The Chautauqua County Board of Education has been found liable for multiple violations of the Kansas Open Meetings Act.
According to a release from Kansas Attorney General Kris Kobach, the members of the USD 286 school board have agreed to a consent order in which each board member agrees to pay a $100 fine and attend additional KOMA training.
According to the release, after an investigation, the AG’s office determined that USD 286 school board members “violated KOMA by using executive sessions to discuss topics that were not appropriate, by making improper motions for executive sessions, and by failing to comply with nearly every statutory requirement for such motions. Additionally, the board’s meeting minutes did not accurately reflect the verbal motions made.”
“To the board’s credit, they proactively obtained training as this office continued its investigation of the matter,” First Assistant Attorney General Amber Smith said in the release. “This is an appropriate resolution in light of the circumstances here. While there is no evidence the board intentionally violated KOMA, it is necessary to recognize that their actions and practices fell far short. It is our responsibility to ensure that public bodies comply with the public policy for the open and transparent conduct of government business.”
KOMA requires when governing bodies enter into an executive session, they must state the specific reason, the people who will be included in the executive session, and the length of the session.
Permissable topics of special sessions include:
- personnel matters of nonelected personnel;
- for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship;
- to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the public body or agency;
- to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution, except that any such person shall have the right to a public hearing if requested by the person;
- for the preliminary discussion of the acquisition of real property
Nothing else can be discussed in executive sessions except the stated permissable topic, and no votes or decisions can be made in the session.
Chautauqua KOMA violations not unusual among school boards
The executive session requirements of KOMA are one of the most often violated sections of the law, but notification requirement violations are common as well.
Indeed, in February 2023, the Newton Board of Education appeared to have violated that section of KOMA.
The meeting was called before the Kansas 5A state wrestling tournament to amend the district’s “Railer Way” code of conduct.
Coming out of the executive session, the board voted 4-2 to “amend our code of conduct [and] add language that states every situation is different and administrators reserve the right to deviate from the code of conduct when deemed appropriate.”
According to the Newton Kansan, the board convened the meeting in response to a video showing a student-athlete using “vapes” in a hallway at Newton High School — the use of which is a violation of district policy.
The student in question was then declared ineligible for the state tournament.
According to the Kansan, about six hours later, board members received a notice of a special meeting.
There were, however, some issues with that notice.
While any board member can request a special meeting, each member must be given a two-day notice unless waivers of notice can be obtained.
The problem is that only four of the seven members agreed to sign the notice, which the district’s attorney said was insufficient.
John Robb, a partner at Somers, Robb & Robb who represents the Newton school district, said unless all members signed the waiver, the meeting could not be held legally.
“That is to prevent the majority from quickly ramming something through on the minority on short notice,” the Kansan reported Robb said via speakerphone to USD 373 Superintendent Fred Van Ranken and Board President Mallory Morton during a sidebar in the hallway of McKinley Administrative Center shortly after the special meeting was called to order.
