i'd wanna have um much more
sort of objective right criteria
if we're gonna do it but for the sale um
and so to me that needs to be really
built out because to me that's a very
different it's a very different concept
than
i guess when i look at the
lesson left and marker terms
i kind of think well there's like the
hey somebody hasn't managed their
organization very well and so they're
short on cash
and they're asking the district to like
give them a break
because they serve pps students and then
there is
like we're in the midst of a pandemic
every session
you know a whole host of things like a
you know set of circumstances that may
only happen
you know once a century um and
that to me is like a different set of
circumstances than
hey you misjudged your enrollment or
you know or you're not running a program
that's attracting people or whatever
like say you're like you have your cash
draft and you're looking for the
district
to bail you out or to give you less than
market terms
which you know could be any number of
privateers versus a very specific set of
circumstances
which i think and the bar being higher
but i do think like we're in a situation
right now
where like do we want to
have an entity or organization that we
work with
um potentially because
we insist on market terms in the midst
of a pandemic in a recession when
everybody else is making adjustments
like we're going to be like no same set
of terms even though there's a statewide
eviction notice and everything else
so that's i guess
i think we should divide them a couple
different criteria but the first set of
criteria i think if we tighten them up
to
to me what i think this captures what i
heard
in a larger board discussion um not just
this committee but like the other
other board members of here are some
things that we would consider
especially in this pandemic recession
can i ask if if people are not talking
to space news there's a lot of
background noise
thank you
i do think it's important to distinguish
between
a business that is into property
management
and you know you it's it's
you're taking on risk and there's
profits and losses
and so on over time and the public
entity
um when a business
might lose some money you know that's on
the owners of the business and the in
01h 50m 00s
in individuals if we get less money
that's on our students um
so i think it's important to distinguish
between
a more market-based
um setting of lease leases and rents
versus what we're in which is
it's
that's why i thought your comments on
the net benefit are really important
because like if we are going to take
less cash then what's the net
benefit and if you can't demonstrate the
net benefit then
you shouldn't get less than mark market
rate terms
so maybe it's how do we drive into like
more deeply or better distinguish like
the net benefit
yeah and um i would like to see
some language in here that
um that at least nods in the direction
of um um
below market anything would be only
under exceptional circumstances
um i i really feel
like we need to put some pretty
strict boundaries here given given camp
history
um um i think
you know the bullet point b special
circumstances
particular to the other party um
and that's i i think
exceedingly broad um
and i would be uncomfortable with
something
that open-ended um
and yeah i agree that um i really would
like to see
a um
a distinction between short a short-term
uh adjustment and a long-term
or permanent um deviation from the norm
and i think for sales in particular
um i would like that to be
pretty damn stringent
[Music]
can you talk more about how to define
the sale versus rent so we have a list
of some criteria that needs to be more
stringent for sale
can you the three of you talk a little
bit about that so we can get some
language that's
reflecting
i wouldn't mind seeing the 100-year
outlook as a as a frame for
selling
wait can you say that again yeah you
know the
the the cliche phrase we need to have a
hundred year outlook
when we're looking at buildings and
property
i wouldn't mind seeing that in there as
again as a framing device
when we say long term we mean long term
um or
leases i would suggest demonstration of
specific
financial need or specific demonstration
of financial need or something like that
um that if somebody's coming to us
wanting a less than market rate lease
um we need to be able to see their books
basically or something along those lines
so the other thing um it seems like
the framing sentence
before the a through f it needs to be
some sort of com
uh combination so
you know a negative um you know
a recession or pandemic and a benefit
um because if it's just if it's just one
you pick one of these things out of here
and like we almost probably well
first of all if you just have a in and
of itself it could be all the people who
are
uh leasing from us so some sort of
uh critical mass of the criteria
and then this again for the less than
market terms
and and the um the application of the
racial equity and social justice lens
um i think it's the word application
01h 55m 00s
that's
um so tripping me up um
maybe it's uh what we find by applying
the
the lens versus
um that being
a fact because
just the application of itself that can
tell you like no that's
not um something that uh
impacts um
historically understood maybe it's a
different it's a different verb
or is it in a different place or it's
not a verb
yeah i think it's at least in a
different place and i'm not married
application
i think um i know what you mean but i
don't think the words say what you
i think means i don't think you want it
to be this thing that stands alone
