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Katy ISD · Special Meeting

Katy ISD Special Meeting, January 3, 2017

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The recording

George Scott not human verified

I hereby call this board meeting, special board meeting of the Board of Trustees of

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Katy Independent School District to order.

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Today is Tuesday, January 3, 2017, and the time is 5.31 p.m.

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This meeting is being recorded for board policy.

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When talking, please speak into the microphone in front of you so the recording will accurately

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reflect the discussion.

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Dr. Hitt, will you verify that we are in compliance with the provisions of the Texas Open Meetings

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Act with regard to notice for this meeting?

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Board President Klaus, we are in compliance with provisions for this meeting.

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Okay. Good evening. Thank you, everyone, for being here.

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I will say, I'm sorry, I have to check in attendance.

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Henry DeBrell, Courtney Doyle, Rebecca Fox, Brian Mahalski, George Scott, Ashley Vann, Charles Griffin is not present.

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At this time, we have asked Dr. Bill Rutherford to come and conduct, facilitate for us a team-building session

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where we have two posted agenda items. So the first one is 3.1 board members. We're

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going to discuss and consider board operating procedures. You have in your

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packets the what it was and some suggestions for what we might consider

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going forward and so this is a time for us to just to have open dialogue. This

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new one is more simple more more simple to read and anyway let's let's talk

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about them and feedback dr. Redford I'll let you get us to all right Thank You

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Rebecca board members my pleasure to be with you once again tonight as you know

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you and I have a long history together so I hesitate to do too much of an

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introduction seems awfully loud but maybe that's what's supposed to be but I

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know George is new to us so for the benefit of George and new superintendent

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let me remind you board members that I'm a former board member myself I'm not a

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former superintendent unfortunately or perhaps fortunately what either way I

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never wanted to be never intended to be my academic background is in the higher

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education I taught at Odessa College and had an opportunity to run for the board

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in odessa i ran for the board served nine years most of those were good times i will say that

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most of those are very good times i then had an opportunity to change and my wife and i made a

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career decision we'd relocate if you have two children uh both of them attend the university

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of texas from west texas the likelihood of them coming back to odessa right is about as much as

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I'm Henry and I are gonna grow hair okay ain't gonna happen I'm not like it like

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it is so my wife and I made a decision to relocate and thankfully TASB opened

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up and I've been working for the Association now going on 11 years I do

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work with leadership TASB that is my primary position and then also work with

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boards around safe Texas so a little bit about my background and I visit most of

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all of you and George and I had a chance to visit prior to dinner so we'll

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dispense with any kind of introduction on your part back to me as I understand

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that this is your team building training session in which we are going to do two

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things we're going to first of all look at the board operating procedures and

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have time to discuss and lies go over those and then also have time for you to

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share with your colleagues on the board what your goals aspirations might be

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excuse me for the district I'm gonna remind you that this is a workshop

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setting we are under the guidelines of the open meetings act and by the same

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token that we cannot take an action on this none of this is next item anything

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dealing with a change in the board operating procedures by consensus and

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on by vote and at some later point then board president fox will bring these to

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the board for final adoption so that being said let me start first of all

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with obligatory paperwork that I have to do in regarding quote unquote tier two

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team building training session so as you know even we've been down this road many

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times, haven't we? By law, I am required to hand to you a copy of the framework for

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school board development. And before I do that, let me let me verify

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something. Madam President, I'm understanding that Charles Griffin was

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called away on an emergency or could not be here because of scheduling conflict,

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which allows team building training to be be held law says that all seven

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members eight members must be present and participating unless one has a

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scheduling conflict that denies otherwise wanted to certify that so

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what we're looking for dr. Rutherford have a question about that all school

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board trainings are required because we've done the one that is required this

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is an additional the team building training then you don't need this well

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Well, we need the facilitation.

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We do not need the requirement.

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Heck with that.

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Throw that stuff away.

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Let's get into the meeting session.

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We had all seven of us here for the last one.

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Take the handcuffs off.

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Cool, cool.

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I will point out to you before we shelve this document too thoroughly into the back corners of your mind,

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the State Board of Education is looking at a major revision of the framework.

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work I don't know to what degree it's going to be radically different I do

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know they've looked at three or four different versions of the document what

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you're looking at what I handed to you is the law and it was the law the

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document was first of all written in 1996 and then it was codified in 1997 by

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the Texas legislature I'm sorry 2007 by the Texas legislature so any kind of

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major revision or striking or changes in this is going to require an act of the

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legislature I will also point to you that board members we need to understand

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that the current environment in Texas is such that this is likely certainly

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possible there's also been a great deal of talk during the interim session about

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increasing the number of training requirements for board members there's

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some dissatisfaction among members of the ledge and also state board of

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education that board members are not getting enough training and I will step

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out and say from from their perspective what they're looking at is those boards

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that find themselves under the judicial line and those boards that find

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themselves in the receiving end of justice and they tend to in my opinion

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they tend to cast a blanket upon all boards and say this is the way all

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boards in Texas must be behaving and you couple that with any kind of study you

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want to look at on our achievement rate

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we would not be talking about this if every study had Texas students in the

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the top 5% across the board but you look at one and has us in the top 3% you

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look at another has us in the bottom 43% you know it's all over the place the

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fact that it's all over the place tells me that we're not in that top tier so

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you take that and give that to the Texas ledge and they can't help perhaps the

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draw the conclusion that there's something wrong with Charles make Charles

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right here there's something wrong with the seven of you and therefore that

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something wrong is related to the need for more training okay I don't know

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where this is going to go I'm just pointing out the fact that these are

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some of the clouds on the horizon that we may see coming forth in the in the

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next session so anyway I want to bring that up to your attention so what I want

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to do now is let's spend some time gang going over your board operating

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procedures that group that that's that set that's revised let's understand

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going forth that you're not looking at a legal document okay you're not going to

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to be held accountable in a court of law for compliance or non-compliance of board operating

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procedures. That's not the case. We never encourage boards to adopt this as part of policy.

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That's not the case because this document that we're about to go over can be changed as easily

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as we're going to look at tonight. What you're talking about is a civilian

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document. It's a document about how you, the seven of you, the eight of you,

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including the superintendent, how you decide to agree, how you agree to work

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together as a body and likewise equally as important is how you agree to act

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independently as a board member acting any other way is contrary to your

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agreed-upon operating procedures which does nothing besides drive inefficiencies

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in the district if the seven of you can agree to a simple agreement of yes

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Yes, this is how we're going to behave, individually and collectively.

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That sends a signal to the administration that the board is together.

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Anything short of that, gang, creates inefficiencies in the system that I'll say here in KDISD, you simply don't need.

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You don't need them.

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remember I work with a lot of districts over Texas and some of those districts the board's

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role is a totally different role because the needs of the district are totally different

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not so here in Katy absolutely not and then I'm not saying gang I'm not saying roll over and play

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dead I'm not saying take everything super new has to say and roll over play that I'm not saying that

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I'm talking about the seven of you coming together with an agreement and

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how we're going to respond up here on the dais and likewise how we're gonna

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respond out here in the public whether it's the HEP or the post office the

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church or wherever happens to be or even the parking lot which I will suggest to

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you there are more infractions made in the parking lot than are there any other

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place so this is not a legal document it doesn't it doesn't have enforcement

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enforcement power based on law, but rather it's an agreement on how we choose to operate.

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Okay.

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So let's go through this document.

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And once again, I'm using the revised part.

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And I want to spend about half of our time on this, or as much as you want to spend,

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but I do want to allocate a certain amount of time for the discussion of the goals that

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that you have and a discussion on what goals you have aspirations you have for

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the district too so and once again what I'm going to do is I'm going to go

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through it and if you have a question or comment or a hesitation or I now came by

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that it's your obligation to stand us to speak up otherwise I'm going to turn the

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page we're going to go right on Dr. Rutherford you might find that we're

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gifted and we go through it much more quickly than you anticipate very good

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see how how things go with the changes that have been made with our board okay

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we'll guys don't do you want to stand erupt you as sure sure sure Rebecca is

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most important that you talk with more so than me just pontificate this I got

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I'll get bored to tears on something like that one

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our preface I'm assuming that's okay hallelujah past page one ethics that is

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your local policy that's in compliant with tasking recommended policy on

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ethics organization of the board first meeting after each election the board

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shall that board members recognize the fact that when you insert the word shall

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that means that's a that's a mandate that's not a you will there's a

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difference in those two it outlines the duties and responsibilities of those

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offices that you're going to elect we okay on those or do we need his like

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yeah sure okay I think historically I think historically that each one of

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these offices have except for president have been somewhat symbolic and and

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Through my travels with you with leadership TASB with being part of TASB board

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I see other boards function in a manner where these different offices have certain responsibilities

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So that when you're electing someone you're electing someone to that office knowing that these are going to be their responsibilities

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maybe they're set over a certain committee that the that the board has standing or

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They're more than just

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THERE. THERE IS SOME FUNCTIONALITY TO THEM.

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I WOULD LIKE FOR US TO DISCUSS A LITTLE BIT WHAT WOULD POSSIBLY

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SOME GOOD FUNCTIONALITY FOR US. I BELIEVE THAT THIS IS NOT ONLY A

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WAY TO GIVE BOARD MEMBERS RESPONSIBILITY, BUT TO

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CONSTANTLY BE DOING TRAINING FOR A REASONABLE AND POINTED LINE OF

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SUCCESSION SO THAT WHEN PEOPLE SIT IN THE SEAT OF THE

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the president, when people sit in other seats, they're aware of all of those duties because

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they've had different responsibilities over the years.

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I know, Dr. Hinch, you've had the privilege of serving many districts, and I would like

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to maybe hear some of your thoughts on that.

George Scott not human verified

Yeah.

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I understand what you're saying symbolically.

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I mean, typically, you know, in the two districts I served, I served three, but only two as superintendent, you know, Stafford and Allen prior to this.

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And they were similar to this.

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Actually, they actually had less Olympic positions, board, president, vice president, and secretary, typically what I saw in the other two districts.

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But as far as additional duties that are included, Katie, I remember during the interview process, you guys wanted to initiate some committees, process of committees in the district.

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And I don't know if what you're saying is you'd like to tie those committee leads to your position.

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That's what I'm thinking.

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If we, for instance, initiated a finance committee, it would make sense that the treasurer each year would be over the finance committee.

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IF YOU, IF WE INITIATED, BASED AROUND SOME OF OUR GOALS, IF WE INITIATED A COMMITTEE FOR

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COMMUNITY OUTREACH OR COMMUNITY ENGAGEMENT, MAYBE ONE POSITION IS IN, YOU'RE THE POINT

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PERSON FOR THAT.

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SO THAT WHEN WE'RE VOTING ON THOSE OFFICER POSITIONS EACH YEAR AND WE'RE LOOKING AT WHAT'S

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COMING UP, WE'RE LOOKING FOR A PERSON THAT WILL BE ABLE TO BEST FULFILL THOSE DUTIES.

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I know many districts have standing committees. I just want to throw it out

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for discussion because I know for some groups it works very well.

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It provides that extra training mechanism as well.

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As I look at your officer assignments in the operating procedure,

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they are all somewhat perfunctory in that they are set up to serve as a

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vacancy assuming there's a vacancy in in the presidency position we all know is

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as a board officer as a board member there's certain a number of paper

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there's certain there's a certain amount of paperwork that sounds like it is

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developed by a position like the treasurer's position but we all know and

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especially in a district like this you have staff that provide those and so the

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the position simply signs off on those things as required by law.

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Henry, I really and truly hear what you're saying.

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And what I want to do tonight is get you to understand my job is not to take one side or the other,

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but to yet but rather to lend what little or great amount of credence I

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have to a discussion based on one what I'm hearing around the state on to what

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I'm experiencing in the state a lot of districts I will tell you Henry are

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getting away from committees because that in that that tends to be a double

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meeting of the board and that the board feels and I'm not saying it's a bad idea

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I'm just saying this is what I'm hearing is that the board feels if this is

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brought to the board by committee and a member of the board is chair of that

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committee it's almost felt by the board that this is a a tacit statement that we

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need to approve this because this has gone through board review and that may

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may or may not be the case.

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Brian?

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Yeah, just to add to that a little bit.

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I mean, I get what you're saying as well,

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but we really don't have any standing committees.

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One thing I would guard against in this document,

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at least, is getting too rigid with it, right?

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Where you've got something pre-prescribed necessarily

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that may not make the most sense at the moment.

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We've stood up some board committees for,

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I don't know, what I would say special projects,

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naming type committees, things like that,

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but we really don't have standing committees.

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Now, if we were to bring in an internal audit function here and that was reporting directly

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to the board, I could see an audit committee type situation where you don't want, or where

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you may want to have some committee meetings that aren't, you know, don't have the full

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board and all of that.

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But I would guard against, I think, getting too prescriptive, I guess, in the procedures

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for that specific purpose.

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That's just my two cents.

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I agree with Brian. Where I can see where we have special committees and it makes sense

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some people should step up based on their position. But one thing I've seen through

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our two and a half years, the Secretary has taken on more of a role. And I think as you're

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saying when you're considering a person for a position, they need to be able to be willing

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to say not just have a position after their name, but follow through with some of the

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things that Secretary's been doing that hasn't been done before.

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Sergeant of Arms, one thing that's noticed here is act as parliamentarian for the board.

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I've been parliamentarian a few times over in my different organizations and that's understanding

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Robert's rules and understanding your operating procedures.

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That's something I would like to see that position do because there's times where there's

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questions either back in closed or out and open about about procedures or about

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you know is this are we stepping off open meetings act or something and that

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would be a time where a sergeant in arms would be that needs to speak to it and

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that's listed as as part of your job and I don't think we do I don't think that

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position is you know I think that's something that that we as a body

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the body corporate would help us out a little bit if that position tightened up

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a little bit on acting as yeah I think it's a matter actually of the board

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recognizing that that position has if you will the voice of authority and if

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if the board is willing to acquiesce to the sergeant of arms that that is out of

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order then that has authority by the same token you know if your legal

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council is here with every meeting you don't have that okay then then yet we've

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started it okay when I was when I was on the warden Odessa our general counsel

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was there at every meeting and so the need to quote-unquote have a part of a

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sergeant of arms is not needed because he let us know very quickly when we were

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and we're out of order but I think your points were taken that the sergeant of

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arms could be that position that person who has a complete understanding of this

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document and the recognized authority to speak on behalf of the document well

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that's what you were saying right yes you turn this off side of cold and I

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don't think anyone's to hear me sniffling and and then maybe the wording

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needs to be slightly different or yes or just understand what you're saying have

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the authority I just wanted to speak to that what's the will of the board as far

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as having we may be jumping ahead as far as assigning committees are concerned it

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may be one of those things that you hold back on and say as committees evolve

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they are naturally assigned to one of these officer positions when that's kind

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of what Henry's talking about I'm thinking and I'm not tied to this I'm

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throwing this out for discussion I would like to see us move in a direction where

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we really as a board focus on governance focus on goals focus on on what we want our community

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to look like five or ten years down the road and governance is the breeding grounds for that

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so i think that that's why i want to have this discussion about what do these positions mean

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What is the reason that they're even there?

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You know, is it simply symbolic?

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Is it simply in case of an absence?

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If it's simply in case of one person being absent, do we need so many?

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You know, so those are things I want to throw out there.

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Yeah, good conversation.

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I have a problem with committees on the board that are not special target.

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You and Ashley worked on the naming rights, great committee, legislative, great committee.

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I think that what I've observed is that when you get committees involved, you mitigate against the corporate body.

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I think it's more reasonable to say that if the board wants a board member to be a liaison on a specific issue, Henry, would you go work with the superintendent and help get this information facilitated?

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That in no way implies that this has gone through the board process. It strictly is information gathering.

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Your committee ended up functioning perfectly in terms of how a committee should function.

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The board got to be on everything. I'm afraid, just in my observation, that when you institutionalize committees,

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you institutionalize predetermination of decisions, and I have a problem with that.

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I like the notion of individual board members

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maybe being assigned a task or a committee being assigned a task and

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Going into that, you know, whether you have to post it, you know, whether you want to post it, you know, you have a charter

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You know, and I'm more comfortable with that than standing committees. I guess I've watched Houston ISD too long

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Yeah, I think at this point you have no standing committees

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No, no, no

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None.

