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