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HomeMy WebLinkAboutRes 20-02 Emergency modifications and policies, closure of WA and expenditure of funds during a state-declared disasterWESTLAKE ACADEMY RESOLUTION NO. 20-02 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES RELATING TO EMERGENCY MODIFICATIONS TO POLICIES, CLOSURE OF WESTLAKE ACADEMY AND THE EXPENDITURE OF PUBLIC FUNDS DURING THE GOVERNOR - DECLARED STATE OF DISASTER TO MITIGATE EFFECTS OF COVID-19. WHEREAS, at a lawfully called Board of Trustees meeting on March 30, 2020, as authorized by Texas Government Code § 551.045, the Board of Trustees (the "Board") of Westlake Academy (the "Academy") does hereby make the following Resolutions regarding the emergency modification of Board Policies, closure of the Academy campus, provision of alternate methods of instruction, the expenditure of public funds, and other matters incident and related thereto: WHEREAS, the Academy was made aware on March 11, 2020, that the World Health Organization declared the spread of the novel coronavirus ("COVID-19") a global pandemic; and WHEREAS, the President of the United States on March 13, 2020, issued a proclamation declaring a "National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak"; and WHEREAS, the Governor of the State of Texas on March 13, 2020, certified that COVID- 19 posed an imminent threat of disaster, and in accordance with the authority vested in the Governor by Section 418.014 of the Texas Government Code, the Governor declared a state of disaster for all counties in Texas (the "Disaster Declaration"); and WHEREAS, COVID-19 is spreading in the state and its presence in the Westlake Academy community cannot be currently ascertained; and WHEREAS, the County, the State, Texas governmental bodies and businesses have taken precautions to protect their citizens, workers, and patrons from circumstances to mitigate the spread, including without limitation, suspending operations or continuing to operate through remote methods such as telecommuting; and WHEREAS, the Academy's Board of Trustees wishes to delegate any and all authority to the Superintendent of Westlake Academy during this period of declared global pandemic and statewide disaster to make decisions that will be in the best interests of the Academy and its students, parents and employees and place the Academy in the best position to resume its normal operations with its students, parents and staff as soon as it is safe to do so; WA Resolution 20-02 Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: The statements contained in the preamble of this Resolution are true and correct and adopted as findings of fact and operative provisions hereof. SECTION 2: The Academy's Board of Trustees delegates to the Superintendent of Westlake Academy any and all authority to modify the Academy's locally -adopted Board policies at her sole discretion that she deems to be in the best interests of the Academy for a period of 45 days following the adoption of this Resolution, or until the March 13, 2020 Disaster Declaration is lifted or expires, whichever occurs later, in order to react to the situations that may be present in the Westlake Academy community during the state -declared disaster period in order to mitigate the public health risks of COVID-19. SECTION 1 That the delegated authority to the Superintendent to modify any and all Board policies set forth above includes, without limitation: closure of Westlake Academy, establishing methods of remote instruction, making emergency procurements in accordance with Texas Education Code §44.031(h) and providing paid leave to exempt and/or non-exempt employees in addition to the leaves and absences currently permitted under Board Policy, should the Superintendent determine that such actions would protect the health and safety of Academy students, employees and/or their families. SECTION 4: That the Academy's Board of Trustees makes the following finding regarding the expenditure of public funds for any pandemic -related personnel expenses incurred by Westlake Academy in order to maintain and/or resume its normal operations on campus as soon reasonably possible and as the Superintendent determines that school closures are needed and subsequently same to open, should she determine that a modification to the ordinary workplace attendance be required: FINDING: Expending public funds for additional employee paid leave related to the mitigation of the spread of COVID-19 is reasonable because of the following: (1) The predominant purpose of providing the additional paid leave is to mitigate against the spread of a virus that constitutes an imminent threat to the health and safety of Academy students, employees and their families, not to benefit unaffected private parties; and (2) The Academy will retain sufficient control over the distribution and use of the pandemic - related additional leave to ensure that the public purpose is accomplished; and (3) The Academy will receive the significant benefit of being able to quickly resume its operations at its facilities with all or most of its highly trained and experienced staff following the passing of the COVID-19 threat and, thereby, continue to provide instruction and services to students as they received before the COVID-19 outbreak. SECTION 5: That the Superintendent is directed to keep a list of the modifications she makes to Board Policies and report those modifications to the Board at the time such modifications are made and at the first Board meeting following the exercise of the delegated authority herein. WA Resolution 20-02 Page 2 of 3 SECTION 6: That the Academy's Board of Trustees authorizes the Superintendent and Academy administration to take any and all action necessary to carry out the wishes of the Board as expressed in this Resolution, and the delegation of authority as set forth in this Resolution shall be for a period of 45 days following the adoption of this Resolution, or until the March 13, 2020 Disaster Declaration is lifted or expires, whichever occurs later. SECTION 7: if any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Board hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 8: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30T11 DAY OF MARCH 2O20. ATTEST: Oevl" To d Wood, Town Secretary APPROVED AS TO FORM: R k, Janet S. Bubert or L. Stanton Lowry, School Attorney Laura Wheat, President &Ita,� l RLCit— -- Amanda DeGan, Superintendent rEXp,S WA Resolution 20-02 Page 3 of