Tim Walker
AMR Reporter
During the July 29 Pocahontas County Board of Education’s special work-session July 29, Howard M. O’Cull, Interim Executive Director of the West Virginia School Board Association; and BOE attorney Jason Long, conducted a training session for the board members.
O’Cull presented a simulation document about a fictitious Board of Education situation in a place called “Waterford County.” He used those simulated conversations among board members and their superintendent to show proper and improper ways to handle situations. That fictitious county board was dealing with issues similar to ones faced here in Pocahontas County, such as how a diminishing student population raised questions about the possible need for school consolidation; the need to address issues using innovative approaches while keeping in mind the need to meet their financial responsibilities, as well as the political realities.
Among the lessons O’Cull demonstrated was that sometimes the training given to new BOE members over emphasizes the things that members cannot do, instead of the things they can and should do.
Another was about proper and improper use of executive sessions. He said members must very specifically identify their reason for going into an executive session, and their vote to do so must be based very strictly on one of the open meeting exceptions specified in the West Virginia Open Meetings Act. He also said discussions during an executive session are not legally privileged, since a court can require that they be disclosed if a civil law suit is filed in the future objecting to a board decision. He said just saying the executive session is to discuss a personnel matter or a financial issue is insufficient, as a specific agenda item must be identified that will be discussed in the closed session, and nothing else can be discussed in that executive session.
O’Cull clarified the superintendent’s proper role with the board, saying the legal term “whole board” includes not only the five elected board members but also includes the superintendent, who is the “Secretary of the Board.”
He also said since only the superintendent reports directly to them, they should clear it with the superintendent before directly questioning any of the school directors.
Long told the board members that they cannot hold any discussions during a meeting with members of the pubic who are presenting as delegates to the board, other than to ask them for clarifications of their statements, and this should be made clear to the delegates before they speak to the board.
One of the board members asked if it was ok for three members – which is a quorum – to ride to training sessions together, and Long said it is ok for them all to be together anytime, as long as they do not discuss issues that may come up at a future board meeting.
The training given the board included a lot more information beyond the highlights provided in this story, but afterward the board members all commented how much good information O’Cull and Long had provided at this work session.
In addition, at this special meeting, the members approved lists of fundraising organizations and school support organizations for fundraisers and school-based fundraisers for the upcoming school year. Superintendent Williams explained that to comply with fundraiser policies, these now-approved groups will still have to fill out a fundraiser request form which needs to be approved by the school principal, then the superintendent and finally by the board members before they can conduct a specific fundraiser event.
Finally, Superintendent Leatha Williams announced that progress has been made in resolving the Pocahontas County Schools Special Education issues that were previously identified by the state, and a plan has been submitted to the West Virginia Department of Education.
