The recent decision of the Starkville School District Board of Trustees to direct Superintendent Judy Couey to take administrative leave and her subsequent resignation due to health reasons has created quite the debate about the board”s release of information following an executive session about her departure.
According to the Attorney General, a school board”s legal obligation with respect to what happens in an executive session is as follows:
A board, such as a school board, may take official action in executive session. Further, a board has no legal obligation under the law to report actions taken in executive session other than through its minutes which must be recorded within a period of time not to exceed 30 days after the meeting was recessed or adjourned.
Thus a school board may, but has no legal obligation to, publicly report its action immediately upon exiting executive session. In any case, such action must be reflected in its minutes which must be timely recorded. Op. Atty. Gen. No. 2004-0315,
Yes, the board did vote to direct Superintendent Couey to take administrative leave immediately during a special called board meeting on April 20.
Yes, the board did vote to accept Couey”s resignation and authorized me, as the board president, to sign any necessary agreements/documents to carry it out.
The reason for Couey”s resignation, according to her letter, was her desire and need to concentrate on her health.
This information was released to the media and public and approved in the board”s minutes in accordance with the law.
The school board did agree to an $80,000 financial settlement with Couey, which was agreed upon in a contract available through a public records request. The personnel matter is confidential to the extent which the law allows it to be. Members of the media and the public are entitled to a copy of the document, but the school board cannot answer questions about the document.
Couey had three years remaining on her contract, the value of which is $390,000. The board agreed to a settlement because parties with competing claims often negotiate a resolution rather than pursuing action which would result in a costly and protracted legal battle.
WCBI was the first media outlet to request the document, and the SSD complied with their request within the hour.
The minutes of all the board”s meetings are already approved and posted on the SSD”s website, with the exception of the minutes from May 3. As Board president and spokesperson, I informed the reporter from the Starkville Daily News that a student matter and a matter of pending litigation from a previously filed federal court case were the only items discussed in that executive session. I also told the only reporter present that Couey was never even mentioned.
While the school board certainly understands the interest and attention surrounding Couey”s resignation, the school board is extremely sensitive to details regarding personnel as the law is clearly written to protect the privacy of employees, not the school board.
Like the boards of other governmental entities, the school board is represented by legal counsel and has been advised every step of the way by two attorneys who specialize in school law and advise multiple school boards and school districts.
The Mississippi Ethics Commission has even found that the school board is in compliance with the open meetings law after a complaint was filed alleging the board violated it. The school board conducts its meetings following the same laws and practices of other Mississippi school districts. The members of the board also receive hours of training yearly from the Mississippi School Boards Association about how to be effective school board members while also in compliance with all of the laws of this state.
Unlike governmental entities such as municipalities, in addition to the more obvious governing functions of the school board, the board also operates as a judicial body when hearing appeals from students and their parents and district employees.
All of the board”s decisions and actions are within the law.
Pickett Wilson
Starkville
The writer is president of the SSD Board of Trustees.
The Dispatch Editorial Board is made up of publisher Peter Imes, columnist Slim Smith, managing editor Zack Plair and senior newsroom staff.
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