On January 17, 2017, The Plain Dealer reported that the East Cleveland City School District Board of Education settled an Open Meetings Act legal dispute with one of its board members by agreeing to (1) comply with the Open Meetings Act, (2) amend prior minutes, (3) rescind improper board policies, and (4) pay $100,000 in attorney fees. The newspaper article regarding the settlement can be accessed by clicking here.
The board member’s allegations centered on meetings which were allegedly held for the purposes of grading an essay competition, holding a board retreat, and conducting the superintendent’s evaluation. Amended Complaint ¶¶ 19-34. McGown & Markling did not represent the parties so it cannot represent whether any of these allegations are true. Nonetheless, the costly settlement in this legal action demonstrates the importance of strict compliance with Ohio’s Sunshine Laws. Please feel free to contact McGown & Markling to discuss how to properly recess into executive session and address other Sunshine Law issues. In the meantime, the allegations by the board member in this legal action provide school officials with helpful guidance regarding Open Meetings Act issues.
In this legal action, the board member alleged that:
- The East Cleveland City School District Board of Education entered executive session “to discuss personnel issues.” Amended Complaint ¶ 30.
- The Board entered executive session by voting on an unspecified “Motion to Enter into the Executive Session.” Amended Complaint ¶ 30.
- The Board entered executive session to consider “the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigations of charges or complaints against a public employee, official, licensee, or regulated individual, unless the employee requests a public hearing.” Amended Complaint ¶ 30.
- The Board entered executive session to consider all of “number A.” Amended Complaint ¶ 30.
Again, it cannot be overstated that McGown & Markling makes absolutely no representations regarding whether the above allegations are true. That being said, the alleged reasons set forth above – if true – could certainly be considered to be improper reasons to recess into executive session.
Educational leaders should be aware of the following points when recessing into executive session:
- The Board must provide a specific and proper purpose for entering executive session. The Board cannot simply cite a laundry list of reasons to enter executive session or fail to even list a proper purpose.
- The Board should only go into executive session for the purpose of discussing a single specified matter. This does not mean that the Board cannot enter consecutive executive sessions. For example, if the Board is going to discuss employment issues related to multiple employees, the Board should itemize each reason for entering executive session and then enter separate, consecutive executive sessions for each matter. The Treasurer should note in the minutes the time in which the Board entered executive session for each matter.
- The Board signifies its return to open session by the simple gavel by the President – not by a vote.
- Even if the Board does not have additional business to conduct, it should return to the physical location where the Board noticed the meeting to adjourn the meeting.
Taking these steps may alleviate the potential for a costly Open Meetings Act legal actions.
McGown & Markling attorneys are available to provide specific guidance on the process for recessing into executive sessions and other Ohio Sunshine Law issues as every situation is fact specific.
Authors: Matthew John Markling and Patrick Vrobel
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.