How The State Auditor Expects Districts to Comply With the Sunshine Law Susan Goldammer Missouri School Boards’ Association

Auditor Authority  The State Auditor has the authority to audit school districts. §29.205, RSMo.  The State Auditor is required to audit any political subdivision (including a school district) if requested to do so by a petition signed by the requisite number of qualified voters in the political subdivision. §29.230, RSMo.

But....  Auditors are not necessarily attorneys.  Frequently the auditor expects measures above and beyond what is required by law.  The auditor really has no authority other than to publicly highlight perceived problems and refer for prosecution.

Resources  “Top 10 Steps for Audit Excellence” YouTube Video on Auditor website  “Summary of State and Local Audit Findings – Sunshine Law,” March 2012  News Release, March 16, 2011, Auditor  Various audits of school districts in the past few years.

Audits of School Districts  2012 – 1 finished, 1 follow-up, 1 pending  2011 – 3  2010 – 1  2009 – 3

Auditor – Meeting Agenda  Open session: A tentative agenda must be prepared and posted at least 24 hours prior to the meeting. If less than 24 hours notice is given, the good cause reason must be noted in the minutes.  Retain all posted agendas to demonstrate compliance if audited or challenged.  If there is any deviation from agenda, note it in the minutes.

Auditor – Closed Meeting Agenda  To close a meeting BOTH 1) post a closed meeting agenda and 2) start in open session and make a motion to go into closed session.  Include the specific reasons for going into closed session in both the posted agenda and the motion.  Limit closed meetings to topics allowed by law. (Frequently violated.)

Auditor – Meeting Agenda  Do not automatically give notice of a closed meeting in all agendas if a closed meeting is not actually planned or held.  Make sure the agendas state the specific reasons for going into closed session. Do not just list all reasons allowed by law.

Auditor – Minutes  Make sure that minutes are accurate, complete and accessible. (Signed?)  Maintain formal minutes of all open meetings and include sufficient detail of “significant” matters discussed or actions taken.  The district’s custodian of records needs to file minutes in an organized manner at the district offices – not in someone’s home or car.

Auditor – Minutes  Do not forget the committees! Committees created by or at the direction of the Board need to have minutes. The committee needs to approve them, and the custodian of records needs to retain them.  Ensure minutes are properly and timely prepared and approved for all meetings.

Auditor – Open Meetings  Board members only conduct business in a meeting.  Make sure the time of meetings is convenient so that the public can attend.  Remember that Board retreats and work sessions are meetings that require minutes, even if there is no official action or decision made.

Auditor – Meetings  Comply with state law regarding participating in meetings by telephone/ . State law “requires a quorum of Board members be physically present at the meeting location before any other members are allowed to participate by phone or .”  Correct?

MSBA – Electronic Meetings  Not quite correct.  One or more Board members (or even all) may participate in a meeting electronically as long as a roll call vote is not taken, i.e. an open session meeting.  If roll call votes are taken, a Board member participating electronically cannot vote in the meeting unless there is 1) an emergency of the district and 2) there is a quorum physically present.

Auditor – Closed Meetings  Maintain minutes of ALL closed meetings held.  Provide sufficient details of discussions held and decisions made.  Issues discussed in closed session MUST be allowed by state law. (Frequent violation.)  Do not discuss if the issue does not fit into one of the reasons listed for going into closed session.

Auditor – Improper Closed Session Discussions  Relocating the early childhood special education program.  Discussion of possible staff reductions.  Renewal of staff members when performance was not documented or discussed.  Car purchase.

Auditor – Improper Closed Session Discussions  Online courses for students.  Setting class sizes.  Approval of service contracts for boilers.  Report from lobbyist.  Naming a building.  Creating a new position.  Reorganizing policies.

Auditor – Improper Closed Session Discussions  Assignment of security.  Motion to remove a hiring freeze.  Motion to approve the staff handbook.  Discussion or approval of staff leave policy.

Auditor – Public Records  Appoint a custodian of records.  Have formal policies and procedures regarding public access to public records. See MSBA Policy BDDL.  Adopt and follow a schedule of fees charged for obtaining copies of those records.  Follow the policy!

Auditor – Public Records  Document information requests received or keep copies of records provided.  Maintain complete and detailed documentation to support the rates charged to obtain documents.  Only redact what you are allowed by law to redact (closed information).  Respond in a timely manner.

MSBA’s Sunshine Law Top 10 List

Sunshine Law Top 10 List 10. A meeting is a discussion of public business with a quorum. It does not matter if it is in person or electronic. If you have a meeting, follow the law! 9. Don’t forget the committees too! 8.A record includes any document the district maintains regarding public business – and some records maintained by others, including you!

Sunshine Law Top 10 List 7. or other electronic communication can be a record or a meeting. 6. A vote is a vote is a vote. Make them formal and make sure all of them get in the minutes. 5.Respect the confidentiality of closed session. There are good reasons the law lets the Board discuss things confidentially.

Sunshine Law Top 10 List 4. Just because you are nervous about discussing it in open session does not make it legal to discuss in closed session! 3. Not everything about personnel belongs in closed session – just those issues involving an identified staff member. 2.Do not be a lazy Board member! Get your agenda items in so that they can be posted!

Sunshine Law Top 10 List 1.Speak up if you are concerned the law is being violated. You are responsible!