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So the fact that you have none, I mean this kind of is the cart before the horse.

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Assigning officer positions to committees that don't exist.

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Perhaps the thing to do is, and I'm suggesting, Board Members, and back me up if I need to,

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leave it as it is and as committees, if committees percolate up, then the will of the Board,

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you assign a Board Member to that committee.

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If I may, I agree with Mr. Scott on that.

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We don't have any standing committees.

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The only one I can even think of that we would want to have is already kind of gave us an example.

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And, yeah, so with that, and given that we're also going to have council present in future board meetings,

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I mean, do we even want all these officers moving forward, or do we want to not even put that on the table?

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Trim back, yeah.

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Or do we want to trim back?

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I mean, that may be.

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I agree.

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the ones that are necessary. I think you do need a president, you need a vice president in case the president's not there.

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Secretary for legal. You need a secretary and beyond that I don't know that any of the rest are necessary.

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You need a parliamentarian to police me.

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Well, but if there's a general counsel here that takes that role. It can be an administrative role.

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Yeah, but you're right. We do need that.

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And a secretary could sign, too.

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So Brian, your recommendation is that we strike

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Mike, Treasurer and Sergeant of Arms?

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I think it's work discussion.

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I mean, I've...

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If you call the time, the President runs the meeting.

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The President can do it.

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The Secretary could do it, for that matter.

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Neither of these positions you've listed that are under question are required by law.

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I'll point that out.

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I'd kind of say keep it simple.

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You can.

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Yes, the question of what I've been used to, what we're talking about in the previous two districts, we had the three positions.

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The secretary kept the time for the grievance purposes.

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I mean, I think streamlining is also a valid point.

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I think that's kind of what we've done here is we took some of the fluff or some of the non-board operating type of stuff out of that and just made it true operating procedure.

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Yeah.

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I have no problem striking the two positions and having just three officers.

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Courtney, are you okay with that?

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Okay.

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Hearing no discussion, I think the will of the Board is to strike Treasurer and strike

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Sergeant at Arms.

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That's great.

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All right.

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Let's look at evaluation.

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Is that effective immediately upon taking action or at the end of the term?

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No, what I'm going to do is bring this back after this meeting and then we'll take action

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on the board operating procedures, although it's just a civilian document.

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Right.

George Scott not human verified

It's not policy or procedure.

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All right, then look at the next page that deals with evaluation of the board.

Unknown speaker not human verified

It's part of your local policy.

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The board must continually measure the results of policy, blah, blah, blah.

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blah and with the board must assess their development needs as a corporate

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body to gain blah blah blah our board members this is saying that you will

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evaluate yourself annually nothing unusual in that I find in that the only

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thing I would encourage you to consider and this is just as a is a best practice

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is that the timing of the evaluation of the board,

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I recommend to precede the evaluation of the superintendent

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so that you, the board members,

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have an opportunity to discuss among yourselves

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the essential question, and that is,

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did we, obviously you know what's coming next, right?

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The big daddy, okay?

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But did we as a board uphold our agreement

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to make everything work?

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did we as a board do everything humanly possible to make superintendent's job work?

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That's why I like to recommend that in the self-evaluation, you do it previous to the evaluation of the superintendent.

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It kind of puts you in the mood. It also kind of puts you in the kind of reflective time period of,

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did we, you know, did we make it possible or did we put up roadblocks?

George Scott not human verified

Mr. Scott?

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Just make the comment I actually disagree with that.

George Scott not human verified

evaluation of programs in the board tends to be subjective, episodic, non-empirical.

George Scott not human verified

I think the best way for the board to evaluate itself is to evaluate how it has evaluated the superintendent.

George Scott not human verified

And so you put objective standards, the part B of the contract, into place,

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and then you go through the process of evaluating the superintendent and when

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you've done the board has done its number one major function evaluating the

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superintendent on performance then you ask yourself well how did we do and

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there's an empirical basis to that George I don't disagree with you but

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point B in your policy clearly state refers back to the document I handed to

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you the framework and it says that the board is to assess their development

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needs as a core body to get an understanding of each of these five

George Scott not human verified

pillars understand goes beyond does not that does not demand that you don't

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evaluate yourself on empirical terms after you evaluate the superintendent

George Scott not human verified

there's nothing in that language that says thou shalt not yeah but your

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request for empirical language is not altogether appropriate for the board nor is it mandated

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for the board when you're talking about evaluating yourselves you're talking about the evaluation of

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the seven of you which a great part of that is getting along together not that you have to lock

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each other but do we respect each other's rights and attitudes and positions on this as a board

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and that cannot be empirically verified. Well I didn't I really don't want to

George Scott not human verified

extend this discussion more because we can have it at different times. I have

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suggested five or six things that should be in Part B of the superintendent's

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contract. Okay and that's not part of here that's not part of this. Brian?

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No that's fine keep going. No I'm just gonna say the superintendent's contract is not in

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part be here we know what we're talking okay Brian I and I'm responding to what

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you said you can evaluate this and you can do what you're saying but you can

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put empirical standards I've suggested I've empirical things and I'm sure other

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board members could suggest five empirical things or one and together we

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we might come up with three or seven.

George Scott not human verified

Then how do we hold the superintendent accountable?

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You're talking about an instrument.

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This talks about a practice, which is not an instrument.

George Scott not human verified

You know, I'm not too much into the atmospherics

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of accountability.

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I actually kind of believe that accountability

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is an old fashioned word.

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You set goals.

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We certainly have a contractual authority, a legal authority,

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to set specific empirical based things for superintendent of schools to do and

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part of our report to our citizens can be did we accomplish that now that's

George Scott not human verified

that's really I'm not going to get into an argument I made my position I do not

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agree with the TASB philosophy here it's not the first time it won't be the last

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no and I'm certainly sure of that but my what I'm saying to you George is that

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Your point is not the discussion at hand.

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The discussion at hand is evaluation of the board, not the evaluation of the certificate.

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I don't accept your interpretation.

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Okay, that's fine.

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That's cool.

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That's cool.

Unknown speaker not human verified

That's cool.

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Board members, the rest of you, any changes you want to see to operating procedures, BAA local?

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It simply says that you're going to do it.

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My recommendation was to insert a win.

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That's just a recommendation on my part.

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Any changes the board members want to see to this?

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None appearing.

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Let's go on.

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Powers and duties.

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This is both legal and local policy.

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BAA, the board provides direction and control for the district.

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The board operates as a policy.

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This is legal, gang.

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There's not an awful lot we can do about this one.

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Agreed?

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Committing the board, it's also legal.

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I'm turning through these unless you find anything you want to discuss.

George Scott not human verified

Developing board agendas is where you are?

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No, sir, I'm on committing the board.

George Scott not human verified

Developing board meetings?

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No, sir, committing the board.

George Scott not human verified

Before or after?

George Scott not human verified

After powers and duties.

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Go back.

George Scott not human verified

Go back.

George Scott not human verified

You probably turned too fast.

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Thank you.

George Scott not human verified

Right after.

Unknown speaker not human verified

Thank you.

Unknown speaker not human verified

Okay.

Unknown speaker not human verified

Okay.

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So yours looks very different from mine.

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Are you in the old one or the new one?

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You're in the old one, I think, George.

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Yeah.

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This is where I am.

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Let's see what that one says.

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We're in the same one.

Unknown speaker not human verified

No, you're on the same one.

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One that says revised.

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Let's see, let's start here.

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Let's see right there.

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Ethics, powers and do good.

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There we go.

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We found it.

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You're good.

Unknown speaker not human verified

I thought I was in trouble there. I thought I was the wrong one. I looked at George's copy and had a whole page full of stuff and mine is what y'all are looking at. Very brief.

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Alright, this is legal policy. Anybody want to comment?

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And appearing. Next page, board member standards of behavior and code of conduct. This is both legal and local.

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This is the document that talks about Open Meetings Act for members of the board or president.

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You constitute a quorum that you acknowledge your knowledge of and abide by the code of ethics.

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That you're presented with a copy of the operating procedures by the president.

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that you as a board member will share, you are empowered to share with the

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superintendent anything you learn in a training session, that you will sign an

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annual statement of disclosure, and point F that you are authorizing the board

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president to communicate with the board's attorney as needed unless

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otherwise determined by the entire board. I think that's an important one for us

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to acknowledge gang what you're saying your operating procedures is that the

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role an additional role of the board president is the board president is the

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person who will be in contact with your legal counsel that does not mean that

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you board members do not have the right to call TASB legal regardless of how

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jaded you think that may be for free legal counsel but remember anytime you

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call your own in-house counsel, it's a billable hour. And so if all six of you

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called on the exact same issue, you're costing KDISD money. What this says is

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that you're authorizing the president to be the spokesperson to legal counsel.

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Okay. Any questions, comments, concerns? I wonder if maybe, maybe in that case it

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It could be board president or designee.

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And the reason I say that is we just had that example on the committee that we just did on the naming rights where I was chairing that committee.

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And obviously, as we were negotiating a contract, I did have to talk to counsel a couple of times.

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But it was basically designated to do that through that position.

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So I don't know.

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So insert after board president, Brian's suggestion is to insert.

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Or Brian.

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Brian.

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Board President or Brian.

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Or Brian.

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Or Brian.

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No, I didn't say that.

George Scott not human verified

Don't you think that unless otherwise determined by the entire.

Unknown speaker not human verified

Yeah, I think that covers it.

Unknown speaker not human verified

I really do.

George Scott not human verified

That covers it.

George Scott not human verified

Okay.

George Scott not human verified

Because you guys adopt the charter typically or something like that.

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And that gives you that level.

George Scott not human verified

Okay.

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The charter does, yeah.

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Might there be a time where it would be safe?

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See, I think that the superintendent should actually control access to the attorney.

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We're going to have an in-house attorney.

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And I would think that there would be a multiple if the superintendent is comfortable with the board committee chair or someone.

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I really think that should be guided by the superintendent, not the board president.

George Scott not human verified

I think the board president should be able to call the attorney, but other than that I think it should actually go to the superintendent.

George Scott not human verified

I think it's mostly just there to mean that everybody doesn't just pick up the phone and call just every time they have a question.

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But it's a great idea to have an in-house counsel.

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It's going to make life a whole lot simpler.

George Scott not human verified

Yes, it is.

George Scott not human verified

We can just find the right one.

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But I also recognize the fact, and I think the board needs to recognize the fact,

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that it's important that you understand that you have an access to legal counsel

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beyond going through the central office.

George Scott not human verified

That would be the question.

George Scott not human verified

The perfect example would be in the superintendent search process.

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You had a superintendent who had already resigned,

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and I think that Charles and Rebecca had a split time doing that and talking with the search firm and the attorney involved.

Unknown speaker not human verified

Yeah. Alright, board members okay on that?

Unknown speaker not human verified

Alright, board training and orientation, this is legal.

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This is the document that is stated by law about how many hours you have to have, yada yada yada.

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Not an awful lot you can do a change on that one.

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Team building, which is the next document, which is also a legal document.

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Not an awful lot we can say or do about that.

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It's legal.

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Next page is developing the board meeting agendas.

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I think this is the one that George had referenced earlier that he wanted to talk about.

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Yeah, part B, and again, no arguments.

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I'm just going to state that I think this is really excessive.

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I think I am personally uncomfortable, and we've had that discussion.

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I'm personally uncomfortable.

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I do not think a vote is the only trigger on the Open Meetings Act.

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I think requiring three board members to put something on the agenda virtually necessitates that you're going to be talking to a fourth.

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I'm not personally comfortable with that.

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I think that two board members should be able to put something on the agenda. I

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think the authority and the protection for the board in reducing that is that

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you have parliamentary rules and you can say madam madam president mr. president

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I move that item XYZ be tabled. Second all in favor yes all opposed no. The

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fact that you allow two members to put something on the agenda recognizes that

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everybody on this board was elected by the people and that we have different

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viewpoints and different perspectives and different priorities and we should

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be able to with with less onerous circumstances be able to get something

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on the agenda and then the board and the board majority if it so chooses can

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exercise its authority under Robert rules of order to say no we're not going

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to talk about that. Has it been a problem in the past to have three members and

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your operating procedure clearly says that the president may be one of the

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three. Has it been a problem in the past? It's not a problem Dr. Rutherford

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because we don't get anywhere near violating OMA by doing that. A person who

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who would like to discuss something simply calls another board member and said, I'd like

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to discuss XYZ and put it on the agenda. Would you agree to request this item on the agenda?

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We don't need, the person doesn't need to give their opinions. We don't need to tell,

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will you support me on it? You never asked. Do you agree? Do you agree? Will you vote

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with me on it? It's just, I would like to discuss community education. Would you agree

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to put it on the absolutely I will and they tell the board president and it's on there.

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That is still a matter of discretion. I think that the discretion to require three is an

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excessive discretion. I think two members of the board should be able to put something on

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the agenda. The board has the institutional parliamentary power to say no, but it should not be

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at will at discretion I think discretion a level of discretion should be removed

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from this that's my position I think the only reason you want to be cautious of

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that Georgia and I hear your point is that once it gets on the agenda you are

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or you are asking staff to develop reports, prepare for, yada, yada, yada.

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And while two may be an appropriate number, okay,

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I'm just saying that the idea of having three members of the board saying that,

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it implies to staff that this is an issue that merits more than just merely a passing fancy.

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That's the reason a lot of boards have, you know, and by the same token, I've seen boards,

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George, that will say one person can get something on the agenda.

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And you know, it's whatever works for KDISD is what works.

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My question is, if, as it's written, if it's not a problem, why make it one?

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Well, the interpretation of whether it is a problem is like modern art.

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It's the eye of the beholder.

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So have you had problems getting something on the agenda?

George Scott not human verified

I'm not here to get into arguments or do that.

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I'm here to state a position.

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I believe that two should be able to do it.

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I've given you an outlet, and your assertion that this automatically requires staff work

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is not necessarily correct because you could make that a discussion item and not an action item

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so that you could bring something to the attention of the board,

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you could bring something to the attention of the public,

George Scott not human verified

you could prohibit it from being an action item and that's that's your plenty

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of but if you really want it to be a true discussion item George I think it

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would behoove the board to have the knowledge provided by staff on the topic

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as opposed to seven lay members of the board merely talking about what they

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think you know mr. Rutherford or is it doctor I'm sorry like it's okay whatever

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you want it to be. I've covered school board meetings since 1973 so I was here

George Scott not human verified

when dinosaurs roamed the countryside and I actually remember a time when a

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single board member could get something on and I could remember a time when two

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board members could get something on and rarely rarely have I seen the dip into

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into chaos that you seem to be envisioning or the disruption to the processes.

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Here's the deal.

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Should two elected members of the board be able to say, we want to put this item on the

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agenda, we want it guaranteed to be there, you can make it an item for discussion, you're

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not telling the board that you have to do this.

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You're not instructing the administration to create reports. You're

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creating an independent avenue to bring public issues to the table. That's it.

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That's what I believe in. Board members, we've heard that. How do the rest of you feel?

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You want to change it to two or would you rather leave it at three? I would say

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if it's something for just discussion only and you're not requiring any action

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of the superintendent or his staff, then I think two is fine. But if you're going to

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to require action by the staff to spend money then I think you would a higher

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bar would be would be appropriate so I mean if you just want to put something

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out there for discussion and it's you and one other person you want to throw

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it out there yeah let's talk about the carpet in this room because I know yeah

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um and to Rebecca's point to be honest you know there's nothing that you want

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to discuss that Rebecca's not going to put on the agenda. But again, looking at it from a governance

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standpoint, Rebecca's not going to always be president and we're not going to always be the

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seven people sitting around this table. So what is better for governance moving forward

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from that standpoint? If you're talking about discussion only,

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I think an argument for just two people would make a whole lot of sense. Now, if it requires

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requires action, I would think you need a much higher bar before you start spending

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staff time and public dollars.

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I don't believe your staff should be overwhelmed, but if two members of the board want to use

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the opportunity to present some information and lead a discussion that the staff and the

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administration can hear, the board still has the authority to come back and say, dead end.

