by 
Copper Basin News
On Tuesday the Ray Unified School District Governing Board held a three hour executive session. Executive sessions are private, secret sessions that allow governing boards to discuss items in a private session. The RUSD board agenda sited personnel matters but did not list which positions were being discussed. Close to 15 staff members from RUSD waited the three hours of the meeting, however upon return to open session no action or direction was given from the board.
There are only seven allowed reasons that elected boards can enter into an executive session. First, personnel must provide 24 hours written notice to an employee. Also only those that are noticed 24 hours in advanced can be discussed in executive. The second reason for an executive session is discussion or consideration of records exempt by law from public inspection. Third, legal advice – with public body’s own lawyer(s). The RUSD attorney was not present at this meeting. Fourth reason, discussion or consultation with public body’s lawyer(s) to consider pending or contemplated litigation, settlement discussions, negotiated contracts. Fifth, discuss and instruct its representative regarding labor negotiations. Sixth, discuss international, interstate, and tribal negotiations. The final and seventh reason for an executive session is to discuss the purchase, sale, or lease of real property.
State law requires that a notice and agenda must be posted 24 hours in advance of an executive session. The agendas for executive sessions may describe the matters to be discussed more generally than agendas for public meetings in order to preserve confidentiality or to prevent compromising the attorney-client privilege. A.R.S. § 38- 431.02(I). Nonetheless, the agenda must provide more than a recital of the statute that authorizes the executive session.
The agenda posted by the Ray Unified School District Governing Board told the public that they were meeting in executive for the following reason: For the purpose of discussion or consideration of employment, assignment, appointment, promotion, dismissal, salaries, disciplining, or resignation of a public officer, appointee, or employee of any public body, except that with the exception of salary discussions, an office, an appointee or employee may demand that the discussion or considerations occur at a public meeting. The agenda listed this item which is a legal and authorized discussion to have, except the public was not aware of the positions that were being discussed in this executive session. Was the board discussing a coach, a principal, an auto body teacher, a custodian? The public will never know based on the agenda presented.
Copper Area News contacted RUSD about the conflict in the posting. In a discussion with board president Wayne Cude, he explained that the board had a discussion on how the personnel could improve school communications, he could not elaborate on the overall discussion because that would be a violation of executive session rules. He also commented that RUSD has always posted their executive session in this matter and was unaware that the specific positions being discussed should be listed on the agenda. He assured theCopper Basin Newsthat they would look into this matter and make necessary adjustments to posting.
The purpose of the open meeting law is to ensure that the public is aware of the decisions being made by a governing body. Occasionally even the most thorough board will have a faux pas and miscommunications occur.
Copper Area Newsis committed to ensuring that we report on matters important to the public, to help the public better understand open meeting laws and your rights as a citizen feel free to review this online document on how the Open Meeting Law works: bit.ly/OML101.
Mila Besich is a resident of Superior with two children. She volunteers for many local organizations. She is an experienced fundraiser and event planner for Copper Corridor Economic Development Coalition. She covers some of the area town councils and schools.
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