SCHOOLS Board likely violated law, 2 experts say

At issue is that the board's attorney wasn't present for the closed-door session.
By NORMAN LEIGH
VINDICATOR EDUCATION WRITER
YOUNGSTOWN -- The city board of education probably violated Ohio's Open Meetings Act when the panel met privately, two experts on the law say.
"I question the lawfulness of that executive session," Atty. David Marburger of Cleveland said Wednesday of a private meeting the school board held Tuesday.
In voting to go behind closed doors, the school board cited a provision in the law allowing it to meet privately with its attorney.
The problem is, no attorney was present. The school board said it wanted to discuss a letter from its attorney.
That reasoning probably doesn't meet the law's requirement, said Marburger, a partner with Baker and Hostetler. Marburger is considered an expert on Ohio's open meetings law, parts of which he helped write.
Agreeing with Marburger is Tim Smith, a Kent State University professor, specialist on media-related law and director of the Ohio Center for Privacy and the First Amendment.
Smith said his reading of law is that an attorney must be present for the type of private meeting the school board held.
Ohio law permits public bodies such as school boards to gather privately only under certain circumstances, one of which is to meet "with an attorney ... concerning disputes involving the public body that are the subject of pending or imminent court action."
Court action is "pending" if a lawsuit has been commenced. It's "imminent" if it's on the point of happening, according to information provided by the Ohio Attorney General's office.
Board's reasoning
The school board cited the imminent court action reason Tuesday before meeting privately for about 50 minutes.
In defending the private meeting, school board president Jacqueline Taylor and schools treasurer Carolyn Funk said the board needed to discuss a letter from the board's attorney.
The letter was from Atty. Michael Sharb, Funk said.
"I don't think we were violating," Taylor said Wednesday.
"I think they're being a little bit cute," Marburger said of the school board's reasoning.
When asked Wednesday about Marburger and Smith's opinions, Taylor said she would consult with the board's legal counsel.
leigh@vindy.com