Sun Valley Board of REALTORS® Community Foundation presents
Winter Wonderland Saturday, December 5, 11am - 4pm at the Hailey Armory
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DID SCHOOL BOARD VIOLATE OPEN MEETING LAW? Questions arise in wake of board approval of superintendent contract
Mix and mingle with friends and neighbors in a Winter Wonderland. Kids will have holiday fun with gingerbread houses, decorating cookies, arts and crafts, face painting, time with Santa, and more!
BY TERRY SMITH
T
Costumes are encouraged! Food concessions will be on-site. Suggested entrance fee of $5 or a donation of a new unwrapped toy, book, or game per child. *Children must be accompanied by an adult. Adults are free.
This event is a part of the Holiday Baskets program, which assists local families in need during the Holidays. To volunteer, contact: robin@robinsells5b.com To make a tax deductible donation to Holiday Baskets, please make your check to SVBR Community Foundation PO Box 1937, Ketchum, ID 83340 or go online to SVHolidayBaskets.org Thank you to the Kiwanis Club for your years of support.
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he Blaine County School District Board of Trustees met the basic legal requirements in approving a new contract for Superintendent GwenCarol Holmes in a meeting closed to the public in November, but may not have satisfied the intent of the law. Questions regarding board compliance with the Idaho Open Meeting Law have arisen since the board on Nov. 17 approved a three-year contract with Holmes, extending her tenure as superintendent to July 1, 2019. The law provides three basic requirements for holding a meeting closed to the public, which is referred to as an “executive session.” First, a public notice of the meeting must be provided in advance; second, the state statute provision allowing an executive session must be duly cited; and third, any votes made by a governing board must be made out of executive session and in view of the public. In approving the contract for Holmes, the board met all three requirements. Nonetheless, the board action came as a surprise to the public, and may not have satisfied the intent GwenCarol Holmes of the law, which, according to Idaho Attorney General Lawrence Wasden, is “to offer the public the chance to observe the way their government categories.” operates and to influence their government in posOpen Meeting Law itive and important ways.” Not everyone agrees that the school board was Wasden further explains in the latest edition of the Idaho Open Meeting Law Manual, issued in in compliance with the law in approving the new July of this year, that the intent of the law is to en- contract for Holmes. Ketchum resident Jeremy Fryberger, a parent sure that “the formation of public policy is public and ardent follower of school district activities, business and shall not be conducted in secret.” The school board’s meeting notice for the Nov. claims the board violated the Idaho Open Meeting Law and cited a recent action in 17 executive session made no a similar situation in the West mention that Holmes or her contract would be on the meeting The evaluation Ada School District to justify his opinion. agenda. Instead, the notice cited and contract were In that instance, the West Ada state statute that the purpose of the meeting was “to consider the discussed in the executive school board overturned an earlievaluation, dismissal or disci- session, but the action er decision to extend the contract plining of, or to hear complaints took place after the board of its superintendent because the or charges brought against, a exited closed session as earlier action, according to the attorney, was in violation public officer, employee staff per Idaho Open Meeting district of the law. member or individual agent, or Law.” Idaho Education News reportpublic school student.” ed in its Sept. 29 online edition The school board cites the Shawn Bennion that the West Ada school board same statute provision for execSchool board chair voted 4-1 earlier that day to void utive sessions whether the meeta one-year contract extension ing involves a student, a teacher for former Superintendent Linor its superintendent. In its guidance for Open Meeting Law require- da Clark. The extension had been approved by the ments, as stated in the manual, the Attorney Gen- school board following an executive session on eral’s Office advises that meeting notices not be June 23. In voiding the contract extension, IDE reported vague. “Rather, the notice must specifically set forth that the school board followed the advice of disthe purpose of the meeting and items of business,” trict attorney Breck Seiniger, who argued that the the AG’s Office advises. “Agenda items should be action following the June 23 executive session was listed with specificity and not buried in catchall in violation of the law because the meeting agenda did not state that Clark’s contract would be discussed during the closed meeting. Clark, who had been superintendent of West Ada School District for 11 years, subsequently resigned in October, citing discord with board members as her reason. Her existing contract would have been until July 1, 2017. Fryberger said he has advised the Blaine County School District of the West Ada School District situation. However, the Blaine County school board has not changed its position that its action was in compliance with the law. “The board of trustees was in compliance with Idaho Open Meeting Law,” Blaine County school board Chair Shawn Bennion wrote in a Nov. 27 e-mail to The Weekly Sun. “The contract was not approved during the executive session. The evaluation and contract were discussed in the executive session, but the action took place after the board exited closed session as per Idaho Open Meeting Law. “New information came to light during the executive session,” Bennion continued. “The board
