Poor losers

Poor losers
School-board group sees Mickey Mouse in law protecting public's right to know

May 22, 2001

The Colorado Legislature has passed — unanimously in the Senate and by a significant majority in the House — a bill that requires public bodies to keep records of what happens within their executive sessions.

The measure, which now awaits the signature of Colorado Gov. Bill Owens, is the codification of a common-sense idea promoted by the Colorado Press Association. The requirement that such records be kept enables citizens to ensure that the business an elected board conducts behind closed doors does not exceed the limits allowed by the state’s open-meetings law. If they suspect a violation has taken place, a mechanism now exists by which they can have the records of the executive session reviewed and inappropriate actions invalidated.

Someone at the Colorado Association of School Boards apparently feels very strongly that secrecy should be maintained. In Rural Net: A Newsletter for Colorado Educators, this analysis appeared:

"Mickey Mouse the Fabulous Magician ... would be proud of the Colorado Press Association for creating a solution to problems that don’t exist. HB 1359 requires executive session discussion to be recorded in the same manner and media used to record the minutes of open meetings. Can districts do it? Yes. Is it just another micromanaging thrust of distrust toward local elected officials? Yes. Will Mickey wave his magic wand and make it go away? Probably not."

We’re unclear on what Mickey Mouse has to do with the premise that the public’s business should be conducted in full view of the public, and we’re equally unclear on whether CASB wants Mickey to wave his wand and dispense with the problem or with House Bill 1359. We suspect the association would prefer the latter.

In citing "problems that don’t exist," the CASB writer is incorrect and probably not entirely honest. Challenges to executive sessions are not uncommon, and school boards are not immune from such challenges. No one can reasonably claim that all executive sessions are legally justified and properly conducted, nor is it reasonable to argue that citizens should not have rights when violations take place.

Boards that are complying with the open-meetings law face no danger from this bill. By recording, either on tape or on paper, the minutes of an executive session, boards can prove that they are acting properly, without having to reveal what took place. All valid reasons for executive sessions continue to exist, and attorney-client privilege is protected. In addition, the bill requires that "if the court finds that the application (for review of the executive-session record) was frivolous, vexations or groundless, the court shall award court costs and attorney fees to the prevailing party." That means boards are protected from harassment.

More importantly, though, constituents of public bodies are protected from inappropriate secret meetings. Elected officials are acting on our behalf, and with a few exceptions, we have every right to know what they’re doing. By awarding court costs and attorney fees to the challenger, if the executive session is found to be illegal, the legislature has sided with the public and put some teeth into a law that has, until now, been difficult to enforce. That’s as it should be.

The Colorado Press Association was acting responsibly in protecting access to public information. Outgoing Sen. Jim Dyer, D-Durango, and Rep. Mark Larson, R-Cortez, correctly identified their responsibility and voted in the majority of 90 legislators.

The Colorado Association of School Boards, in calling the bill "just another micromanaging thrust of distrust toward local elected officials," is attempting to create adversaries of people who should share the same goal: the best interests of the public. CASB doth protest too much.