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January 11, 2021 at 6:00 PM - Regular Meeting

Agenda
I. OPENING - CALL TO ORDER, PLEDGE(S) OF ALLEGIANCE & INVOCATION
Description: 

UNITED STATES FLAG

I pledge allegiance to the Flag
of the United States of America,
and to the Republic for which it stands:
one Nation under God, indivisible, 
With Liberty and Justice for all. 

TEXAS FLAG

The amended (HB1034, effective June 15, 2007) pledge of allegiance to the Texas state flag is: 
"Honor the Texas flag; I pledge allegiance to thee, 
Texas, one state under God, one and indivisible."
II. WILDCAT ROAR
II.A. School Board Appreciation Month
Description:  The School Board will be recognized during Wildcat Roar. 
Attachments: (1)
III. OPEN FORUM
Description:  Persons desiring to address the Board of Trustees must fill out a speaker's card and submit it to the Administrative Assistant to the Board prior to the meeting.  No presentation shall exceed three minutes. The Board cannot deliberate on any subject matter that is not included on the agenda.
IV. ITEMS FOR DISCUSSION AND/OR ACTION
IV.A. Consent Agenda
IV.A.1. Minutes of the Previous Meeting
Description:  Background: 
The following minutes are provided for your review: 
  • Regular Meeting- December 14, 2020
Administrative Considerations: 
Minutes become official when approved by the Board of Trustees.

Recommendation: 
Approve the minutes of the meetings as presented. 

Board Action: 
Board Approval
Attachments: (1)
IV.A.2. Board Member(s) Conflict of Interest Statement(s)- Board Policy BBFA (LEGAL)
Description:  Background: 
In January of each (calendar) year, Conflict of Interest Statements are submitted by members, according to BBFA (LEGAL), as needed. 

Administrative Considerations: 
These statements should be submitted for any or all members to which the policy may apply. 

Recommendation: 
Execute the appropriate documents according to the legal policy. 

Board Action: 
As may apply to individual members. 

 
IV.A.3. Financial Reports
Description:  Background: 
Financial reports for the previous month are presented. 

Administrative Considerations: 
None

Recommendation: 
As desired by Board

Board Action: 
As needed
Attachments: (3)
IV.A.4. Annual Applications for Tax-Exempt Status, Historic or Archeological Site Property
Description:  Background: 
The Rains County Appraisal District required annual approval for Tax-Exempt Status Applications for the following Historic or Archeological Site Properties: 
  • Dougherty Home Place Monument (Emory)
  • Farmers Union Monument (Point)
Administrative Considerations: 
These two entities were approved by the Rains ISD Board for tax exemption in 2014.  They now need to be considered each year and this is a regular item on the January Agenda Calendar. 

Recommendation: 
Approve the exemptions for 2021. 

Board Action: 
Board approval. 
IV.A.5. Superintendent Contract 
Description:  Background: 
The Superintendent's Contract is on the Agenda Calendar for January.  

Administrative Considerations: 
The Superintendent's Contract has been provided to the Board of Trustees. 

Recommendation: 
Board Approval. 

Board Action: 

As desired by the Board.
Attachments: (1)
IV.A.6. Bank Signatures
Description:  Background: 
With the recent changes at the High School, new signatures need to be submitted and some signatures need to be removed for the district's bank account.  The approval can be accomplished through the Consent Agenda. 

Administrative Considerations: 
New signature information is needed to update the banking records.  Board approval is required. 

Recommendation: 
Board approval. 

Board Action: 
Board approval. 
IV.A.7. TASB Board Policy Update 116, Affecting Local Policies (see list)
Description:  Background: 
We have received TASB Board Policy Update 116, Affecting (LOCAL) policies.  The Local Policy Overview (FKA Vantage Points
), Explanatory Notes, and the RISD Update 116: Local Policy Comparison Packet is provided in this packet. 


Administrative Considerations: 
The policies that need to be considered are: 

CQB(LOCAL): TECHNOLOGY RESOURCES - CYBERSECURITY
DCD(LOCAL): EMPLOYMENT PRACTICES - AT-WILL EMPLOYMENT
FFAC(LOCAL): WELLNESS AND HEALTH SERVICES - MEDICAL TREATMENT
GKA(LOCAL): COMMUNITY RELATIONS - CONDUCT ON SCHOOL PREMISES


Recommendation:
Consider and approve (LOCAL) policies as presented by TASB.

Board Action: 
Board approval. 


 
Attachments: (3)
IV.B. Business and Finance
IV.B.1. WAG Report
Description:  Background: 
The WAG Report is provided by the Assistant Superintendent of Finance. 

Administrative Considerations: 
This report keeps the Board apprised of the district's current financial status. 

Recommendation: 
As needed

Board Action: 
Approval is not required for this report, unless action is needed. 

 
Attachments: (1)
IV.B.2. Annual Audit Report for Previous Year
Description:  Background: 
Rutherford, Taylor, & Company PC has conducted the annual financial audit for the district.  As available, the audit will be provided. 

Administrative Considerations: 
This is an annual audit report to the Board for the previous year. 

Recommendation: 
As needed. 

Board Action: 
Board approval. 


 
Attachments: (1)
IV.B.3. Order- Rains Independent School District Unlimited Tax Refunding Bonds, Series 2021
Description:  Background: 
Consider all matters incident and related to the issuance and sale of "Rains Independent School District Unlimited Tax Refunding Bonds, Series 2021",  including the adoption of an order authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to authorized officials of the District. 