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there's no mandate here other than facilitating public attention public discussion I mean but

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it's all means to the board it's up to the board I understand what members for you think talk about

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this from time to time about the three and the threshold of three is to make sure that the time

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that seven volunteer board members spend on business of the district is

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time well spent efficient it's impactful the things that we have to do we are we

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spend a lot of time doing this job and we are grateful to be able that our

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community has given that to us but time well spent and so every time we look at

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at this we talked about it and and it has not been a problem things that are

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important things that have our vital nature things that have been things that

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are important to the district as a whole and to board members have made it to the

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agenda not caused a concern in the past

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all right board members anybody else I'm sensing no real move to change short of

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George's very very wisely spoken comments so the end if we were inclined

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to change that that's really a policy change anyway all right this is this is

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directly from the right that would be a policy change anything else on that you

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want to look at

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Just semantics on F. It says matters which do not appear on the work study meeting agenda

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will not appear for action.

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Okay, that's fine.

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Except in emergency situations.

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How do you define emergency?

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I think that, Brian, I don't know for sure.

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Something time sensitive that came up.

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And I think it's defined by law as to what constitutes an emergency action.

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hurricane. You don't want to restrict us from being able to do the business we need to

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conduct. Right. I agree with you Mr. Mahal-Scadler.

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We don't normally do. We almost never do that. I mean this this document kind of

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governs our practices. Yeah. And that is our practice. What it can mean... There are

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exceptions. What it can mean, Brian, is that if you have a, if central office

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receives a late-minute decision by an attorney after work packets have already

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gone out, after the work study meeting has already occurred, there's simply not

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time, physical time, to get this information to the board. It's going to

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be shared to the board during the, during the regular meeting. I think that's what

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what that allows for. Contract just came through on the purchase of land. That's

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a good example. Yeah. Those that could come between right? Yeah. That simply

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happened that don't happen in a very nicely neat packet. I'm just saying maybe

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emergency isn't the best word to indicate there. It's more time sensitive

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or something else. Something a little more gives a little more latitude there.

Unknown speaker not human verified

Yeah, I would defer to what what legal counsel defines that to be

George Scott not human verified

Word emergency is what I believe the word emergency

George Scott not human verified

Is it on?

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Could you put it closer?

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You're on.

George Scott not human verified

Oh, you're on.

Unknown speaker not human verified

Thank you.

George Scott not human verified

Check, check.

George Scott not human verified

I like the word emergency.

George Scott not human verified

So let me look at local policy.

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Local policy can be changed with this board.

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And my interpretation is that when we bring the board operating procedures to the board,

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if we want to bring this local policy to revise that emergency, just let me look into it.

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I think that's the word that we've got questions on.

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Yeah, a better word would be . . .

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Emergency . . .

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That implies hurricane.

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interpretation yeah absolutely but you know versus a late-breaking contract

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sign all right next page is consent agenda which once again is local policy

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I don't routine I'm script together no problem

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rules following discussion followed just during board meetings this is a local

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policy. You'll observe Robert Ruhl's order, voice vote, discussions will be

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addressed to the board president, discussions will be directed solely to

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the item of interest, the board president will halt you if you go off, and that

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that you're going to video and record these meetings.

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Neither?

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Good.

George Scott not human verified

Perfect.

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My brand new legal assistant back here,

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who just got her, what is it you got recently?

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Paralegal.

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Paralegal.

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She sent me a text that says, emergency

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has been determined by will of the superintendent

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and president as identified in our local policy.

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So yeah, given if emergency covers that, then I think we're good.

Unknown speaker not human verified

So emergency covers time sensitive.

Unknown speaker not human verified

Okay.

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And a perfect example of that is, and we've used this before, we have a work study and

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then we've got an employee that's being recruited by other districts and we want to get them

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under contract.

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We weren't able to get it on the work study.

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We'll bring it to the board and now we bring all principles and above for single action.

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Those are things you might see.

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which is not our lay interpretation of what emergency means to us right but it

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is from the standpoint of somebody else in the district HR in this case I think

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the emergency that you're thinking about is we can call a meeting outside of the

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required 72 hours that's an emergency hurricane tornado

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I just thought we could call it within X number of meetings.

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Are we okay on rules followed during board meetings?

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I had a question on E, but I need to try to...

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Board President shall halt discussion if the board has agreed to a time limit for discussion of an item.

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That time limit is expired aside from these limitations.

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Board President should not interfere.

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So therefore the Vice President speaks in her absence?

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I wanted to ask a question but I need her to be.

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On E, where it says the board has agreed to a time limitation for discussion of an item,

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in my time on this board, that's never been a practice of this board that a time limitation

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has been set.

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In your time on this board, has that been a practice?

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A time limitation has been set?

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On your time on any of your boards, has that been a practice,

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that a time limitation has been set?

George Scott not human verified

That has been a practice in previous districts.

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I've seen where a discussion item has come up

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and a board member would recommend a time,

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two minutes for discussion, three minutes for discussion.

Unknown speaker not human verified

Yeah, and this clearly says if the board has agreed.

Unknown speaker not human verified

It's not saying that before we go in we have to sit down and pick out...

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Each item, 10 minutes only.

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Right.

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But I'm just saying that's not something in my almost three years of service that we've

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ever done.

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Sure did.

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When we were interviewing Dr. Hint, we could have sat and talked to him all day, but we

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had another candidate coming in, so we had to cut it.

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He wanted to stay, remember?

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So I was just wondering if that, it's in this, it's going forward.

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I think it allows you actually to have a time period situation where you say

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Here's the motion here's the second the board president says and we will allocate

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Make it up ten minutes total time to this item

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I'm confused because on the other one that has the scratch outs on page eight

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Yes

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You have a very detailed description of two questions or five minutes.

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At regular meetings on Monday night, the board president will limit each trustee wishing to comment on an action to one minute.

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Is this or is this not the standing board procedure?

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It was the standing board procedure, but it was never followed.

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What is it today?

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That's what's currently in the board operating procedure.

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procedure.

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So this is kind of a, it's like the left hand is saying this and the right hand is saying

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you have an automatic time limit.

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That was going to be the next part of my question.

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Thank you, George.

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I knew the two questions and the five minutes were in here, but I didn't see where it was

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in the new version.

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I knew this existed previously, what you just said.

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I think the new version to me allows the board president to and the motion also

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to determine if there's going to be a time limit versus instructing a time

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limit on this question. So here we're talking policy policy and here we're

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having procedure the policy is not compatible with the procedure and the

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the procedure is just draconian and foolish.

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But if the board chooses to include a time in the –

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what we did was we cleaned this up so it was exactly as policy.

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I understand.

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You've removed a lot of law.

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If you want to take out some of the –

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if you want to add it back in,

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then I'll add it back in and come back with a revised local policy.

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This is still left.

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No, that was in – this is – yes.

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This is still the current operating plan.

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That is it.

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Dr. Carbell, would you explain future grade level?

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Time's up.

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Dr. Carbell, would you explain the difference between the passing standard

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and the recommended grade level on the Algebra I end-of-course STAAR Test?

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Time's up.

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That's what we have.

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That's not what it means.

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That's not necessarily the practice.

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But that is what we have.

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Not the response is two minutes.

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It's the board member gets two minutes.

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I understand, but that question, you get one question.

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Five minutes.

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Five minutes, two questions.

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Which is the reason why the suggested change is if the board decides.

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If the board doesn't decide, let it go on for three hours.

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I don't like arbitrariness being

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in one document and discretion being in another document.

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I think the point is the one we're talking about tonight will replace the one you're

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talking about in yellow.

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You've just heard our superintendent of schools say that this is still the law of KDISD.

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This is the law.

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It's y'all's local policy.

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I mean it's what we go by.

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It is now policy.

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And it is standing.

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It is prescriptive. It says at regular board meetings the board president will

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limit each trustee to one minute. So what you're doing is...

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That's wishing to comment on an action item. That's not the discussion portion, right?

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What you're doing is if a administrator dances for seven minutes

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on a question and I've seen a few administrators dance. If an administrator dances for seven

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minutes and does a filibuster, time's up. Now, all I'm saying is, the board majority

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decides, and I'm not, this is not being argumentative. I don't, except for a second, that a review

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of this videotape is going to say George Scott's being argumentative. This is a clear-cut policy

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practice, procedure, and I would like to leave this meeting knowing if the prescriptive is

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what's going to happen or the discretion is what's going to happen.

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I believe the Board President and the Board should have the discretion to say, Madam President,

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we don't use Robert Rules of Order.

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We say we use Robert Rules of Order, but you could say, Madam President, I call the question.

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You don't need something that is mandatory when you have the ability to use the power

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of the majority of the board.

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I'm looking at the board majority and I'm saying it's the board's majority to write

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to shut her down.

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I think that's what the revised is trying to do.

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Don't blow me off, George.

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I'm telling you that's exactly what I think the revised is trying to do.

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I may have misspoken. I apologize. The document with the yellow highlights, that what was left there is actually, that's not in policy.

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It's procedure.

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Yes, sir. That's the procedure of the practice.

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But that's what, it is a will procedure.

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Absolutely. This over here is exactly as it is in policy.

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I understand, but this policy rules follow during board meetings.

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English language.

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Rules followed during board meetings.

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English language.

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The board, the president will.

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The president will.

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So what I'm saying is please make up your mind.

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Whatever your mind is, whatever the will of the majority is,

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do board members automatically, by board procedure,

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subject to the filibuster of administrative answers,

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or does it get to do follow-up questions at the discretion of the board majority?

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We shouldn't go in and say, well, we're going to enforce the board procedure this Monday,

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but next week we're not going to enforce the board procedure.

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It should be, Madam President, I call a question.

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A second.

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Take ownership of your decisions.

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That's all I'm saying.

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Take ownership.

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All right, Board, are you satisfied with the BE local rules followed during Board meetings

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as part of your operating procedure?

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The BE local does have about the agreed, if there's an agreement for a time limitation,

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the president shall halt it. That's what the policy says. I have seen in former

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districts where there was a topic that prior to the topic even coming before a

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board member would make a recommendation for the time limitation. They would get a second.

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If that occurred then on that item that was the time limitation. I think that's really what this is.

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That's exactly how I read it.

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So the other way to do it, so that's doing that on the front end, right,

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if you anticipate and you want to limit it.

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You're saying, call the question, if it's getting out of hand,

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they kind of have the same effect almost.

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Well, but it's an individual decision.

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It's not sort of like a pocket veto on free speech.

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This is what I would call sort of a pocket veto that you can pull out.

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And I've seen it happen during a discussion

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Right.

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Because of the length of the discussion, a board member makes a recommended time limit

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at that point.

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Like ten more minutes?

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Five more minutes, a second.

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Especially if it's the third time you've discussed it.

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Yes, sir.

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So I do think, George, that this policy does address that.

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Then it gives you the, it basically tells you to use procedure to...

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This?

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Yes.

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Okay.

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Yes.

George Scott not human verified

Yes.

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But then do away with this.

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Well, that's what we're talking about, right?

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That's what I'm saying.

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Go away with that.

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Okay.

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We're saying the same thing.

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And I have no problems.

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I literally have no problems in principle or philosophy if the board wants to say we're not going to talk about this.

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But I want you to make a decision that you're not going to do it.

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The power to be the majority is the power to accept accountability for the majority's decisions.

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Correct.

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all right then let's go on non-agenda items be be the local any questions or concerns

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got that? All right, let's go to the open forum, BED local. At the work study meeting,

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the board shall allot 30 minutes to hear persons. Persons who wish to participate must sign

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Sign up.

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Speakers who do not provide the first and last name shall not be allowed to speak.

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Time allotted 30 minutes.

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Delegations of more than five are encouraged to find one spokesperson.

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Question on that one.

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Sure.

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Just more question of how does that happen?

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I mean people are signing up outside the door there.

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Is someone actually approaching people that are...

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Okay.

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Yes.

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Okay, I just never knew.

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I know, but I'm encouraging five people to appoint one person to present. Does that happen?

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happen okay no it is not no no it's when they sorry excuse me what I understand

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is that it's when people are signing up to speak about maybe I'm a little

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freaky in them right and it's all from one neighborhood if you have 20 people

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coming and they all want to speak from one neighborhood they would ask if

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there are five or more of you choose a spokesperson so that you have the full

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three minutes instead of everybody having just one minute or something.

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So it happens there with the communications person because it's kind of

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organically developed. Only 20 slips are given to the board president. Yeah.

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And that's if they come in together though. But as they're coming in and

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they're all signing like this neighborhood, this neighborhood, this

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neighborhood, I think what used to happen is the communications person

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would approach them and say, you know.

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Right.

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They are asked, they are offered, would you like to consolidate and choose one?

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And they can say, no, I want to speak to the board.

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And every person, the first people who come are allowed to speak.

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And those who aren't are given the opportunity to communicate with us in a variety of ways.

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George had a question.

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Again, this is board policy, BED local, not procedure, but I believe that any time the

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board meets in a work session or a formal meeting, that citizens of this community should

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be able to address the board at that meeting.

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Harris County, unless they've changed, also does this.

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Because if you're there to address an item that is on the agenda, you get to speak up

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front, up close, up early.

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And if you're there to speak on something that is not an agenda item, you stick it out.

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I think it is highly disrespectful for the citizens that have come up more recently on

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a topic to make them sit to the very last of the meeting to make their comments.

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I believe that we should either do one of two things.

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A, allow citizens who are there for a posted item on the agenda to speak at the front end of the meeting,

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or when that posted item is under discussion,

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because they might hear something from the administration that they want to respond to.

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And we voted to do it, or we voted to move it to the consent agenda,

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and retroactively, past tense, time quarter, whatever phrase you want to use,

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the citizens get to come up and say,

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oh, by the way, I wish I could have said this when it mattered.

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Look at the attendance boundary issue.

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I'm not dredging up anything.

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I'm just talking about this as a matter of process.

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The fact of the matter is citizens got it pretty late in the game.

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That's the way it worked.

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They were able to come to the workshop.

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There were changes in the workshop.

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We have our regular meeting and the citizens are not given any opportunity to say anything.

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Two principles that I think should be here.

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One, anytime we're at a meeting where action is going to be taken or can be taken, a citizen

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should be able to address the board.

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And two, we should be more user friendly to allow those citizens who are there on an agenda

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item to be heard before the board actually takes an action or a decision

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on the posted item. That's what I believe. Rebecca when does open forum which is

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George's point when does open forum occur in the agenda? Okay Mr. Scott so I'll

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answer this in my answer to Mr. Scott. I agree with what you're saying it's

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exactly why we moved prior to last year maybe. We had open forum at the beginning

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beginning of the regular board meeting.

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So that gave our community time to hear all of our discussions and work studies,

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what are we talking about, what were the presentations from the administration,

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what questions and things, what are the thoughts of the board.

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And then they could come and speak at the beginning of the regular meeting before

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we took action on any items.

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But when they would speak to us then, it gave us little time to think it through or to do.

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So we moved the open forum to the end of the work study for the same reason.

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We want them to hear the presentations from administration.

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We want them to hear what board members are thinking.

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If something is moved to a consent agenda, it can be removed from consent agenda before we ever leave the dais or during the week.

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So I think it actually gives them more opportunity to hear the discussions and

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as we saw during the ABM, people who signed up to speak about the ABM then

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heard the changes that had that we talked about during the discussion and

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when they came to speak they said yeah I like what you did. So had they spoken

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first they would have said I wish you're going to do this and this which we did.

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We made changes. So it actually works very well to what you just said.

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And also a lot of times when they spoke, hold on, Mr. Scott.

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Go ahead.

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A lot of times they would speak and leave.

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A lot of times they would speak and leave and not even listen.

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They would speak and then leave.

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And they didn't go watch the video and they didn't even, I mean, so having them sit and listen to the reports, they heard things.

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And they might change the things they said.

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They might take things out.

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or they might ask for things and then we would hear things like with the Nottingham country.

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We asked for changes.

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We said we're not ready to make a decision because of facts that residents brought to

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us.

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That's kind of when this discussion started when Charles was president and we made these

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changes.

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Residents brought us facts and we listened and we're like wait, we're not ready to vote

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on that.

