Vote to Meet in Emergency Exec. Session, Feb. 9, 2021

 Exec. Session Vote

After motion to go into closed session is read, Ahmed asks to make friendly amendment to add discussion of personnel matter. BOE lawyer Roger Thomas says board needs to consider the requirement to give timely notice of agenda items. Ahmed points out that meeting was only called yesterday.

Chairwoman Miller explains she called for emergency executive session, and if board members want to change agenda or call meeting, they need 5 board members to do that.

Lawyer Thomas agrees that Miller’s statement about board policy and emergency meetings is correct. He also notes that board has meeting on 2/11, which gives opportunity to address matters.

Ahmed, just to clarify, any substitute motion for a closed executive session is out of order?

Lawyer states, correct, closed session is restricted to items that were advertised in meeting notice.

Queen does not understand why items cannot be put on agenda if requested.

Miller, I called meeting for one specific item, a legal issue.

Queen states we all have same authority and most of us are elected, not appointed, so if someone brings something to the board, it should be listened to. We are a board, let’s listen to each other. Things should not be blocked just because some of you don’t want to listen to it. We need to deal with this before it gets worse, and I’m telling you, some of things you guys are doing and Dr. Miller, it’s only going to make it worse. We need to come together before we look like the board of past. You guys need to listen and understand why changes are needed.

Miller states if there are things that need to be discussed, the board members have the authority to call a meeting, just as she did when this issue came up.

Queen and Miller get into a back and forth regarding the agenda for the 2/11 regular meeting. Queen asks if there were things that were supposed to be put on the agenda that were not, and she’s hearing certain things were not put on the agenda that the board voted on.

Miller replies, what is on the agenda is what has been posted. She doesn’t know what Queen has heard. She has concerns about what to put on the agenda. According to policy the board chair has authority to put items on agenda, but if it’s not in this meeting it may be on next meeting. She reiterates the emergency meeting for that evening is solely for a legal issue. If you have issue about Thursday’s agenda, you can get 5 members to have emergency executive session to discuss these issues.

Queen said this issue was supposed to be put on 2/11 agenda. You need to work with us.

Miller states I have received what “I perceive to be veiled threats.” I’m not going to get into that right now.

Williams (vice-chair) reiterates there is a process for putting things on the agenda. There has been a lot of info presented just this week which is outside the process of scheduling a meeting. Some things were brought to chair for review this week but there is a process to posting agenda items, which is done the Friday before the posted meeting. Needs to be give and take and people asking for items to be posted last minute is not giving colleagues time to review.

Burroughs asks lawyer for language used to specify closed session for oral arguments. He is ultimately trying to find way for board to hear oral arguments but does not want to go into closed session for any other reason than to hear those arguments.

Lawyer Thomas states there is important contractual matter on board’s agenda for the evening and urges board to allow him to present it because the issue is time sensitive and failure to take action could have detrimental legal consequences to board and school system.

Joshua Thomas and Adams-Stafford both ask for clarification regarding adding items to closed session.

Suzann King (staff member) notes that the board is running 14 minutes behind and she is getting communication from those involved in oral arguments.

Take roll call to hold closed meeting:

Adams-Stafford, Ahmed, Burroughs, Harris, Murray, Thomas, Queen: No

Boozer-Strother, Jackson, Monteiro, Shephard, Valentine, Miller: Yes

Thomas makes motion to proceed solely into oral arguments. Burroughs seconds.

Miller notes there is a serious legal issue and that was reason for meeting that “can be detrimental to the board.” So the fact that board members “refuse” to meet in closed session to “execute this matter is putting us, the board, in a litigious position.”

Queen states it is strange that this meeting is so important but you can’t even tell us what it is about. She is puzzled why as a board they are not being informed.

Lawyer Thomas explains there are issues that have arisen with approved contract with lobbyist DJ Williams and Associates. There is a memo in Board docs written by lawyer Thomas to board chair explaining issues relevant to that contract. Failure to act on it could have impacts.

Burroughs asserts that issue Ms. Ahmed raised also is serious and has serious implications for board. It looks like the matters will be discussed on Thursday.

Valentine clarifies that Thomas’ motion will have board hear oral arguments and discuss but no other agenda items and suggests that vote and move ahead in interest of time. Passes unanimously and they go into closed session.