Administrative Considerations: 
An order authorizing the issuance of Rains Independent School District Unlimited Tax Refunding Bonds, Series 2021 has been provided by Hilltop Securities and is included in this packet. 

Recommendation: 
Consider and Approve Order. 

Board Action: 
Board Approval. 
Attachments: (1)
IV.B.4. Resolution to Extend COVID Leave
Description:  Background: 
Rains ISD is asking to pass a resolution to extend COVID leave until the end of the calendar school year. 

Administration Considerations: 
Consider passing a resolution to extend COVID leave until the end of the calendar school year. 

Recommendation:
Board approval as presented. 

Board Action: 
As desired by Board. 
Attachments: (1)
IV.B.5. Consider the Purchase of Chromebooks
Description:  Background: 
Consider the purchase of Chromebooks. Information will be shared at this meeting.  


Administrative Considerations: 
The administration will provide information regarding the purchase consideration. 

Recommendation: 
Board approval. 

Board Action: 
As desired by Board. 


 
IV.C. Superintendent Reports
IV.C.1. District Activities & Projects
Description:  Background: 
The Superintendent will share information with the Board on district activities and projects. 

Administrative Considerations: 
Any items that would require Board action will be presented along with the report. 

Recommendation: 
As needed

Board Action: 
As needed
IV.C.2. Report of Disbursements
Description:  Background: 
A report on the payment of bills is provided under this item. 

Administrative Considerations:
The payment of bills is only reported to the Board. 

Recommendation: 
No action required

Board Action: 
No action required
Attachments: (1)
IV.C.3. COVID 19- Update
Description:  Background: 
Superintendent will give updates related to COVID-19. 

Administrative Considerations: 
Approve any update that would require action. 

Recommendation: 
Board approval on any item needed relating to COVID-19. 

Board Action: 
As desired by Board. 
V. PERSONNEL ITEMS FOR DISCUSSION AND/OR ACTION
V.A. Personnel Changes/Update
Description:  The following is for review only and does not require board action: 

Employment:
  • Matt Essary, Reserve Policy Officer. Effective 12/14/2020.
  • Kimberlyn Yates, Custodian. Effective 12/17/2020.
  • Derame Mitchell, Custodian. Effective 12/22/2020.
  • Robbie Hunter, HS Cosmetology Teacher. Effective 1/4/2021.
  • Melissa Freeman, HS History Teacher. Effective 1/4/2021.
Transfers/Reassignments: 
  • Cathereen Johnson, Food Svc. Substitute transferred to Food Svc. full-time position. Effective 1/4/2021.

Resignations/Terminations: 
  • Randell Wellman, HS Principal. Effective 6/30/2021. (Retire)
  • Dala Brittell, Intermediate SpEd Aide. Effective 12/18/2020.
  • Randy Barnes, Athletic Director/Head Coach. Effective 12/31/2021.
  • Kristin Northcutt, 3rd Grade Teacher. Effective 12/18/2020.
VI. CLOSED SESSION
VI.A. Personnel, Texas Government Code § 551.074
Description: 

TEXAS GOVERNMENT CODE

6. Section 551.074. Personnel Matters

Section 551.074 authorizes certain deliberations about officers and employees of the governmental body to be held in executive session: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing.267

This section permits executive session deliberations concerning an individual officer or employee. Deliberations about a class of employees, however, must be held in an open session.268 For example, when a governmental body discusses salary scales without referring to a specific employee, it must meet in an open session.269 The closed meetings authorized by section 551.074 may deal only with officers and employees of a governmental body; closed deliberations about the selection of an independent contractor are not authorized.270

Section 551.074 authorizes the public officer or employee under consideration to request a public hearing.271 In Bowen v. Calallen Independent School District,272 a teacher requested a public hearing concerning nonrenewal of his contract but did not object when the school board moved to go into executive session. The court concluded that the school board did not violate the Act.273

Similarly, in James v. Hitchcock Independent School District,274 a school librarian requested an open meeting on the school district’s unilateral modification of her contract. The court stated that refusal of the request for a hearing before the school board "is permissible only where the teacher does not object to its denial."275 However, silence may not be deemed a waiver if the employee has no opportunity to object.276 When a board heard the employee’s complaint, moved on to other topics, and then convened an executive session to discuss the employee after he left, the court found that the employee had not had an opportunity to object.277


263 TEX. GOV’T CODE ANN. § 551.0726.
264 Id. § 551.073.
265 See Act of Mar. 28, 1973, 63d Leg., R.S., ch. 31, § 2, 1973 Tex. Gen. Laws 45, 46 (former article 6252-17, § 2(f), Revised Civil Statutes).
266 See, e.g., Dallas Cnty. Flood Control Dist. No. 1 v. Cross, 815 S.W.2d 271, 282-83 (Tex. App.—Dallas 1991, writ denied).
267 TEX. GOV’T CODE ANN. § 551.074.
268 Gardner, 21 S.W.3d at 777; Tex. Att’y Gen. Op. No. H-496 (1975) (construing predecessor to Government Code, section 551.074).
Closed Sessions
2012 Open Meetings Handbook • Office of the Attorney General
VII. BOARD CORRESPONDENCE, HANDOUTS (As Available)
Description:  The Superintendent has placed this item on the agenda for the purpose of sharing miscellaneous correspondence/information item(s) that may be of interest to Board members. 

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