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Thursday, July 14, 2022

PAC Finds Board in Violation of OMA for Closed Session Discussion

The PAC issued its 10th binding opinion of 2022 this week finding a public body in violation of the OMA for exceeding the scope of permissible topics in closed session. PAC Op. 22-010

At one of its meetings, a school district board went into closed session for 3 separate topics. Following the meeting, a request for review was filed with the PAC challenging the closed sessions as exceeding the topics allowed by the OMA. The PAC listened to the recordings of the three closed sessions and determined that two of them were within the scope of the OMA's permissible topics for closed session. However, the PAC determined that one of the three closed sessions exceeded the board's authority under the OMA. Specifically, the PAC noted that the topic discussed in this closed session involved discussions about student transportation bids and contracts, which were not a permissible topic for closed session. The PAC rejected the board's argument that the discussion related to probable or imminent litigation or a criminal investigation. The PAC ordered the board to release the recording and minutes relating to this particular discussion.


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