CLAFLIN — USD 112 Board of Education members will be undergoing Kansas Open Meetings Act training following a self-reported violation of the act at the Sept. 9, 2019 meeting.
A media release from Kansas Attorney General Derek Schmidt dated Dec. 23 stated he had executed a settlement with USD No. 112 Board of Education (Central Plains) to resolve a violation of the Kansas Open Meetings Act (KOMA).
In November, the Board self-reported to the attorney general’s office that it had violated the KOMA by improperly discussing matters in executive session that should have been discussed in its open public meeting. Upon investigation, the attorney general’s office determined that the Board violated the KOMA on two occasions by improperly recessing into executive session to discuss matters unrelated to the justification cited in the Board’s motion to enter executive session. The Board’s motions to recess into executive session also failed to include the place where the open meeting would resume.
According to minutes of the Nov. 11, 2019 meeting held in Central Plains Jr. and Sr. High School cafeteria, Central Plains School Attorney John Sherman reported the violation to the board.
“The board entered an Executive Session for the purpose of selling district real estate (the building at Bushton). According to Kansas Statutes, boards of education cannot go into an Executive Session for the selling of real property, only the acquisition of real property.”
At the conclusion of the investigation, the Board signed a consent order admitting that it violated the KOMA. The Board members have agreed to obtain training and provide written confirmation that each member has obtained the required training, conduct a prompt review of any existing Board policy or draft and adopt a policy that addresses board responsibilities and executive sessions and provide written confirmation of doing so, and not engage in any future violations of the KOMA.
A copy of the consent order, which was signed last week by the attorney general, is available at http://ag.ks.gov/open-govt/enforcement-actions. Information about the requirements of the KOMA and the KORA can be found at http://ag.ks.gov/open-govt.