School board's recordkeeping challenged

The legality of the Sisters school board's recordkeeping practices at its executive sessions is being questioned. As is usual in most legal challenges, interpretation of the law is at the heart of the issue.

In speaking with superintendent Ted Thonstad and both past and present school board members, The Nugget has learned that the district's recordkeeping practices have not changed as long as anyone can remember. Unlike during public sessions, executive session proceedings are not taped and the board's secretary does not record minutes.

A polling of other Central Oregon districts, including Redmond and Bend-La Pine, indicates that these districts all operate in manners similar to that of Sisters.

Sisters resident Mike Morgan contends that Oregon state law states that recordkeeping requirements for executive sessions are identical to those of open, public sessions. Morgan has submitted a formal request to Deschutes County District Attorney Michael Duncan asking for the release of minutes and/or audio recordings of all of the board's meetings between August 1 and December 31, 2006 that are related to the Oregon Secretary of State's audit report about the homeschool program the district operated from 1999 to 2004. (see related article, page 1).

Morgan made a written request to inspect these records directly to Sisters school board members at their meeting on January 8.

"Mr. John Witty, attorney for the Sisters School District ... denied the request for the subject records (on January 24)," Morgan stated.

Sisters school board chairman Mike Gould told The Nugget that he and Morgan have had a number of productive discussions.

"He's a guy ... I would characterize as somebody I have a great deal of respect for," Gould said. "I believe Mike Morgan understands how the district got to where it is, and I certainly understand his question."

Gould wants to find out if the district is right or wrong in its practices. According to Gould, Morgan is interpreting the law differently than the district.

Oregon School Boards Association (OSBA) guidelines tell boards that executive session minutes must be kept in accord with minutes of regular meetings, although portions of the minutes that deal with matters that are exempt from disclosure are not required to be available for public access. According to Gould, Morgan's concern is based on this interpretation of the law.

It appears that Sisters and other districts apply the OSBA's directive: "OSBA recommends brief written minutes about the basic facts of any executive session. The OSBA then provides a sample of executive session minutes: "The school board met in executive session to consider student expulsions ... or to consider records exempt ...."

According to Gould, district practices are more comprehensive than the OSBA's sample minutes, as the district keeps records of who attends meetings and of who makes the presentations about records that are exempt from public disclosure.

"In checking with past board members, no one can remember the district behaving in a fashion other than this. I checked with Bend; they do it this way. Redmond from Ted's (Thonstad's) recollection does it this way. Condon from his (Thonstad's) recollection does it this way, and Bend Parks and Recreation does it this way," Gould said.

The City of Sisters also keeps executive session records in this manner.

Gould also reflected on his discussions with the school district's attorneys.

"In talking with Neil (Bryant), Chris Bagley, Greg Colvin and John Witty, none of them was aware of any school district or municipality who does it differently than this," Gould said.

If the issue ends up in the courts, it is possible that Morgan's interpretation could be deemed correct. Should this happen, "not only will Sisters have to change, but all kinds of other districts and bodies will have to change," Gould said.