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And they brought us stuff that the administration didn't bring us and we made a big change on

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on the recommendation and we said you need to make some changes and bring it

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back and that's when we changed it so we wanted them to hear the presentation and

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then we wanted to hear from the residents and taxpayers and the parents

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and community members who are going to be impacted by decisions we were making

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I don't totally disagree with you I don't I wish there was a excuse me I

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wish there was a perfect spot for open forum but we want the community to be

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be informed and we want to hear from an informed community. That's anecdotal and

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I understand that there can be successes when citizens bring it but I'm talking

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about a policy. The policy I gave sort of an A-B on this. We could allow

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citizens to speak during the posted item after the administration has made its

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presentation if they hear something. But it still doesn't address that we have a meeting

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where people can talk, they hear stuff, and then when we're at the regular meeting, we

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don't listen to them. There should never be a meeting where this board makes a decision

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or is authorized to make a decision and moving something to the consent agenda is a decision.

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There should never be a meeting where a citizen of this community cannot express their viewpoint.

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And there is a way.

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There's no perfect magic beam, okay, but allowing citizens to come into the agenda posting.

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I've heard what Peter McElwain, I've listened to that interesting survey.

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I've heard this at the time to be able to say at the end

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I just think that that is not a lie. That is a lack of respect the citizens

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Every every meeting they should be able to say something. Yeah, we should asking for open forum at both meetings

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I'm sure you're asking for an open form. You're asking or stinker should be an open forum at both meetings

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every meeting

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I WANT TO KIND OF SPEAK TO THAT.

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ACTUALLY, I ADVOCATED FOR MOVING IT A LONG TIME AGO.

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I THINK MY SECOND YEAR ON THE BOARD, I ADVOCATED FOR MOVING IT

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TO THE WORK STUDY.

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THE REASON BEING, AND I'M NOT GOING TO NAME THE PLAYERS OF

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THE INCIDENT, BUT SOMEONE CAME UP TO SPEAK BEFORE ONE OF OUR

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REGULAR BOARD MEETINGS, LIKE THEY NORMALLY DID, BEFORE THE

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REGULAR SCHEDULED BOARD MEETING.

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THEY HAD SOME INFORMATION ON A TOPIC WE WERE ABOUT TO VOTE ON.

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and the information was not actually correct,

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but because the person was someone that many of us at the time had a lot of respect for,

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it literally stopped the work of the board, and that motion died for lack of a second.

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And from there, the whole idea is after the work study, that's when we're getting our information,

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and we have an entire week to do research before we have to vote.

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So if the public actually has something credible, if they actually have something

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that they have something that we need to consider in our decision-making process,

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the best time to do that is during that work study so we have time as trustees

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to get our questions answered. You know, Dr. Hint, is this something we should

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consider? Is this is this something we should look at? Because for when they're

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coming up there prior to us voting I know how I'm gonna vote when I walk up

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on the dais unless someone brings something that's just outrageous but if

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they do I would like an opportunity to have that week to research it to find

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out exactly what's going on that's why I really advocated for in the first place

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so you're the position that the ways but your weight the way it is now I do

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understand what you're saying George as far as respect to the public having to

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to sit through a board meeting and there is no perfect I wish that they could

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come in here listen to everything get through quickly and then and then get

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home early but again if they speak to us before they hear something it may be

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redundant they're changing there's you know I just think they need to hear what

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has to we need to say and then they can speak now if we want to divide it up by

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topic, if it's an agenda item, I think that's a lot of back and forth, but you

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know I'm certainly open to having a conversation, but I think that we have to

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listen to the public during our work study so we have time to think about, to

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research, and to find out exactly what they're saying and the validity of it.

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Which is pretty much what this local policy says. Brian go ahead.

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I'm still collecting my thoughts. Okay. There seems to be a

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suggestion here that I'm that opening up both meetings somehow protects the

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institution of the board from making bad decisions this is real simple democracy

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can be messy and people can be wrong but you know what they're the voters they're

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the citizens they were right to be wrong it's our job to do our due diligence I'm

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talking about a basic thing we meet with a with a 15 items on the agenda and we

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should we should have to hear what the citizens say within the fairly

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restricted rules that we put in place and then when we come to meet again and

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we're meeting they may have heard something and they may have gone to do

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their own independent research they may have heard they may have come to the

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the meeting at the workshop and not been fully prepared, heard something and needed another

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week to go do it.

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Ms. Scott, but we, they have other ways to contact us.

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They don't have to wait until they're standing at a microphone in front of us to contact

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us.

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We have emails, we have phones, we have all kinds of ways they can find us or the administration

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and bring their concerns to them to have a valid discussion.

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I don't think that citizens should be restricted to going into private session with me or someone else.

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If a citizen...

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No, they should contact all of us.

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They have access to all of us to bring information.

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It shouldn't be restricted to three minutes in front of a microphone to only have the only time they can communicate with the board.

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There's nothing I'm suggesting that wants to restrict their total input to three minutes.

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What I'm saying is...

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public posted meeting they're not restricted to one time to speak to us

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especially if there are a lot of people who want to speak and they're not able

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to they have access to us at all times Courtney what were you about to say

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here's here's a fact let's open it Courtney I thought she said no here we

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have it we have a meeting and people can talk and we have a meeting and we're

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coming up with all kinds of rationalizations why people can't talk.

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They can do this, they can do that, they can go under the table, they can go over

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the table, they can send us an email. So George, they can't talk in public.

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Let me cut the chase. Your recommendation would be under A, which is at

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work-study meetings you would recommend insert and regular board meetings. Is

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that what you're advocating for? At all action available meetings, all meetings,

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not this one. This is not an actual one.

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Okay, we're talking the same thing.

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So the point is, the discussion is to add open forum to regular meetings.

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Yes.

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Either way is fine with me.

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I think we have to have the one doing work study,

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if it's the will of the Board, to add another one.

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Board members, what do you want to do?

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Do you want to add one to the regular meeting or keep it work study only?

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If we add one back to the regular, which is where we also do recognitions, where we have

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the room filled with students and children and students and families and teachers, do

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we do it at the beginning like we did practice before?

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Or do we put it at the, I mean, because at the end, there's no point.

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I think it would need to be at the beginning.

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a concern we had and out of just out of respect for we are here before doing it

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at the beginning there are some times where you have a very packed room full

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of you know children and and they're excited to be there and get their awards

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and then you have people coming up in spitting venomous not very and just gets

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sometimes it gets yeah I would recommend if that's what I'm going to be after the

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you under the recognitions let the kids go home with the parents go home or stay

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if they want to as long as it's after the recognitions because that's not

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that was not practice before it was Courtney did you did you want to join

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in the conversation. If it's been both, Mrs. Vann. I think that the reason why we changed the open

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forum from our open meeting to work study is because we all agreed that we

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we were finding that we were getting very valid information from the patrons

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that were taking the time to come and speak and that we wanted the time to

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process what was being said. We wanted to review the information that they were

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they were taking the time to come to our meetings to speak. They were also

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bringing packets of information that we wanted to review on those particular

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items and we moved it to the work-study meetings so that we could review that

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information before we voted on an item and I think to then open this back up

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and have not that I don't want to hear what the patrons have to say but the

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patrons that want to speak come to the work study it's the same items on the

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agenda and when they're passionate about it and they want to speak about it and

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they've taken the time to come to a meeting they come to the work study and

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and that's where their voices are really heard and that's where they've taken the

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time to show up to develop packets to give us the information and then we can

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review it during the week and with regard to different situations and

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then we can communicate back and we can go to the to the staff or Dr. Hinton

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say hey can you look at this this was a valid point and then we can make those

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decisions before votes are had. It ended up becoming very futile for us to hear

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them literally seconds before we had to make a vote and it was uncomfortable and

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And it was disheartening because we had to make decisions, and a lot of times decisions that we did not want to have to make because we had just been presented with information that needed to be looked at.

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And so it kind of started into a tailspin, and that's when we stepped back and said, wait a minute.

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We're doing this a little bit backwards.

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Let's move this open forum.

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So I don't think that we're really doing our patrons any justice by opening up an open forum back into the open meeting.

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meeting.

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Ms. Doyle, what I also remember, another reason we moved it was because people would come

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to the regular board meeting, present something that was their perspective to us and cause

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us to change our minds or change our votes or make a change, but then the people who

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had the other viewpoint never had an opportunity to tell us anything before we took action.

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That's why we moved it to the work study, is so that if one group of people shows up

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and has something to say there's an opportunity for other people to give us

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another viewpoint right so where we maybe made one group of community

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members very happy that they were able to speak we really hurt another group of

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community members that were that had no idea what was going on I'm not actually

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for changing our open forum from what we have right now let me also add to the

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discussion let's keep in mind board members based on the law the meeting

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that you have the regular meeting is very different from a work study work

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study is much more information gathering the regular meeting you have we flip

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flop the terms back and forth but by law gang it is a meeting in the open it's

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not an open meeting by law I'm sorry George or by law an interesting play on

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words no it's not sir no it's not the play on words you are referring to is by

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law you can only discuss items that are posted on the agenda 72 hours in advance

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by law sir by law and therefore it is a meeting in the open where you open it up

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to the public but it is not a public meeting there is a very legal and

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correct difference in those terms are you suggesting that it is against the

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the law for a school board to allow public comment.

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No, sir, I never said that.

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I never said that, George.

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No, sir, I never said that.

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No, I never said that.

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I never said that.

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The law does not require you to have open forum

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in a regular meeting.

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If you want to allow it, you allow it.

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By the same token, board members are not to...

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interject themselves into discussion of the public during that time period.

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Check with your legal counsel, sir, if you disagree with me.

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I don't need to check with the legal counsel on Rudimentary 101.

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This is real simple.

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We meet and do the citizens of this community have a right to address this board?

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Do they have an expectation that they should be able to address the board?

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Nothing, zero that I have said, nothing that I have said has suggested subtraction of the workshop and all the advantages that moving the workshop in the way that it is done.

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I have not subtracted anything. I am simply proposing to add a perfectly legal access for the board to have yet one more opportunity for the public to say something to us every time we meet.

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Got it.

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I have a question, and this is really just a question because we know how people are.

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Let's say we add an extra.

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Let's say we add another open forum and Ashley I agree 100% with you. It would have to be after the recognitions particularly because of what some people have come up and said but it's very offensive to young people.

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If we did that, would a member of the public choose to come and sit through an entire work

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study meeting and possibly speak at 10 o'clock at night or sit through a few recognitions

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and possibly speak at 7?

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I think my goal is to actually hear what they have to say.

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and I take more from being able to listen to them at a work study and make

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a decision then hear them at seven o'clock after recognitions at a board

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meeting so I'm not saying I mind having both George I don't want you to hear

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that my question is what would the average citizen do I think

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your point is having both could have diminishing returns yeah that's my point

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where people choose are we going to go to the regular board meeting because

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we'll be in and out before 730 rather than sit through one of their entire

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meetings and speak at 930 10 o'clock so it's my opinion gang that is we move

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forward on this George is the only one and correct me if I'm wrong I'm wanting

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either way. And Henry's halfway wanting to change your VED local to

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insert open form at a regular meeting. If that is the case then I suggest you stay

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it remains as it is. So this this particular policy I think was a year ago

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this month that we actually did change make that change from the regular

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meeting to the work study and I will say that I believe it's better definitely

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better than it was previous. I think so the question is yeah.

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Okay.

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I have a little question on this.

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Sure.

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It has absolutely nothing to do with open forum. I mean, no, it has something to do with open forum and not placement of where it is. We had a question last time about sharing time.

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about someone got up there they maybe get a little nervous like say a wife

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signs up but then her husband comes and she chickens out he says I'll speak for

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you I'll speak and she stands up and says I would like to give my husband my

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time and we disallowed that it doesn't speak to this in this I don't know if it

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does in procedures I don't know if that needs to policy that they gave me

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because I allowed it and I was scolded because I didn't follow policy.

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Speakers must provide their first and last names before they're allowed to speak and

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only the first 20 speakers who sign up shall be allowed to speak and you must sign up at

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least 15 minutes before the meeting begins.

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So the decision of who speaks happens 15 minutes before our meeting begins.

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You can't change it in the process of the meeting.

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That's what this...

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You can't give your time...

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No, because the person you're trying to give it to did not sign up 15 minutes before and did not fill out the form.

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That's what I was told.

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If Mr. and Mrs. or Sally and John Wilson signed up, Sally or John could speak.

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That's how she'd have to fill it out.

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But it was people saying, oh, somebody came in late and I want to give it to my neighbor.

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You know, they didn't know they were coming and I'd rather them speak than me.

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And you can either not.

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I was being in a nightmare.

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You can end in a nightmare.

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Either way, I just want to make sure there's a...

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I was following policy.

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To me, the time is the time.

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If somebody wants to yield their time...

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I'm with you.

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I'm with you if that's not what the policy says.

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I know.

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Well, I'd be willing to really look at that one.

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Okay.

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So how do you determine who can speak?

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Well, I think it is the person that signed up who does have to approach the podium and...

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Say, I'm giving my time to someone else?

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Another person needs to announce themselves.

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And that can be a decision made by the president.

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No, they can't, not according to this.

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But the person who approached the podium is the person who signed up.

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But once that person is there, can they give their time away without us putting it in here?

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That's what we have.

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And we would have to just change this, that they can do that.

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Can one person, can you have multiple people get up and give their time away to the same person?

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Oh, yeah, so one person has 40 minutes.

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It's like an escalator of people.

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time is time it's still one minute or three minutes I'd like to get the most

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relevant information and if one person can deliver that then and they want to

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yield to that person I'm okay with that

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I'm with mr. Mahal skin that one I think time is time if you have three people

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give their three minutes and one person gets nine you get nine minutes go for it

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you know it doesn't wait but then you could have but you still are limited to

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ten people sign up people you're still 30 minutes one person I don't think one

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person and I don't think 20 people one person can get 20 people's time right

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thank you you got to have some limitation there but probably but the

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way it reads now is the way it reads now so we need to change it if you want to

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allow that then we need to change this i tend to think it's at the president but i know others

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disagree yeah see i do too i i think it's the discretion of the president president is presiding

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over me if if i stand up and i my my knees are quaking and i'm on the list i kind of agree with

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ashley i'm too nervous to talk is it okay if my son talks for me like i've done all the research

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I've written it down.

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Yeah.

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I'm just going to read what I wrote.

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But you better be consistent.

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If the President's going to make that call, they need to be consistent.

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It goes back to what is the problem.

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I mean, are we trying to create an answer for a problem that doesn't exist?

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And if it does exist, then we need to work on it.

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Well, a question I would have is what happened last time.

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They wanted to give their time to someone who didn't sign up.

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That's totally different than giving your time to someone who signed up.

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I think those are two different issues there.

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Because then someone, you can get into a situation with that,

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I'm going to just go in and sign my name, you get there whenever you want to,

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so you can speak.

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And that's something I think that we need to consider.

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And then people want to give away their, they only used four minutes instead of,

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or two minutes instead of three minutes.

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Yeah, they didn't come up.

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I'm keeping that in mind.

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Well, my general feeling is, though,

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that we need to be less restrictive on people that want to come speak to us

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than more than to try to hide behind policy to not let them speak because

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that's that's whether that's whether that is what happening or not that's the

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way people hear it and see it question bill says this isn't as you said before

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this is an illegal document it's just how we're gonna can we add something

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that it would be at the discretion of the president to make those type of

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decision. Sure, Henry, this is your local policy. I would be totally opposed to

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that, pure discretion. Mr. Scott. Doesn't have anything to do with you, Madam

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President. It's, it's, you may not always be president. I know, believe me. You know, and

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and so you have green eyes and that's my secret bias and you know I've had a run

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in with you on five issues before I did a policy or procedure has to govern what

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your practice is and it just needs to be consistency all right let me ask you

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this on number C letter C second sentence only the first 20 speakers or

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their designees only the first 20 speakers or their designees who sign up

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should be allowed to speak only the first on the letter C only the first 20

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speakers or their designees who sign up shall be allowed to speak it allows me

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me to say I'm too nervous I'm designated I'm designating my wife as my speaker I

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think it's responsive to our community okay I don't it doesn't happen often

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dr. Rutherford doesn't happen often there's little to happen twice last

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month yeah which makes it fresh doesn't it that's why from the last two minutes

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right so I'm even just the chicken out and just like so on letter C we want to

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insert or their designees after 20 speakers. Okay. Does that cover the question?