either
it may it may be better described as the
thing that you look at
throughout right not
it doesn't back clean up it's that bad
every time
it's a bad analogy because you're gonna
have two batters but maybe it's more
like
when the uh pps racial equity and social
justice lens is applied
the impact of students are because
otherwise it's just saying
the fact it's a factor the lens versus
like what the lens i wouldn't want to
redefine the lens in a lesser sense
here right i mean if you're just
redefining what the lens produces
we can we can work with it i can reach
out to danny too to make sure i'm not
narrowing the scope of the lens by
dictating the output
from its use in a particular
circumstance right that's
and it's all conceptual i don't have any
specific
that's we're sort of word-smithing a bit
but i like the point they make liz about
pulling it out and maybe putting it in
that preceding sentence
um
it should guide us and inform us but if
we applied it
and it only impacted like white middle
class students
we would apply it have applied it but
when we apply it
it tells us that maybe that shouldn't be
a factor
okay i get i understand where you're
coming from
and the application part i now get it so
thank you that's helpful
okay um we are at 6 p.m
and um
we could probably keep going on but i
i'm wondering
liz do you think you have enough at this
point to do a next iteration on this
i i think collectively yeah it'll take
um i'll
i'll take a first cut and circulate it
and we'll um
we'll have another i i think it's been
very helpful from a drafting perspective
so thank you
are we going to require a recession and
a pandemic or just one of them
that's for you to answer a deeper
recession
oh god i knew there was something that
hadn't happened this year
well at least at least well i'm going to
stop this right now
because you're attempting fate and
and i won't have it so
okay um anything else
we we have not gotten again to the
um uh agenda for
the for the rest of the year but i
promise we'll do it next time
um but i want to be attentive to
everybody's time
um so i
think we've given you enough for the
next version
um is there anything else the students
didn't get a chance to weigh in
so before before we stop i want to make
sure
is there anything that you guys wanted
to say um
about this policy um i suppose
just reiterating um what was scott
and uh to and also what what julia said
um keeping uh closely in mind the impact
of uh
less than market rate uh lease or
selling property for less in market rate
the long-term effect it has
on students directly but but other than
that nothing for me no
okay
anything else yeah so i know you're not
going to get to the
work plan discussion i have some things
i can send you um
there was one thing that i i wanted to
raise um
02h 00m 00s
not for discussion but just if it was
going to be something that
we were going to
work on in the end this was the place to
do it versus the whole board
um that we probably would need to get
going fairly soon and that
is if we were going to change the manner
in which we elected board members
it's just knowing how long things take
if that was going to be something we
were going to
we were going to do that it seems like
that would be something
we'd have to either move up on the
calendar
or get it on the full board calendar i
mean it seems like it makes more sense
to do it in a committee
to recommend something to the full board
but that would need to probably happen
really really soon so i just throw that
out there as a
i second that yeah
well i mean it um
until now it wasn't even on the list of
potential topics
uh for this year so so this would be a
brand new
proposal which we can entertain um
but i we we have to talk about this
agenda at the next meeting so
um i'm just throwing that out there just
because
we're three weeks from the next or
whatever from the next meetings i just
want to
introduce the concept right okay okay
um okay so we'll
um we'll probably put that at the top
let's put the agenda at the top of the
meeting
next time so that we definitely get to
it um
and and i'll try to exercise some
disciplines so that it doesn't take up
the whole me
um so okay uh we're now at 604
um any any final words for the good of
the order
i just want to thank all the cats and
dogs
the cats were very very showy and the
dogs were
for the most part on good behavior so
that's why we're eating food in the
kitchen
[Laughter]
so i want to thank david roy in
particular because
you know now i'm not the only one with a
cat who is attentive to board meetings
so we got the whole menagerie here rita
the dog is now i can hear him snoring
and we'll bring the rabbit out one of
these days too so
okay okay
all right um thank you all um
we will uh we'll stop here and pick it
up again three weeks from now
um thank you everybody stay safe be
healthy do all the things we need to do
okay thank you bye
Sources
- PPS Board of Education, BoardBook Public View, https://meetings.boardbook.org/Public/Organization/915 (accessed: 2023-01-25T21:27:49.720701Z)
- PPS Communications, "Board of Education" (YouTube playlist), https://www.youtube.com/playlist?list=PL8CC942A46270A16E (accessed: 2023-10-10T04:10:04.879786Z)
- PPS Communications, "PPS Board of Education Meetings" (YouTube playlist), https://www.youtube.com/playlist?list=PLbZtlBHJZmkdC_tt72iEiQXsgBxAQRwtM (accessed: 2023-10-14T01:02:33.351363Z)
- PPS Board of Education, "PPS Board of Education - Committee Meetings" (YouTube playlist), https://www.youtube.com/playlist?list=PLk0IYRijyKDVmokTZiuGv_HR3Qv7kkmJU (accessed: 2023-10-14T00:59:52.903034Z)