When Edinburgh Schools leaders wanted to bring in a consultant to get information about a possible tax hike referendum, they looked for a way to have a meeting that was closed to the public.
Not finding one, the school board advertised the meeting earlier this month as a public work session, meaning the public could attend.
But a Daily Journal reporter was asked to leave the session, because the consultant that the school district had brought to the meeting insisted that the information be kept confidential, the superintendent said.
The school board relented, and an executive, closed-door meeting was conducted. The private meeting was not advertised as state law requires, and the nature of the information discussed in that session is not permitted for a closed-door meeting, said Steve Key, executive director and general counsel of the Hoosier State Press Association.
After the executive session, Superintendent Doug Arnold said he knew that having an unadvertised executive session broke the Open Door Law, but consultant Steve Klink from First Tuesday Communications insisted they keep the meeting closed to the public because he was sharing confidential information. Arnold couldn’t find legal grounds to make the meeting an executive session, he said.
State law outlines specific reasons that school boards can conduct closed-door meetings, also known as executive sessions. School boards can meet in private to discuss collective bargaining, security systems, discuss job performance or discuss information classified as confidential by state or federal law, for example.
“This last individual really insisted we have an executive session,” Arnold said of Klink. “We weren’t able to find a reason legally we could do it, but he shared information regarding his clients that was confidential information for his business. In the future, I think it’s important we be as transparent as possible.”
School board attorney Larry Jesse was not aware of the executive session, Arnold said.
Edinburgh schools should have notified the public of the executive session 48 hours in advance, and not doing so was a violation of the law, Key said.
“The lack of notice was a violation to begin with,” Key said. “The client cannot ask the school board to ignore state law.”
There will be no legal repercussions for Edinburgh schools unless someone gets an official opinion from Luke Britt, the public access counselor for the state of Indiana, via a written complaint, Britt said.
If Britt agrees that the action is in violation of the law, he can submit a written opinion and the case can go to court, he said.
“They would have to write a complaint to my office and it would potentially be ripe for court action as well,” Britt said. “They have to give a specific reason for the executive session and that reason has to be authorized.”