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No, it would be designees would come up after sign up. It wouldn't come 20

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speakers or designees who sign up. It would be 20 speakers who sign up or

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their designees. Correct. Right. Again, I have a question with that. How does that

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designee, as you said, some people get nervous and leave. If they say I'm

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nervous and leave, Brian you go ahead and speak for me. Does he come up and say I'm

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speaking for Ashley? Does Ashley have to stay and say I'm giving my time? I mean we

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got to work out the details on that. But here's for example, somebody that was in the

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room a few minutes ago but looks like they left, had come to speak at I think

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the last month's board meeting but was not one of the first 20, so never got a

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chance. However, if we had that flexibility in here, it's possible some of

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of those others that were saying the same things may have yielded to him and

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let him in he had a different topic he want to talk about so he did he did he

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says Nemo okay okay dr. Rutherford at 7 o'clock at 7 10 let's take a short

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weekend okay we will reconvene at 7 we will reconvene mrs. Nowak at 7 18 okay

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Okay, we're on closed meetings or did we move past that?

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Referring complaints.

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Referring complaints.

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Referring complaints.

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Okay, here we are.

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Is everybody on the same page?

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No.

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Referring complaints.

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Anybody see anything?

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We skipped closed meeting because it's legal policy.

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That's correct.

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Referring complaints is a local policy.

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It says any complaint brought to any individual board will be referred to the superintendent.

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Is this legal or something?

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This is local.

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Generally, don't we, I mean, a lot of times we'll refer to the parent and patron assistance center or whatever.

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Or to their campus or to the assistant principal.

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Well, we know how to do that.

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It just means that we don't handle it.

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But refer to the appropriate chain of command.

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Which is letter C.

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When you're referring them to the chain of command.

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Right, and that's what we do.

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We tell them about the process.

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And you say that anonymous will not be addressed.

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Bring concerns or complaints to an individual board member.

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We do not send them to the superintendent.

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That's not good use of our superintendent's time.

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We've asked him to do a lot of really big things.

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We have 75,000 children we need him to attend to.

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I don't even care about that.

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When we get those emails of complaints like we all get on our KISD email,

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can we assume that that has gone to the attention of administration?

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Yes.

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And we don't?

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No, I don't see that.

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I try not to even reach out.

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Those that go to the Board.

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Unless we tell you.

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Unless you refer it to.

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The Board President generally.

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Well, it just depends if it goes to every board member sometimes he gets it three times

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So do you want to be copied that I mean that's a I've just never forwarded them

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anyone

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I have a question in that

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And dr. Ann this is for you. I don't believe every individual complaint we get or email

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we need to give them a call. But I think there is a level at which we hear a

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number of people, or we get a number of emails on the same topic. Maybe, I know

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some of them are cut and paste, they're really the same email sent by 15 people.

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That's not what I'm talking about. I'm talking about when we're hearing similar

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things from a number of people, particularly people of influence in our

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our own circles, I think that should rise to the level of giving the superintendent

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a heads up. Because I know I don't like to be surprised and I don't take you as a man

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that like to be surprised either. And I would hate for something to hit his desk and I knew

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it two weeks before and I just said, well, I told him call patrons and partners or whatever.

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And the five or 10 people not related to each other said the exact same thing.

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Yeah, and I think we all recognize the fact that there's a difference between a complaint

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That is a complaint

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versus an

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allegation of illegality

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If there's an allegation of illegality by law

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We have to bring that to the attention of the superintendent. I'm not talking about that. I'm talking about just

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Complaining bus number two is late. Yeah, but if bus number 302 is late

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every day for a month and 20 different parents have contacted me about it, then maybe that rises to the level.

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But 20 different people unrelated to each other have contacted me.

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Let me tell you my preference.

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And I said this to you guys when I interviewed.

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If I don't know what's going on out there, you refer it to somebody else and that somebody else doesn't act on it, it reflects bad on me.

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I do like to know if there's a pattern of issues, a similar issue,

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then I would prefer that either you all communicate it to the board president,

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communicate it to me, or communicate it to me that there's an issue.

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And I think you've done a good job of that,

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and I think you guys are pretty smart at filtering through, as you indicated.

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Yeah.

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That one generic email that they get all their neighbors and everybody else to send that same email.

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I think you guys do do a good job.

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because i mean i'm of the opinion that we have a community of 181 square miles over 300 000 people

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it is literally impossible for dr lance hand as much as he enjoys driving around to wrap his arms

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around the entire community and know what's going on with 75 000 kids their parents and everybody

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else that's related to it. Yeah. And I don't like for our

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superintendent to be shocked by stuff. I kind of like to bring it down to

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specifics. We get emails and they say really bad things. Okay. About the

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superintendent? No, no, not about you. I would definitely talk you up. But we've got one just recently.

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And we're not, it's totally confidential and be totally grossly inappropriate to even refer to it except we get this.

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Now, do we have any burden under no individual board member, I'm sorry, I have to switch to the next one, that we should report to the superintendent?

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I mean, I'm assuming that when I get it, the board president is getting it and that kicks in.

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And so I ignored it.

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But you can't assume that we all got it right because you don't know. It's not the manner in which we get those. It doesn't show all the receipt recipients. So you can hear your point. The same thing popped in my head when we got to this. And, you know, I think that particular one.

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Just ask the board president if she forwarded it or he forwarded it.

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Or you could.

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I mean, I.

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Now that we're talking about it.

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on those kind of things though i mean especially an email right if you feel like it's to the level

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where the superintendent i mean i mean generally i think i would just send it to sharon sure and

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i send my emails to sharon and say please forward to the appropriate person that's what i do i send

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it to sharon okay because i don't email them to the superintendent at every level i think that

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really but you don't want to sending you every email you like like my child

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didn't get to I think that implies that you're going to send it to Sharon when

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you say we don't need to change that to be like okay and it's through the chain

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of command we've all sent it to Sharon and he's seen it Sharon does a good job

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and I think it goes back to Henry's point to of knowing when does it rise to

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the threshold so we'll leave it as it's written and that's for practice mr scott send it to

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sharon and she'll know if you've gotten it one time or none and sometimes but just remember

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or shall refer them to the superintendent sharon's referring them to the superintendent

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and then you'll tell her what okay okay let's go to request for reports information access to

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records no individual member shall director or require district police

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repair reports directors the superintendent or other custodians the

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record require shall be about board action if a board member is not acting

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in his or official passage board member has no greater right than remember the

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public and there's a board member acting his or fish capacity shall have the

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the right to seek public information from the district of Irvine an individual

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board member shall not have access to confidential student records an

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individual board member shall seek access to records or requests copies

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from the superintendent at the time of board member is provided access to

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confidential records or reports super initial advise the board member of the

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responsibility to comply with confidentiality requests in accordance

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courts with the law the district shall track and report any requests under this

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provision so forth district information provided the board shall be used the

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district purposes only if a more information press by the board man shall

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be provided to all board members and finally all requests for information

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from staff shag with the superintendent okay I haven't been able to find any

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case law on the matter but I am of the opinion that as a public officer that

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that anything I want is my official capacity,

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is my official capacity, subject to FERPA,

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subject to other cleaning, other regulations.

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So I think there's some contradictory

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interpretation language in this,

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but so long as Chapter 11.1512 is the controlling authority,

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and I don't have any problems with the ambiguity.

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you a team two things and maybe it's in here and I just didn't get it and again

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it information comes from dr. hand has been excellent never had a problem at

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all so this by no means has anything to do I think anything that's that you can

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get through a public information request that doesn't cost money that's readily

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available and a board member should get upon request I think that there should

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be a threshold if it costs staff time or a certain amount of dollars then maybe

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one maybe two or three board members may have that request and sometimes and this

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has happened before where two board members request the same information and

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they haven't even talked to each other I think at that point that information

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should be sent to every board member because obviously this is something on

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the board's mind I think that's Jay ever maker information request about board

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members shall be provided to all board members yeah Henry here's a problem and

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I'm not an attorney don't even play one in real life but eleven point one five

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one two is the controlling law that's it and it doesn't say that two or three

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have to acquiesce to the provision of documents.

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I can think of documents that I would like to have.

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I hope the board gets it going forward over the next two and a half years.

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So the issue is really a legal issue as it relates to three,

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the intent of three board members doing something,

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or does 11.512.1512 literally say that a board member in his official capacity,

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legal opinion is, is a public officer wanting information that deals with

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due diligence matters of the school district, is that a legitimate official

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capacity? And it may be that one of these days we have to figure that out, but I'm

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of the belief right now that 11.1512 says that if a board says what it says and that

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the cost that you've made reference to says, you will put a little clicker on in X number

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of pages and they'll post the cost.

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That's the response of the law.

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So going forward, I'm going to be guided by what the law says, not policy or not procedure.

George Scott not human verified

I will try to respect procedure and I will try to respect law. I mean respect

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policy but if push comes to shove I'm going to be guided by the Texas

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Education Code and I agree Dr. Hint has been beyond belief in terms of providing

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information but now that we're into this going through policies and the procedures I

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I want to make it very clear.

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I think the Texas Education Code says public officer, when he wants something, that is his official capacity.

Unknown speaker not human verified

All right.

Unknown speaker not human verified

Is there any other comment on request for information, access to records?

Unknown speaker not human verified

All right.

Unknown speaker not human verified

Then let's go on.

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Visit to schools.

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Encouraged to visit schools.

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All board members are encouraged to visit schools and attend school events.

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Board members?

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I shall inform the principal.

Unknown speaker not human verified

So are we saying we should inform the principals individually or through the superintendent's office?

George Scott not human verified

You know what, it doesn't necessarily, you can do either or in my opinion.

George Scott not human verified

I think notifying the principal, it can be through my office or you've notified the principal, even as you appear on here.

George Scott not human verified

I mean, I've told my principals, I want you guys in my schools.

Unknown speaker not human verified

Okay.

Unknown speaker not human verified

That's the value of this conversation, too, to hear the superintendent's call on it.

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I wouldn't have given you badges.

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Those stinking badges.

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Stinking badges.

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Stinking badges.

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And I'll tell you, I think the principals appreciate it all.

Unknown speaker not human verified

All right.

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So this is very much an open door.

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from what yeah that's very nice yes they they do appreciate it and it's very nice to be invited

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and included when the superintendent comes and uh dodgeball games erupt it's all very nice

Unknown speaker not human verified

all right then shall we go on to dealing with the media

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president or designee is official spokesperson for the board uh designee shall make statements

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of action or positions upon which the board has taken official action.

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I'd like to highlight this real quick. This is a policy, this is a new procedure, new to the

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district. As you can see at the bottom it says need to be updated. The reason why

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did we put this in here. There had been some discussion about this in the past.

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We felt like this was a revision that needed to be made so I want to make sure

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everybody knows. Okay so let's spend some more time on this than just a cursory

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look at it except that we just did right did we did we look at this was this

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spelled out for us like we've got this from another neighboring school district

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something you want to go line by line all right a the board president

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designation be the official spokesperson for the board to the media on issues of

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media attention be the board president designee may only make statements on

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actions or positions upon which the board has taken official action press

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releases issued by the board should be approved by the board prior to release

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unless an emergency or public necessity exists super new designated staff

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members shall be the official spokesperson for the district on issues

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of media attention that relate to district operations board members who

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receive a call for the media request information comments or an interview

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regarding district business will direct the caller to the appropriate staff

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person in charge of public information who will notify the superintendent of

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the call super new will notify the board to the weekly information packet of any

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media requests if that matter is urgent super to will notify the board president

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who will notify each member via phone or email whichever is more practical

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statements shall not be made to the media regarding personnel or other

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matters protected by law or member retains the right to speak to the media

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as an individual but must understand that any comments should likely be

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interpreted by viewers readers as an official statement of the board in

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speaking as an individual the board member should clarify the issue or she

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speak them as an individual remind the media that official statements of the

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board only made by the board president can remind the media of positions or

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or actions of the board of trustees related to the issue of questions.

George Scott not human verified

I think this is a better policy, much better,

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because it specifically protects the right of a board member to speak to the media.

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I think B and E are somewhat ambiguous, contradictory.

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I think B should say either eliminate B or say the board president or Dorsey

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may only make official statements on actions or positions because if it let

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read literally it actually contradicts a you could read it to contradict day

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policy e says board members who receive a call from the media requesting

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information comments or an interview those are three apples oranges and come

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some quat kinds of category. Information is one thing, comments is another thing, or an

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interview is yet a third thing. And so Policy H says if I get a call from Sebastian or the

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Chronicle or the KD Times or someone, Policy H guarantees that I can make comments on positions

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are things taken by the board but I can't make official comments so I just

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think while it is a 99.9 to 5% good perfect policy I think there is

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ambiguity there that could create consternation in the future I just would

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like the language he cleaned up but it's a good policy I should that and speaking

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as an individual board member should should be changed to will or shall which

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which letter you time now right I last word there instead of should show yeah

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Yeah, should is a suggestion.

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Shall is a suggestion.

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Oh, shall.

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Now it's 99.957%.

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Getting closer.

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Glad I could enhance it for you.

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I'll ask a question on the shall.

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How do we, you know, we talk a lot about accountability.

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How do we hold each other accountable to that?

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Because I seriously doubt that any media outlet will print and or say that statement.

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I got it.

Unknown speaker not human verified

You know, they're not going to they're not going to

Unknown speaker not human verified

Well in regards whether they regardless of whether they printed or not the public is going to read exactly that

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Or it's gonna come out of the 40s of the KDIs T border trustee member

Unknown speaker not human verified

Yeah, well, let's how do we police that you're saying shell if you were not a trustee

George Scott not human verified

They wouldn't be calling you.

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So you are not an individual.

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There's no way they're interviewing you as an individual.

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So all of this is, you know, they wouldn't call you if you weren't.

George Scott not human verified

Yeah, and if Donald Trump wasn't the President of the United States,

George Scott not human verified

they wouldn't be calling him on North Korea or Iran or Russia.

George Scott not human verified

But if you're speaking as an individual.

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If Mike Schofield wasn't a member of the Texas legislature, they wouldn't be calling him.

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Yes.

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That's the point.

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We are elected public officials.

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We have an obligation and a constitutional right to talk to the media.

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Absolutely.

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And I actually, as a longtime reporter, I actually have a higher respect perhaps for the IQ of readers who understand that if you're speaking and you're not pretending to be speaking for the board, that most people can work their way through that.

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Further, I've been quoted several times by Sebastian.

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I've been quoted several times by other reporters, and I don't think one time

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I think it would take the Hubble telescope to find any connection to me having appeared to speak for the district.

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So I just reject what you're saying that because I opened my mouth Lance Hintz lips are moving. Mr. Scott. I think Mr. Scott.

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Mr. Scott. I

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think you misunderstood. I agree completely what you just said. That's what I was saying.

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They wouldn't call us if we were, you know.

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Becky from the block, you know, and I'm just a parent on the street.

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They wouldn't call me.

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They're calling me because I'm on the Board of Trustees.

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So our words carry weight.

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I'm not saying we're not speaking for all of us, but they wouldn't even interview us if we weren't on the board.

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I was more responding to his comment.

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Yeah, he was disagreeing with what I had to say once again.

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I think that's right.

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I was taking it very personally.

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I just have a concern that when a decision is made, we as a board respect the decision.

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Even if you had a no vote or I had a no vote, we can't give that out in the community.

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The decision was made, and we have to respect the decision.

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My concern that I, I guess if you're speaking as an individual, you could say individually, as a citizen,

Unknown speaker not human verified

I don't agree with the board's decision, but it just makes us as a board seem a little weaker.

Unknown speaker not human verified

Well, that's a good point.

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I think there are times where there's certainly value in a dissenting opinion,

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but it doesn't need to be portrayed in a respectful way.

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I mean, the decision of the board is the decision of the board.

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And I think Ashley's comment was taking the high ground.

