School boards recording closed talks

Some of the school boards state auditors found were not following the Utah Open Meetings Act are now changing their ways, especially when it comes to recording closed-door talks.

"I think the fact this has brought into focus a concern, I'm sure superintendents and board members will be more sensitive to the issues that were raised in this audit," said Gary Cameron, associate executive director of the Utah School Boards Association and executive director of the Utah School Superintendents Association. "If we had a problem — and I'm not convinced there was a serious problem . . . I'm assuming it will be adequately corrected."

The Utah Open Meetings Act allows public bodies to close meetings for few reasons, including discussing the character, competence or health of an individual, and strategy sessions on collective bargaining, property sales, leases or exchanges, and lawsuits.

Last month, the Legislative Auditor General's Office found some boards were inappropriately closing meetings, closing them often and at times, not complying with the law's intent that the public's business be conducted in public.

A central issue: Eight of 10 boards audited did not keep solid records of their closed meetings, so a judge, in the event of a court challenge, would be hard-pressed to determine if they were closed legally.

The law requires public bodies to tape record or keep detailed written minutes disclosing the content of the closed meeting — or, in cases of personnel, sign to swear that's all that was discussed.

The audit noted several boards appeared to be operating on misinformation. It called for statewide training, emphasis on closed meeting records, and suggested putting teeth into the law.

"Like most people in the state, we thought we were doing what we were supposed to be doing," Nebo Superintendent Chris Sorensen said. "But we are going to do . . . exactly what we're being asked to do."

Nebo is taking detailed minutes of closed meetings. Granite and Provo district officials are recommending their boards tape record closed meetings, and Jordan plans to start doing so in its next board meeting.

"Even though we're not out of compliance, we could be more up-front," Provo Superintendent Randy Merrill told his school board earlier this month.