By Emma Rausch
emma@thepaperofwabash.com
MSD of Wabash County School Board violated Indiana’s Open Door Law, according to Luke H. Britt, Indiana Public Access Counselor.
Britt announced his official decision on Monday, Aug. 8, after a weeklong investigation into a formal complaint lodged by The Paper of Wabash County against the School Board.
The violation stemmed from the Board’s July 12 meeting wherein it voted to reconfigure the district’s two high schools into one.
Reconfiguration plans included turning Northfield Jr.-Sr. High School facility into the primary high school for grades nine through 12, Southwood Jr.-Sr. High School’s building into a middle school for fifth through eighth grades and close Sharp Creek Elementary School as an elementary school.
The reconfiguration action came during a regular school board meeting and the board received no input from the public before making its decision. However, at least two board members and the MSD superintendent said the matter was discussed several times in executive session.
Following the meeting, The Paper of Wabash County contacted the School Board to investigate if it had violated Indiana’s Open Door Law. After two weeks, The Paper concluded there was a violation and filed a formal complaint on Thursday, July 28, with the Public Access Counselor for an official opinion.
In its complaint, The Paper alleged that the School Board discussed its reconfiguration plans during several executive sessions that were advertised as meetings that would discuss personnel matters.
The School Board conceded that the reconfiguration discussions took place at an executive session originally intended to address personnel issues, according to Britt.
“Based on the foregoing, it is the Opinion of the Indiana Public Access Counselor that the Wabash County School Board has violated the Open Door Law, however, they have been afforded an opportunity to correct non-compliance going forward,” Britt wrote in his decision. “It is my sincere hope that they take the advice of their legal counsel and superintend in remedying the situation.”
In the district’s response to The Paper’s complaint, Board attorney Steve Downs said, “In considering reconfiguration as part of its personnel discussions, the Board at all times believed it was acting correctly. It was not the Board’s intent to conceal any part of the process from the public nor to exclude public input.
“At all times,” the response continued, “the Board members were attempting to discharge their responsibilities as efficiently as possible an in the best interest of the school corporation. This board has a long history of ethical, capable and skillful management of the school corporation and would never intentionally violate any rule, regulation or statue, or otherwise undermine the good faith of its patrons.”
Downs continued, “We have suggested to the superintendent, however, that to the extend personnel discussions morphed into discussions about reconfiguration, such should not have occurred, and that the board should have been more sensitive to the appearance created by the manner in which its July 12 decision was handled. According, in consultation with the superintendent, we are advising the Board to rescind its reconfiguration discussion at its next public school board meeting, currently scheduled for August 9, and thereafter engage in substantial reconsideration of the issue.
“If the motion to rescind the reconfiguration decision is adopted at the August 9 meeting, the matter will be discussed publically at that meeting and also at the special school board meetings presently scheduled for August 15 and 17, prior to taking any final action on the issue.”
Last week, the School Board published its Tuesday, Aug. 9, agenda, and included an item to consider rescinding its reconfiguration decision.
Mike Rees, The Paper general manager, said he was glad the Counselor reached the same conclusion and sided with The Paper.
“Obviously, we’re happy with the Counselor’s decision,” Rees said, “but more so now we’re hoping the public and the School Board can come together and discuss this and the public can voice their opinions of the reconfiguration.”
The Paper editor Joseph Slacian also was pleased with Britt’s decision.
“The Paper would like to remind the Board that it’s in their best interest that the discussion should be a real discussion, not just another quick vote,” Slacian added. “The public deserves an open and honest discussion with the School Board, especially on issues impacting families and schools