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Yeah, you saw by the you heard my comment and

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Understand I will support the action of the board which is the high that's in your comment is all you need for the quote

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One thing I would

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Caution against and I do think that this is a better policy

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But you know we have that week between work-study and the board vote on things

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if you're kind this is I'm not saying this is the going policy this is just

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you know you said sergeant of arms thing so this I'm trying to play that role

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here if you telegraph during your comments how you're going to vote and

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the rest of us can read that now we got a problem no get an attorney general's

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opinion on that tomorrow because I don't I don't even think that's theoretical

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theoretical. George Scott says, you know, these are the reasons that I think that the

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school district should pay attention to the recommended grade level, and I'm disappointed

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that we haven't done that. Just pick out the topic, and the consequence of that is by communicating

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to readers and taxpayers and parents and patrons that I am somehow scheming to violate the

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Open Meetings Act. I just don't think you can...

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That's not the type of comment I'm looking at. I'm talking about a comment, let's take

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take this ABM for instance. If someone had came to us in between that and I said, you know,

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as an individual, I'm against how the current lines are drawn. And this is just something that

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I can't support. How do you think, how would you feel if you read that, then I'm going to vote on

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the ABM? So I'm not saying that we, I'm just saying we need to be cautious in what we say

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so we don't telegraph in that gap between talking about it and taking a

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vote how we're going to vote. Any time that a discussion is coming and a vote

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will be taken right on any matter like before we voted on the naming of the

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stadium had we told anyone anything I mean the complex sorry the complex and

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we told anyone how we were going to vote on that before it happened all other

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board members would hear how we were going to vote, how I was going to vote. I

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can see what you're saying. I think Henry's comment is there's a fine line between

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asking questions for clarification, asking questions for more information,

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which may imply my intent of a vote versus my opinion on a matter. George, what you're

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saying does not imply to me how you're going to vote on a matter. It just says

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how you feel about something. I'm talking about, and I'm not saying change is

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policy, what I want to be very careful in doing is that as we speak to the media

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that we don't begin to telegraph our votes through that process because that

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that's the flip side of this and that's that's the practice that I think we you

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know because people can then start polling you. You know Ashley Vann says

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she's not supporting it. How do you feel Mr. Marlowe? Oh you mean the future

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You're talking about future votes.

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Yeah.

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Future votes.

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Future votes.

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By telling it to the media.

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Along those lines, B and H on this seem to have maybe potentially have a little conflict.

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Yeah.

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Because it talks about the board president or designee may only make statements on actions or positions upon which the board has taken official action.

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But on H, as an individual, that limitation doesn't exist.

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So there is a little bit of a conflict.

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Yeah, because suppose the board's president's the one that, as an individual, I don't feel

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that this is the direction we should go.

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Board president just told everybody where they are.

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But look, okay, here's the deal.

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You know, I've quasi burned some bridges.

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We understand that.

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There was a couple of meetings where I've been a real jerk.

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Okay.

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Okay.

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Really?

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But I'm not deliberately trying to be a jerk just to be a jerk.

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So let me translate that to this issue.

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If we have an important issue next February and we know what's coming up,

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and I'm opposed to that, then I have no compulsion whatsoever in if he wants to interview

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or someone else wants to interview and say, look, here's the deal.

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I believe this and this and this, and this is the reason I support this initiative.

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That's just democracy.

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That's the way the real world works.

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If I go too far in public, and I think this board will have to understand that most of my jerkiness has been in executive session.

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I don't even think tonight has been jerk on parade.

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I think it's been pretty straightforward.

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forward. But if something is important to me, if we're going to talk about, are we going to get the correlation, are we going to get the data so we can do correlation analysis so that we understand academics and programs? And if the decision of the board is, no, I'm going to do that, okay, then I'm going to have a choice to make. I'm going to have a choice to make.

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I don't think that's what we're talking about here.

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And so, yeah, it is, because what Henry has done,

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he has put free speech in a finite timeline between Monday of August.

Unknown speaker not human verified

No, that's not what I'm saying.

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What I'm saying is that we have to be careful, because, okay,

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we have an Open Meetings Act that we talk about all the time, okay?

Unknown speaker not human verified

If four of us cannot sit around a table and discuss how we're going to vote

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on a matter because obviously that's against the law right we can't do a

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rolling quorum where I call Ashley and say Ashley I support this Ashley calls

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Brian Brian calls Rebecca and we get not as called rolling collection that's a

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violation couldn't and since he's here use Sebastian as an example Sebastian

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asked George Courtney Rebecca and Brian and report their view or all seven of us

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on an issue that we're about to vote on, we just, is that, I'm just trying to figure out where,

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why, if we're going to do that, then what is the Open Meetings Act all about in the first place?

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Yes.

George Scott not human verified

We could go back and review the video.

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When Henry made that comment, my immediate reaction was, let's go get an attorney general's

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opinion, because that was the crux of his argument. It was about a rolling corn. And I'm

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saying if the Attorney General of the United States, I mean of the State of

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Texas I mean, if the Attorney General of the State of Texas says it is against

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the law for an individual board member to state a position on a public policy

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issue because it perchance might create a rolling quorum, then let the Attorney

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General of Texas say that and I'll keep my mouth shut. But the Attorney General

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The General of Texas, I don't believe on his craziest day, is going to make that determination.

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So we need to be real here.

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You were talking about a fear of a rolling quorum, which you've now verbalized.

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And free speech is not a rolling quorum.

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Mr. Scott, I think that Mr. DeBrell is really just trying to keep our integrity at a high level

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and to make sure that we stay away from any accusation of anything that might appear to be a violation of our claim.

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I'm quite comfortable for the superauthorizing.

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In fact, I'm going to ask to be on the agenda.

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I'll ask for it to be on the agenda.

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And you all can decide.

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I am perfectly content for the superintendent of schools to ask for a formal attorney general's opinion

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if a board member giving an interview showing his right.

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Let me speak to that.

Unknown speaker not human verified

Go right ahead.

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I'm not trying to get there.

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okay and excuse me for you a little passionate here that's not what i'm looking for all i'm

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saying is we for integrity's sake need to be careful if you want to go out there and telegraph

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how you're going to vote on every meeting there is nothing in this document that legally we cannot

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stop you from doing no that's not a problem i'm just saying if that's how we want to operate

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i for one i'm willing to speak to sebastian or anybody as much as policy allows but i am not

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going to telegraph how i vote to him and i would and i would suggest that the rest of us do the

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same thing because then we open up a pandora's box now if you want to be the one that does then fine

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i'll talk how i feel about an item i'll speak why something is important i'll

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i don't have a problem with any of that but i am no way personally since we're saying personal here

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going to telegraph how I'm going to vote on an issue. And I would suggest that we

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have a gentleman's agreement because really it's all the ladies and

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gentlemen's agreement. So we're just not going to telegraph how we're voting

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on an upcoming item in order for people to start trying to pick off votes. Let me

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me go back to Brian's comment or concerns about B&H. I think Brian if we

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can put it in the context of what B is saying is board members you have a

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safety valve that safety valve is the board president. Refer back to the board

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president as much as you want to on official actions of the board comma

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semicolon that being said absolute at no time does a board member lose his or her

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First Amendment rights yeah that's that's kind to have it yeah and I

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absolutely okay and you're right including the board president yeah which

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okay shall we go on are we through this one just one final comment on that

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here's the problem when you put something in procedure and policy if

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you're not careful and you don't work out the contradictions you can be a

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piling one portion of it and being subject to interpretation and that's the

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reason I'm drawing the line I've been on board six and a half months now I don't

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think there's one comment that I've made in the public that has been critical of

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the board except at the board table. I'm not giving a private interview.

George Scott not human verified

Which ones of these?

George Scott not human verified

But you have to reserve, you can't put in policy that you can't talk about how you're going to vote.

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And I'm not suggesting that we do. I'm not suggesting that we put in policy,

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you don't talk about how we vote. I'm suggesting that we're just very careful

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in our comments to the media not to send a message about how we're gonna vote. Now

Unknown speaker not human verified

if you want to do that then that's that's up to you as an individual but I

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know that's something I'm gonna be careful about.

Unknown speaker not human verified

I think we're good here. You're still 99.95 on this one.

Unknown speaker not human verified

You're still 99.95% here on this one?

Unknown speaker not human verified

I'm sorry.

Unknown speaker not human verified

I'm sorry, guys.

Unknown speaker not human verified

It's all right.

Unknown speaker not human verified

You said you were like 99.95% there on that one.

George Scott not human verified

You're good.

George Scott not human verified

There's nothing in here that intimidates me like the other one did.

George Scott not human verified

Okay.

George Scott not human verified

Okay.

George Scott not human verified

I like it.

George Scott not human verified

All right.

George Scott not human verified

I thought we were going to be gifted, Dr. Rutherford,

George Scott not human verified

and get through this in record time.

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I was obviously wrong.

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Yeah, we've got another hour left to go.

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We have 30 minutes left to go.

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30 minutes left.

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And we want to get to the goals that you have.

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Board and Superintendent Communications, this is BEB local.

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Board shall communicate with the board as a whole or as an individual of the board,

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members of the board.

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Board will communicate with the board as soon as possible on emergencies.

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May communicate with the board present and present communicates with the board.

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Board will communicate with the community through public hearings, presentations, civic

Unknown speaker not human verified

clubs. Individual board members cannot speak in an official capacity as the board outside

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of the board meeting. The superintendent and the board president shall communicate information

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in a timely fashion to all members of the board.

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I think it's an A plus on all of that.

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Any concerns on that one?

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All right, very good. Let's get into the evaluation process. This is both legal and local BJC Dean.

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Document evaluated and superintended is confidential. Most of this is by fact legal.

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An instrument used to evaluate the superintendent based on the superintendent's job description and

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performance goals shall be adopted by the board. Board shall furnish the superintendent with a copy

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the completed evaluation and she have discussed the conclusions in a closed

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meeting clarify the super news or bro assume by the board clarified to board

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members super nits role foster an early understanding of my board members

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evaluation process developed a sustained harmonious working relationship

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insurance administrative let's the leadership and excellence in the

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district the board made any time conducted communicate oral evaluations

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to augment its written evaluations.

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Board's contract and salary adjustments shall be reviewed

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and considered at the same time as the evaluation is done.

Unknown speaker not human verified

Do you think most of that's legal?

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It should be compliant with the contract?

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There's been a change in the commissioner's recommendation on this,

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and I draw your attention to B.

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and I when is when is your evaluation next week but let me tell you I know

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what you're referring to the commissioners report this board is so GT

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that they beat the Commissioner to the punch and they did approve an evaluation

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of mine that removed the commissioners report before the commissioner even

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removed his report and said it was no longer a valid process. Yeah and you know

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now he says now the ruling is if you've done that that's cool and then going

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forward which would be two weeks from now after that evaluation I think B as

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in boy needs to be worked on because it says the the commission's recommendation

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now is the instrument shall be to evaluate the superintendent shall be

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be based on job description and essentially test scores.

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Takes goals out of it.

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It allows the board to add to that,

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but as the minimum requirement, it

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says the commission recommendation is that job

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description and student achievement.

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There's no end to the depravity of the Texas Education

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Registry.

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yeah it's a bottomless pit of disaster yeah and i i understand what you're saying

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and that's not a criticism of the board

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in the very real future after we get past the bulk of the action cycle

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Michael is going to give more clarification.

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Student achievement, though, can be deemed student achievement in multiple ways,

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which can influence test scores.

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Sure, sure.

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The evaluation from this board is not going to be about test scores and only test scores.

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It's going to be multiple measures of student achievement.

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SAT, PSAT, ACT, AP classes, dual credit, those type of things, which all are an influencer.

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Yeah, and all that's fine.

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All that's fine.

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I just I that just jumped out at me because I'm up to my eyeballs with this right now and vacillating back and forth from

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What I got the six different report. Yeah

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Yeah

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Okay, dr. Hemp why don't you give us a little bit of an update this is coming board members

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next week

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As you know in my contract you guys have I'll be real quick you guys are evaluated me in January

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I've only been here six months, so there's not a lot.

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We didn't set a lot of performance goals in the beginning.

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I'm looking forward to tonight and the evaluation to move forward on a year's process.

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But on the 9th, you will receive the evaluation similar to what I did when we did the quarterly.

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You'll have some information that I provide.

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I'm going to, and please bear with me, I'm going to provide you with quite a bit of data.

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all those key points I just spoke to because I think we have to have a

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starting point right and this will be in a document so that you have it you will

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evaluate me you will receive it on the 9th you'll return it to Rebecca on the

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13th so that she can do in a cumulative then at the workshop on the 17th you

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You guys will have time alone to compare all of your stuff.

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In closed session, this is an extra time,

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to come up with a summative that you will then

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present to me at the regular board meeting on the 30th.

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So it gives you guys a little bit of time.

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You receive it on the 9th.

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You return it.

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Rebecca puts it all in one document.

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Pretty amazing.

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You have a conversation about that document,

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Because all of you may come up with stuff, but I want you to narrow it down to what's

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most important to you for me to work on, and then you'll present my evaluation and what

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you want me to do for this next coming year.

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Believe me.

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As individuals, and then it will come to a cumulative.

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Yes, sir.

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Correct.

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Yes, sir.

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It is a process that has worked extremely well for me in previous years.

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We would turn it on Friday the 13th.

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And part of that has, you know, we've got strategic planning that's coming up that's going to be a part that we can.

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What I'm finding out here, and I'm probably speaking too much.

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No, you're fine.

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We've got a lot of the stuff that's being recommended, but we don't have a mechanism to report it to the board.

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I mean, we don't.

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We don't have a mechanism that says, hey, in October we're going to report this.

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So I want something that formalizes that. A strategic plan, a document that says these are the data points.

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And a matrix that shows what's happening when.

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Absolutely. Absolutely. So I think that when you see the stuff I send you, the document that I have, the instructions, it's a work in progress.

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Really, it's a blessing that we're doing this on a six-month thing, that we can really get a good head start now coming up after this evaluation from the next evaluation year.

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All right.

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Okay on that, board members?

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Cool.

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Let's turn the page.

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Violations.

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Board operating procedures.

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This is your local policy.

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Letter A, individual board members are encouraged to express their concerns about another board member's performance directly to that board member.

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If addressing this directly with the board member does not resolve the concern, then

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the discussion with the board president is appropriate.

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The board president shall discuss the concern with the individual in question on behalf

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of the reporting board member or shall moderate a discussion between the members.

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Board members shall remind the board member whose behavior is in question about the code

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of conduct.

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If the board member in question does not believe his or her behavior is in conflict with the

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code of ethics or an agenda I am specifying, I may list on the agenda for an upcoming board

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meeting.

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The matter will be discussed by the full board in closed session.

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And then if the concern involves the board president, the board member may discuss his

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concerned with the DP all right so is this what you're saying is you got a

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problem with somebody taking that with person then you take it to the board

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president for press it takes it to that person that didn't help you got a closed

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session that's him hey the board president's the problem in the VP VP

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falls in all right you felt they can stay focused on me all right we got 28

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minutes left 3.2 board discussion on goals for the district

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Okay, so we have not enough time to talk about this to the depth that we want to, but I want

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to make sure that everybody has an opportunity to talk about goals that they have for the

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district and be able to articulate those to the superintendent so that he can, you know,

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he's talked about that strategic planning and all the things he wants to do.

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So I want everybody to have an opportunity to do that.

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and I have given Mr. Scott my promise that we will give time for him to talk about the

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document that he presented last time we didn't get a chance to even get to. And do we have copies of those?

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Thank you. Sharon, do we have copies of the document from Mr. Scott for all board members?

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Oh, sorry, they're on my desk.

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It's my, it's my, the pink folder, you know.

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Yeah, okay, so if you'll, so begin and let's talk about some of those things knowing that

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we have 28 minutes for seven people.

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I don't want to hurry you.

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I didn't expect that we would spend so much time on board procedures, but once you get

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into that and you have contradictory language, there was really some important issues there

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that had to be dealt.

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Here's my, here's the only reason that I really wanted to be on the board, academic accountability.

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Now I have shared with Dr. Hinn a much more detailed document of the kind of data that I think.

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I can really summarize this pretty quickly.