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T h e W e e k ly S u n •
Shawn Bennion
december 2, 2015
Continued Board Next Page
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School board claims compliance with Idaho Open Meeting Law BOARD Continued from Previous Page
felt it was in the best interest of the BCSD students to extend a contract after exiting executive session while in open session.” Bennion declined to specify what “new information came to light.” The school board has further taken the position that its meeting notice for the executive session was in compliance with legal requirements. “We have opinions from District Attorney Adam King and Karen Echeverria, who is executive director of the ISBA, that the board did everything correctly and was not in violation of Idaho open meeting statutes,” Crocker said. Oversight authority Idaho Open Meeting Law provides that any action taken during a meeting determined to be in violation of the law is nullified. Oversight authority for ensuring compliance with the law is the responsibility of the AG’s Office in actions involving state agencies and of county prosecuting attorneys in actions involving agencies of local governments. However, county prosecuting attorneys, including Blaine County, do not typically have the resources or inclination to
Lawrence Wasden
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investigate or prosecute Idaho Open Meeting Law violations. More commonly, disagreements involving the law are settled in civil courts. The Idaho Open Meeting Law Manual cites 18 court rulings that have a bearing on administration of the law. Only two of those involved state actions against a governing body. The other 16 involved lawsuits filed by private parties or by one governing body against another. Holmes contract Holmes was hired as Blaine County School District superintendent in 2014 with a two-year contract that extended her tenure to July 1, 2016. According to Idaho Education News, with an annual salary of $173,880, Holmes is the highest paid school superintendent in the State of Idaho. Second is Boise School District Superintendent Don Coberly with an annual salary of $159,159. Third, until her resignation, was former West Ada School District Superintendent Clark with an annual salary of $143,475. The West Ada School District, which encompasses the west Boise, Meridian and Eagle areas, is the largest school district in Idaho with a student population of about 37,000. The Boise School District has an enrollment of nearly 24,500. The Blaine County School District’s official enrollment for the current school year is 3,370.
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FAMILY FUN FOR THE HOLIDAYS!
“Anyone who cherishes musical theater and can beg or borrow a child from 4 up might be well advised to make a beeline in search of tickets for A Year With Frog and Toad.”—The New York Times
a year with
DEC 16–JAN 3 Liberty Theatre, Hailey
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SNOWMOBILE CLUB TO HOST TOY & FOOD DRIVE
and
The Salmon River Snowmobile Club will host its ninth annual Toy and Food Drive at 10 a.m. on Saturday, Dec. 12, in the parking lot at Mountain Village Resort Restaurant, located at the intersection of State Highway 21 and State Highway 75. The public is asked to bring unwrapped toys, nonperishable food items and pet food. All proceeds will go to Helping Hands of Custer County for distribution to families in need. Additional information is available on Helping Hands at 208-8794731. For more information about the Salmon River Snowmobile Club, e-mail bealison@ruralnetwork.net or call Alison at 208-7742903 or Dave at 208-774-3386.
by Robert & Willie Reale
PUBLIC INVITED TO ‘FAREWELL’ FOR CAROL BROWN
The public is invited to attend a retirement reception for Hailey City Council member Carol Brown from 4:30-5:15 p.m. on Monday, Dec. 7, at Hailey City Hall. After serving on the council for13 years, Brown chose not to seek re-election this year. She served on the city’s planning and zoning commission for two years prior to the start of her council membership. “All are invited,” states an e-mail invitation. “Please forward to other people within your organization.”
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Tickets and information at:
208.578.9122 sunvalleycenter.org Sponsored by: Marcia & Don Liebich; student matinees are sponsored by Hailey Rotary, Kiwanis Club of Hailey, Papoose Club and US BankCorp Foundation.
Company of Fools’ 20th Season Sponsors: Bob Disbrow & Kim Kawaguchi, Linda & Bill Potter, Walt Witcover Legacy Gift, Theresa Castellano Wood & Benjamin Wood and Barbara & Stanley Zax; with support from Ali Long, The Shubert Foundation, Deer Creek Fund, Michael S. Engl Family Foundation, Linda & Bob Edwards, Arrow R Storage, High Country Fusion, Scott Miley Roofing, Priscilla Pittiglio and Judith & Richard Smooke and Media Sponsor The Weekly Sun
T h e W e e k ly S u n •
december 2, 2015
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