A RESOLUTION DECLARING AN EMERGENCY, SUSPENDING BOARD POLICY RELATED TO PUBLIC PARTICIPATION AT BOARD MEETINGS, AND AUTHORIZING REMOTE MEETINGS
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-C0V-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person between individuals who are in close contact with each other (within about 6 feet) through respiratory droplets produced when an infected persons coughs or sneezes. It may also be possible to contract COVID-19 through the touching of a surface that has the virus on it then touching one’s own mouth, nose or eyes; and
WHEREAS, the Governor has declared a state of emergency with respect to the spread of the novel coronavirus; and
WHEREAS, the Director of the Ohio Department of Health has ordered that all K-12 schools be closed to students through 11:59 p.m. on May 1, 2020, and this order may be extended beyond that date; and
WHEREAS, the Ohio Department of Health has further ordered residents of the state to stay at home except to conduct essential business and prohibits public or private gatherings of more than ten individuals occurring outside a single household; and
WHEREAS, House Bill 197 was enacted on March 27, 2020 as an emergency measure which was designed to assist schools and other public bodies to maintain operations during this health emergency in a way that complies with orders issued by the state and federal government; and
WHEREAS, in order to permit the fair and orderly expression of public comment at its meetings, the Board has adopted a public participation policy; and
WHEREAS, while the Board intends to continue to conduct the business of Loveland City Schools and to keep the community informed of its discussions and decisions related to the official business of the District, the Board must also act to protect the health and safety of its members, staff, students and other community members who may enter on to school premises.
NOW, THEREFORE BE IT RESOLVED, by the Board of Education of the Loveland City School District, that after careful consideration and evaluation of the information before it:
Section 1. The Board of Education hereby finds that an emergency exists with regard to the spread of a serious communicable disease, COVID-19.
Section 2. In order to prevent against the further spread of the novel coronavirus, the Board of Education hereby temporarily suspends its public participation policy, which shall no longer be in effect upon adoption of this Resolution by a majority of the Board. Such policy may be reinstated through a subsequent action taken by the Board of Education.
Section 3.In order to enable the Board of Education to continue with District operations during the public health emergency,the Board of Education may meet telephonically or through other electronic means, including conference calls or other meeting technology to conduct the public business of the public body while emergency orders of the federal and/or state government are in effect limiting public gatherings. Members will be considered present regardless of whether they attend in person or remotely, and their votes shall be counted for the purpose of determining quorum. Such meetings will be properly noticed to the public through the established and usual method of notice to the public.
SECTION 4. In order to provide an opportunity for attendance by the public, news media, and any other person that has requested notification of meetings via the technology utilized will be made available to the extent reasonably possible and feasible. The means of technology and information on how to access the meeting as a member of the public will be made available. The Board of Education intends to fully honor its obligations under the Open Meetings Act (R.C. §121.22) through measures approved by House Bill 197 (2020).
Section 5. The Board of Education hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board of Education, and that all deliberations of this Board of Education and of its committees, if any, which resulted in formal action, were taken in meetings open to the public, in full compliance with applicable legal requirements, including Section 121.22, ORC and House Bill 197 (2020).
Section 6. This resolution shall be in full force and effect from and immediately after its adoption and shall supersede any prior resolution or act of this Board of Education that may be inconsistent or duplicative with the provisions of this resolution.