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This KDISD that the district put out for 2014-15, talking about student achievement, star, end of course, and grades 3-8, this document is everything that has gone wrong in public education accountability in the state of Texas.

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No, it wasn't in that one, but I'm going to get to that.

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This is where this district, like every school district in the state of Texas,

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likes to tout the passing records on the star and the end of course.

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And it doesn't tell the truth, the whole truth, and nothing but the truth,

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about what students do and do not know.

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And this is rooted historically back into 1989-90 from the TAS and every testing regime that the state of Texas has had since 1990, since we developed a constitutional test, has been based on two principles.

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Actually, three.

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One, we're going to have grossly underleveled student academic measurement.

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or two, we're going to have ridiculously low standards on a criterion test.

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The third one is, or both at the same time.

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And in TAS, it was both at the same time.

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In TACS, it was somewhat both at the same time.

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And in STAR, it is mostly ridiculously low standards.

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And here's the reason that that's the case.

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In the early 90s, as we were leading up to, the TEA has always been in the courthouse,

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just coming out of the courthouse, and on its way back to the courthouse.

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That's the way it's been.

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But 1993, 94, 95 was different.

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And what made that different was that the TAS became a constitutional measure

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of student academic performance at grade level. And at that point in time, from TAWS to TAX to STAR, we have created a testing regime that does not tell the truth about what students do and do not know.

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If you look at this, and Katie's no different, 89% passed Algebra I, 96% passed Biology, 97% U.S. History, etc., etc. That's 37 to 45% content mastery.

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You don't have to be a psychometrician to understand, to come to understand that a criterion

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test with that cut score as the passing standard was deliberately, willfully designed from

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1989 through this day so that school districts that had mediocre performance could pass or

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mostly pass the state's accountability test.

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test. That's what it's about. And so when we look at statistics like this, we don't understand that

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at KDISD, for instance, that yes, 91% of our kids passed the end of course algebra test.

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91% got 37% correct, but 46% fewer blacks achieved the recommended grade level than the passing level.

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37% fewer Hispanics achieved the recommended grade level than the passing standard.

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29% fewer of all students are at risk students.

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students. Between the at risk and the not at risk, there was only a 21% equity gap,

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and that's what's driving this, the equity gap. There was a 21% equity gap between non-at

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risk students and at risk students and of course algebra. When it got to the recommended

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grade level, the gap grew to 51%. We've got to start telling the truth about what's going

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going on. So rather than go into all of the information, I have a lot of confidence and

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a lot of trust, and I've said that publicly and I've said it privately, I have a lot of

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confidence and a lot of trust that Dr. Hinn is trying to get his administration in place

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to begin this process. Here's the deal. This is the truth, the whole truth and nothing

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but the truth. If you don't pull the student by student database in a

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classroom by classroom environment with special education and at-risk and

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non-at-risk and GT, if you don't do it in that way then you cannot analyze the

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data. I have put out in my career, I have bid reports. Two of them beat the Ram

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corporation by two years okay I spent twenty twenty thousand dollars they

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spent two hundred thousand dollars they concurred two years after I put my

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reports out on that. You have to pull data in a specific way so that we can say, well,

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is the writer's workshop working at our Title I campuses? And believe me, we have curriculum

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administrators that are pushing writer's workshop on Title I and other teachers. We don't have

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have a stick of evidence. We don't have a nano-mounce of evidence that allows the board

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to look at how the programs that we're paying millions of dollars for literally are working

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in different environments. We don't know if the Reader's Workshop is working. We don't

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have any accountability over staff development. My position is that we tell the superintendent

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once we work through this collaborative process, which I support, we want you to hold.

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The only person we hold accountable is him.

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We want you to hold.

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We want a report from you on how is this program working.

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What is the empirical standards that you're doing?

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And I wish I could make this easier,

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But there is one and only one way to connect the dots to get past the misrepresentations that are imposed by the state of Texas on accountability.

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There's only one way.

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We have teachers at Title I campuses who are getting inundated.

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It is so unfair to be a teacher at a Title I campus.

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They get the short end of the stick.

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But we have schools, even at our high performing school campuses, secondary, we have 30 and

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40 point equity gaps with at risk students and not at risk students at even some of our

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high performing.

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We've never looked at the correlation between PSAT and college entrance.

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We've never looked at the correlation between STAR and AP or STAR and PSAT.

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We've been giving the DLA for six or seven years.

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Not one single report has ever come to the board.

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I've done independent research and I think the DLA is of minimal use, but I can't assert

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that until I get the data.

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So what I'm saying is rather than me go through, what I've given him is like a doctoral dissertation,

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but it's not as hard to pull the data as it appears. But until we get the data, the theory of accountability is just that. It's hypothetical.

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And so my goal is over the next two and a half years, I want this board to establish a culture of actual accountability based on real data,

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based upon performance indicators.

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And the truth of the matter is,

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every piece of data that KDISD and this board needs

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is in the computers of KDISD.

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Why do we have 90%?

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We have over 2,000 kids who are at the advanced level in KDISD

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on the Algebra I test as an example.

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over 2,000 scored advanced. We have something like three or four hundred that matriculate

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to making a five, four or three on AP Calculus, AB Calculus. Now, here's what I'm saying.

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What does passing mean? What does the recommended grade level mean? What does advanced mean?

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Me, if you can have 2,100 students making advanced scores on Algebra I

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and have 300 to 400 making 5, 4, 3 downstream in AP calculus, AB calculus,

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we've lost control of correlation.

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And I want to establish correlations.

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I want to help the superintendent establish correlations.

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And unfortunately, I've been around this town for a long time,

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And I have great confidence in Dr. Hinn. I have minimal confidence. I know that he needs help in this curriculum department. We need to bring rigorous, empirical-driven accountability to what's happening in our curriculum department.

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It's not I'm not a philosophical crazy. I'm not driven by ideology

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I'm driven by data and numbers and analysis and and finally here's this as a reformer

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All the numbers are on my side. I've seen all the numbers in their different components and

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We owe it to parents if we tell them your kid is advanced in algebra

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or advanced in biology, then we need to understand why do 23% of the graduates from Martin Ranch

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High School get a baccalaureate degree in six years on the last report for the Texas

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Higher Education Coordinating Board?

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Why is that?

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Why do 40 plus percent of students at certain schools have a GPA under 2.5 at four-year

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universities and two-year universities. There is a correlation to be understood.

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We just leave the data in the computer and in the process we don't hold our

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curriculum administrators accountable for the success or failure of programs. I

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don't want to be deputy superintendent for curriculum. I don't want to be deputy

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superintendent for accountability. I want the superintendent to drive that. In a

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perfect world the only person that I talk to are you and the superintendent.

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And if I get frustrated when a 110 or 115 thousand dollar a year curriculum

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person comes and talks and I want to try to spend would you talk about the future

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grade level, the recommended grade level, what does that mean? And we can't

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even get past an acknowledgement that there's something other than the passing

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rate. It's not going to happen if the superintendent of schools doesn't do it.

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I'm not stupid. I understand that. If the superintendent doesn't drive this train

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then it's not going to happen. But if the board doesn't want it to happen then

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he's not going to have the support he needs in his transition in this

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administration. I'm willing to help anyone understand anything. I'm not going to apologize

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that I spent the last 40 years of my life actually understanding public education accountability.

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And I'll be glad to help in any way I can, but the bottom line is this. If we don't get data

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out of that computer and if that data is not honestly evaluated if necessary by

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outside independent sources independent consultants who have no vested interest

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in what the answer is concern I have right now is we have people within the

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administration who have a vested interest in the answer I don't care what

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what the answer is as long as it's truthful and it's honest and it's empirically driven

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and it's statistically valid and reliable.

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That's where I'm coming from for the next two and a half years.

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I don't want to ever see this kind of report ever go public again without at least a master

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system.

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Thank you.

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I'll take this one. Conceptually there are a lot of things I can't disagree with there. I actually

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believe and have believed this since I made a trip to Santa Fe after my first year on the board,

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that we are, KDASD is actually in a position to close that equity gap if we

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make that a focus. And that's something I think as we get into strategic planning

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we need to determine what is our focus, where are our goals and where where

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should we go. When you start saying things like there's only one way until I

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get the data. That concerns me a little bit, right, because you're a

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trustee. We are going to work with the superintendent on our goals and I

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believe you said it correctly, it takes the superintendent to make this happen,

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right, or whatever. I also take a little exception to the 23% six-year graduation

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rate from Wharton Ranch High School because we know we can't rely

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rely on that number. Why? Well for one reason we have a tremendous amount of

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students that go to school out of state. How many? I'll ask you the same question

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how many? Well if you want to, this is kind of sidetracked, the Higher Education

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Board does not report out-of-state students. If you look at the actual

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enrollment where kids go which is available in the Higher Education

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Coordinating Board. You look at the PSAT distributions. You look at the SAT

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distributions. You look at the percentage of kids who are below the 1070 success

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initiative. You look at the number of kids that are below the 1110 criterion

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on PSAT. You can make, you don't have to be Sherlock Holmes to say that Seven

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Lakes may be 15 to 18 percent and Martin Ranch may be 4 to 5 percent. I'm not

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picking on more ranch no understand but here's the deal one way you can pull if

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you pull data and that's not me saying that that's actually dr. Paul Clopton

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that's dr. Omar Lopez that's dr. David Klein that's dr. Sandra Stotsky people

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that I've worked with if you pull data and you go for mediums and means and 25

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and 75 percent that is very superficial analysis when I say one way you've got

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to have FERPA clean student by student data you've got to put it into the

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classroom units and then that's the basis that's statistical Brian that's

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not George Scott's subjunctive tense

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well I mean and that's that's the point that's one little point that I make and

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we go three minutes to talk about the statistical analysis of it and that's

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not really what I was getting at. It's just, look, I think there are ways we can

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get there and I think we're moving in the right direction, but I am concerned

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when I have a single trustee that's talking about, I need this data, I need

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this data, like you're the research analyst on it and I have concerns with

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Well, here's the deal then. I want this board to get the data. I want Dr. Hint to get the data. I want to use my influence that the board will get this data. I can't make the board get the data.

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So if I use the pronoun I, then maybe I should say mistaken personal pronoun.

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I can't make policy.

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I understand that.

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But what I'm saying is if we don't get the actual raw data in a very research-based format,

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I'll be more precise.

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If you don't get the research-based data so that it can be appropriately psychometrically

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– I tried not to use that word – psychometrically analyzed, if you can't do regression studies,

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if you can't do correlation analysis, if you can't do all of the statistical functions

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with that data, you might as well not pull it.

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So when I say there is one way, there are many ways to evaluate the data, but to pull

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the data to make it psychometrically sound and to be able to be statistically valid analysis,

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there is a fairly narrow lane of pulling the data. I'm sorry, but that's the real world

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of statistical science.

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And I get it. And I know, and I get, and I, yeah, and very data-driven on this, but, you

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you know i'm looking at this probably more thirty thousand feet where i'm

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saying look we've got to come together as a board and administration and decide

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where we're going as a district

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and i i get you have an honest assessment of where you are

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as well

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and set our goals

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determine what

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our objectives are

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uh... and how to measure those and that's where the accountability comes in

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and i know that data has a

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a huge role in that. I just, but I see that as a process that I believe we're all on board

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for going through that process. It will become clear. It will become clear as to whether

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or not this board is on that path. Mr. DeBrett. Just to step in a little bit because I think

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the question was what are our goals so we as individuals so we can kind of

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bring them together as our goals as a board and Brian I too my second year as

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a board member I went to Santa Fe and that week was eye-opening and the

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importance of closing the achievement gap and I've been talking about that for

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for since I got here.

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I mean, Bill, no, I've been talking about that.

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I mean, I had a former Secretary of Education

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look at me and say, if anybody can do it, Katie can do it.

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And I believe that we can.

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But I do believe that we need to look at it as an overall,

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we need to get the data, but we need to look at it

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as an overall plan through a strategic plan.

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I mean the things that I would like us to begin to see and and I'll step back

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a little bit and at this time last year I was not gonna run for reelection

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because I had hit my head up against the wall so much about these issues that I

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was just I was moving on and when we hired dr. hint that changed my mind

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because I believe now we actually have a chance to make a difference in the lives

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of young people and stop talking about things that really don't matter and I

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believe what we need to work on this upcoming year is getting some solid

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district goals and I think our strategic plan definitely needs to be a part of

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that and until we get solid district goals then we come up with

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superintendent goals and they need to align. In other words, whatever our district goals,

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our superintendent goals need to align with those so that they're moving in that direction.

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Closing the achievement gap definitely has to be part of that. When we get the reports on that,

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definitely has to be part of that. But we have to look at it, I believe, even more as a whole.

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You know, we need to look at how do we achieve more, say in the area of opportunities for

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young people.

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Because we say a lot that not every child is going to college.

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But let's be honest, when we say that, we're not talking about my child, we're talking

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about your child.

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You know, we're talking about our neighbor's child because we honestly believe our child

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is going to college.

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But if we're serious about that, then I think we would expand some programs that help those children.

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You know, like our ROTC programs.

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I mean, ROTC, military service, is a path out of poverty.

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It's a sure path out of poverty.

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We would expand things like dual credit.

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We would look at things like early college high school.

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because I firmly believe and I was one of those kids at risk so this isn't

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theory for me this is real life when I was exposed to college-level work and I

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realized that I could do it it gave me the confidence to go if we don't expose

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kids to college-level work who don't have the confidence to go they're not

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even going to think that they can go we have to take steps like that we have to

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to begin to give these young people opportunities and that's why we're here.

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And we also have to begin to expand programs that keep them engaged, like our fine arts

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programs and our athletic, I mean we all know about our athletic programs, but our fine

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arts programs and demand a higher level of excellence. Not simply so they can play their

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drum better or toot their horn but I know that when they're engaged those

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coaches those band directors those dance line directors I don't even know what

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you call them actually the dance director person the description we got

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they become mentors to these young people and they help them sometimes

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through these difficult times of transition in high school when they're

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making decisions as 15 and 16 year olds that will affect the rest of their lives.

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We have to begin to focus on things like that so that we can close the gap.

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You know, we have to also, I believe part of that strategic plan and part of our goals

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is to communicate better with our public. We have to have more two-way conversation,

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not just with one sector of our public, not just the sector that agrees with us,

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but the sector that disagrees with us as well. And we have to begin to get our

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entire community behind these goals, but we have to hear what's important to them

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as well. And as part of that strategic plan and as part of our plan, we have to

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put steps in place to make sure we get there not just for the district but for

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the superintendent and then then it's time to evaluate you but until we get

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those things in place you're doing a great job and I believe you and I

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I believe you will and that's why I'm going to even run again.

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So, with that, I'll...

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Ms. Vance?

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Yeah, I'm just shooting lights on my phone.

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Sorry.

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Share your goals with us.

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I have the ice in my mouth.

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No, I think I'm good.

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It's almost 8.30 and I'm sick as a dog.

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I meet with engage to learn who's driving the strategic planning process and you know what

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I'm gonna make engage to learn do they're gonna sit down and watch board meetings they're gonna

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watch this meeting then I'm going to share with engage to learn what came out of my evaluation

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and those are things that I'm going to share with them as we go into strategic planning because they

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need to know what's important to this board as much as we need to know what's important to the

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community so we can bring those things collectively together to drive exactly what you're saying where

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we want to be a year from now three years from now six years from now ten years from now and

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And there are going to be those data pieces.

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They're going to see this information.

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I can't do, you know, I told you all this in the board, in the interview process.

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We can come up with a hundred things to do.

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We really can, but we won't do them very well.

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I need you guys to come together on what are these real things that are impactful.

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And I do believe closing the achievement gap, to sum up what you said,

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is providing multiple opportunities for kids to be successful in our schools.

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Sometimes it's not how well they do in Algebra 1, but have an opportunity to be in JROTC

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because then that keeps them coming to school and doing well in Algebra 1 because they've got that.

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So I'm there. I get it. And I do.

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And I think we saw it in the most recent release.

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I'm just going to say it right now.

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We've got some work to do with our African-American population,

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which is probably a lot of the kids at Morton Ranch or May Creek. We've got a specific population.

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Single Ranch.

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Hispanic, yes, absolutely.

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Katie.

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But if we look at it by numbers.

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By numbers.

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So I look at data that sometimes is punitive, but you can get some good information out of it.

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So, you know, been here six months and I will tell you this, in six months, I think we've gotten quite a bit done.

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done. We just need to take that next step now and get a strategic plan in place, not

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be a compliant school district. We need to get a mechanism in place to report this information

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to you guys so you can expect it, not only to you guys but in this room so the community

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sees it as well. Be honest with our data. As much as we tout how good we are here, I

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said it right when I got here. I think I said it to Sebastian. We can't get complacent with

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this because there are areas in every school district that we can find to do better and i

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think sometimes we overlook those areas and we try and mask it with this stuff here i'm not denying

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that katie's got areas to improve and nor am i denying that we are a showcase school district

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i mean we really are although the standards that we are being showcased on across the state of

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Texas, a lot of people may not agree that 32% mastering the Algebra I standards for

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the STAAR Test is a good indication.

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I get it.

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And I understand that we have to show just it's not about STAR, it's about our PSAT,

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our SAT, our ACT, our dual credit, our CT enrollment, our vocational enrollment and

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some programs that we can bring into place that will provide multiple opportunities.

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But let me put a downer on that.

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With all of these things we're talking about, we also have to worry about budget constraints,

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all right, because things cost money.

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Absolutely.

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We need to make sure that we're making wise decisions.

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It's easy.

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I've been there and seen boards do it.

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I want this, I want this, I want this.

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And then I bring it back to them and say this is going to be about an $8 million reoccurring expense

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to the school district to do all that you want.

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And that's when some real thought process goes into it.

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So we'll get there.

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I don't want to be the Debbie Downer, but while I was hearing a couple of people talk, I kind of jotted some notes.

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And one of the things was, you know, what's the timeline to look at the data that Mr. Scott was referring to?

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And the next question was, what's going to be the cost?

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And are we going to hire a team or a person that will specifically run that data?

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And that will be their sole job is to dig into that specific data to find out where are the gaps and things like that.

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because I don't from what I'm gathering I don't know that we necessarily have

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the people to do their jobs that they're currently doing and dig in and get the

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specific data that we need because something will suffer I don't know that

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we can do it concurrently with what we're doing right now and not have and

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maybe I'm wrong but would something would would something suffer if we said

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okay you know what you're doing this job right now but we want you to do this job

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and now dig into this data. So I know that's not something you can

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necessarily answer right now, but I guess the timeline on, you know, that's

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I guess that needs to be part of our goals. What kind of timeline are we

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looking at to see what is the data, where are the weaknesses,

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how and then so where are the weaknesses, what is the timeline, what is the cost

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going to be and then of course like you said strategically planning out how do

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we how do we fix it and to bounce off of what you were saying with this the ROTC

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and all the different opportunities you know there are kids like you said that

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we're not gonna go to college I have one in my house and and she very possibly

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may not go to college because she her goal is to be a professional dancer and

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in whether she ever steps foot in a college is yet to be seen she talks of

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maybe doing it one day because a professional dancer's career is very

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short but there are students in this district that flock to Houston because

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they're going to the performing arts school there God what it would be like

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to one day build a performing arts school in Katy to where we're not having

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to send these kids that are super talented that are going into HISD to

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their performing arts school but we could keep them here you know parents

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driving into Houston, kids driving into Houston to go to HSPBA, we could keep

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them right here in this district and and send them to a performing arts school

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right here. That would be amazing if you know if that were a goal for us and

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that's not gonna happen in a year but it could be a long-term goal that that's

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something that we could offer them here. Part of strategic planning would be if

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that's something that the community and the board plugs in then the first thing

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is to investigate the possibility of doing these things and bring these cost analysis

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to you.

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Right.

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Back to what you were saying, though, I get it.

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It's, you know, I brought to you guys a reassignment, a realignment.

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I think that we can get a little leaner.

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I think we can do things a little bit more efficient and we're slowly going to work our

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way through that.

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It takes time to do that because you work off of retirements, resignations and things

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like that.

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All right?

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But the same thing goes into evaluation of programs.

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You know, you don't want to keep on doing things that you're not getting things out of that are costing money.

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So program evaluations is just as important as, you know, structuring your people as well.

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But they take time.

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I'll tell you, things in public ed work at a snail's pace.

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Once the school year starts, man, you're almost locked into that year.

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I think, Courtney, that's a fair question.

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You're asking cost and time.

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I want to give you my best estimate on what I've handed you.

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This stuff.

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I have put in requests to the Texas Education Agency and the Higher Education Board that are of similar complexity.

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It cost me about $1,200.

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Due to inflation, I think that if I were to put in, going back to newspaper days,

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if I were to put in a public information request,

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I'd probably take you to court if you wanted to charge me more than $5,000.

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So $5,000 is what I think it takes to pull all that data because the retrieval is actually very simple.

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And I agree with you, Courtney.

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I don't have a lot of confidence that the internal staff has the psychometric and the statistical background to evaluate it.

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So I think that you could get the basic statistical correlation, regression analysis, and all of that for about $15,000 to $20,000.

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So I think that what I've handed you, a worst-case scenario, is about a $20,000 to $25,000 exercise.

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What would you get for that?

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What you would get is you don't have to do it immediately.

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from that data you can say wow we're spending this many millions of dollars

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on the DLA and we're seeing a correlation analysis between classroom

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grades and STAAR Test that is absolutely totally contradictory to the STAAR Test

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make a decision do we want to keep spending millions of dollars in

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and allocated resources to do the DLA program.

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The DLA program is not a validated test.

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What does the data show?

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So I'm saying you could get to decision points probably for,

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you know, I'd get paid, I'd pay $5,000.

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I don't know how you allocate that internally because that,

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but to me that's a 20 to 25,000.

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retrieval and professionally statistically validated correlation analysis that would say,

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issue one, here's what the data shows.

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Issue two, here's what the data shows.

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Issue three, here's what the data shows.

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And then from that, from that, okay, then you make policy decisions.

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That's where the cost is.

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The cost is not the data and the initial analysis.

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The cost is what do you feel compelled to do when you've got that data.

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So my answer is, I could be wrong,

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but I've put in a ton of public information requests to Houston ISD, Dallas,

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Fire Ed, University, I mean, all across the fruited plain.

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And my best guess is, if I were doing that, it'd be a $25,000 process.

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Period.

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Now, I do remember saying at my first board meeting that I'm not going to get into line

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items here, but I envision maybe up to $250,000 that I would like to see manipulated in the

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budget.

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You've already done one in-house counsel, even though I didn't say it.

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That was one of them, okay?

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And I remember telling you very early on, don't think that when I say $250,000 that

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this project is a 250 000 i i think i estimated back then it was about a 20 25 000. uh mrs van

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you had something to say yes i did have a thought um um um i agree with henry's importance of

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closing the achievement gap and um one and one thing that i would like to speak to that i see

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already happening in the six months you've been here that I think is

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important to keep as we grow is the importance and our goal of keeping

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communication strong that's something that has changed drastically in the six

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months that you have been our superintendent our district before

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communicated but it was kind of a minimal kind of need to know not you

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know now it's a it's just so open and it's friendly and it's it's communicative

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and aren't really kept in the dark about a lot of things and and I still think

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you're we're finding out as a board because you communicate and you're

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finding out as a leader of this district what parents want to find out about and

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what the community wants to know about so I think that's something as we grow

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as a district we need to always keep in mind that we communicate because we're

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only going to get bigger and whenever I show people the district everyone thinks

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that the southwest quadrant where my neighbors and friends live is just so

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so huge and the traffic is so busy. When I show them the map and they see how much more

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we have to grow up north, they're like, oh yeah, we're just a tiny little corner. As

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we grow and we change and we just need to always keep in mind and keep in our goals

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that communication needs to be strong from the campus level to the feeder-patter level

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to the district-wide level and from board president down and superintendent down. That

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That for me is something that I've noticed a sharp change

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in just six months, whether it's from you to us

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or from you to the district or you to your administration.

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And it's quick, it's prompt, it's concise,

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it's not filled with rhetoric, it's straight to the point

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and it's very respectful, so I appreciate that.

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I wanna say probably my last thing here.

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Kind of back on that achievement gap deal.

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And again, for me, it's real because I was one of those kids, okay?

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And my friends were some other ones.

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The Bible says in Proverbs that where there is no vision, the people perish.

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In the New American Standard Version, it kind of opens that up a little bit,

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and it says where there is no vision, the people cast off restraint.

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When I was a ninth grader in high school,

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I thought an engineer was a guy that drove a train.

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And you should laugh.

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No, I did too.

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But a lot of those kids aren't exposed to what's available to them.

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So what do they do?

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They cast off restraint.

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They cast off restraint because they don't have a vision for their lives.

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So as we go through this process, we have to make sure that we give these young African-American kids,

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these young Hispanic kids, these kids from at-risk backgrounds, a vision for

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their lives so that they put restraint in because no matter what we do if they

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don't engage they don't receive. And I would say that that same verse applies

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to us as a board. We need a vision that's clearly spelled out on the direction

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we're going so we can put in restraint so we can say this is something we're

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going to do and this is something we're not going to do because there are a lot

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of good ideas out there but the question is does that good idea reach our overall

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goals that's the restraint that proverbs is talking about that we have to have a

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vision for what we want to be five, ten years down the road and put ourselves on that path

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now so Dr. Hint can put the restraint in the administration to put us on that path.

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And that's not a bad word. Restraint is a negative thing. It's just a discipline to

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go in the direction that you determine is correct. The restraint for a young man or

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young woman who wants to be an engineer is algebra one in eighth grade. That's

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the good restraint for them and I think that we need to remember that as we go

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through this process for both us and for those young people that are in that are

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in the gap.

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to say this, but if you ain't got data, you ain't got the ability to evaluate.

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So I'll do it grammatically.

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If you don't pull the data, you're talking about the theory of accountability.

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If you pull the data, you can pick and choose from that the priorities that you want to impose.

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Okay.

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Okay. And you know, you're right, when you say there's one way, it's kind of like Curly in the, you know, Curly.

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But honest to God, Brian, you've got to pull the data so that the gurus who do statistics can manipulate the data and do the analysis.

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So when I say one way, I'm not saying like A&M, you know, Highway 6 runs both ways.

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It is the data has to be in a spreadsheet, an access program,

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multiple spreadsheets that can be dropped

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into a statistical database.

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And then it becomes, that's the reason it's only

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going to cost about $15,000 to the whole project, $25,000.

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Because to write what I've put on there

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is a lot more complicated than analyzing it.

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It really is.

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I mean, it's not. It's not. What you do with it is the complication. How you evaluate it is the value choice. But if you don't have it and it can't be credibly evaluated, you don't even have the chance to start asking the questions.

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What can we do to improve the academic opportunities for at-risk minority kids in this district?

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Right now we don't have the data.

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And I'm not saying that the curriculum department is not doing anything good.

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I'm saying this board simply has no basis, no foundation, no...

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And the superintendent doesn't either.

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To be able to say, okay, I'm going to drive by empirical analysis, at least to start with,

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and then professional judgment, experience, cunning, intuition, all those other personal factors.

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But we've got African American and Hispanic kids in this district that we've got to do more for.

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And we've got to figure out how to do it.

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I agree with you Mr. Scott and I'm so appreciative of this board and the visions that you have

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and as I listen to each one of you speak, I hear your hearts and where you want to be

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and what your experiences are and our backgrounds and our children and our neighborhoods and

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all of that.

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And Mr. Scott, your many years of background with data, I feel that passion from you and

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I know that you have a lot of experience there and you can help us with that.

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and I appreciate you very much but in sharing some of our goals I wanted to

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share a couple of things that I mean I hear a common theme here and that's you

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know our students and what we want for them and we want opportunities for them

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we want them to do better they can do better we're doing really good but we

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can't I love what dr. Hintz said we cannot be complacent we must improve we

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We owe it to our students.

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And the at-risk babies are the ones, you know, I just have a heart for them.

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You know, I've mentored at Main Creek High School since the time I came on the board

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because I miss students, and that's where I plug in.

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And I go over there and mentor girls every week.

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And so I get to know a lot of different kiddos.

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I too love so my my passions my goals if I could just say well you know if I could

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make them happen is the early college high school I agree with mr. deBrell I

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grew up in a family never talked about college parents hoped I would graduate

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from high school and get a job at the factory where my dad worked that was

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was their goal for me. And in the meantime, the dual credit might be an avenue to that. A lady from my youth group asked me what my career was going to be and where I was going to go to college. And I was like, what do you mean career? What's a career? Right? She saw potential in me. And I'm the only member of my family to have a college degree. Because someone cared enough to point me in the direction and to believe in me and to

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to talk to me about things where I started asking my high school counselor, what does

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that mean? Could that happen? So I, I, um, that early college high school, if I had an

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opportunity like that where I had college credits coming out of high school, if I knew

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I was capable, right, Mr. Durbrill, the same thing. If you have the exposure to that while

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While you're getting a high school diploma, you're also getting an associate degree?

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You already are a college student.

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Of course I'm going to go on to university because I'm already a college student.

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Thank you.

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So I don't know what that looks like, if we do it, how much it costs.

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The dual credit is absolutely an avenue toward that.

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So, yes, we have some of that in place, but we don't have enough.

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Rebecca, one of the things I've asked Dr. Kent to get, you'll go back in and you'll

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prove this is, who are our kids that are in dual credit?

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Right, okay, so if...

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How close are 700 or 1,000 or 1,500 other kids, if you move them just a little bit,

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they can move into that dual credit.

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Right, but we have...

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That's what data does.

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But we have other examples in neighboring districts around us who are doing things like

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this. So we have that. My other passion is family engagement.

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Family engagement, that's very hard to measure. There's not data that won't

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measure a family engagement. It cannot be legislated for that very reason. I'm not

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talking about PTA. I'm not talking about the incredible volunteer hours we have.

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I'm talking about reaching out to those families and helping them understand the

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the opportunities their kids can have.

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And it starts with a classroom teacher,

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because the families who just don't understand,

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you know, there is opportunities, more things,

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the vocational tech kind of classes that we could have.

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There's so many things about that.

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So it's hard.

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Dr. Hint, to be sitting in your chair,

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when you hear that there's someone who loves data,

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someone who loves performing arts,

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and has a gifted child and there are many many many of those and you have

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someone who wants who cares about family engagement which is very different

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expensive and difficult to to measure and implement and and you have everyone

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over here who has other things we have ROTC and early college high school how

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are you gonna get all those done right six months so here we are with a very

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many goals and all of them focused on our students being very successful. So I

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appreciate as board president the opportunity to visit with Dr. Hint and

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hear where kind of where he's coming. He's bringing us the evaluation, the

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things that we've done. There is so much data in this folder right here. It's

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coming to you on January, coming to us on January 9th. This, you'll need a

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magnifying glass and you'll need many hours to go through this and this is a portion of what he will

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show us where we are and then he has a vision for where we're going you were exactly right george

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this man can get us there and his desire for a strategic plan that's coming will get us where

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every one of us wants to go i believe it and he can do it it it's going to take a little time

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but I wanted him to hear from all of us kind of where our passions are where our

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goals are he can't fulfill them all but he can hear from us and then we can go

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with his plan is to take what he's hearing tonight and build that in and

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see here's here's what I heard and we represent diverse the diverse community

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And I think we represent the values of the community.

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So now it becomes the time, the plan, and we have to give him some patience, I think,

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to get there.

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Mr. Hanson?

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Thank you.

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Well said.

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You know.

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We've gotten more data since he's been here than the history of some of us have.

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have been on here and and he's that like we love the friday info things you know so if it's it's

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relevant this week we get it this week and if it's yeah and so i was on break last week all right

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i was wondering where was the party

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so um socks yeah anyway so dr rutherford thank you so much for joining us this evening we

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We appreciate you helping us through this.

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It's tedious and those kinds of things.

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And you see school districts all over the state,

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and you've had a long relationship with Katie,

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and we're so glad that you bring the perspective that you bring to us,

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and thank you so much.

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So are we good?

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Okay, there being no further business, this meeting is adjourned at 8.56.

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