Reviewing Non-Public Board Meeting Minutes

LEGAL BRIEF

Elected officials are commonly bound by an oath of office, and the same is true of school board members. Those oaths require elected officials to swear or affirm they will support the Constitution of the United States and their local state and to faithfully discharge their duties as a member of the board of education.

School boards are required to conduct their business in public, but the law occasionally excuses the school board from its legal obligation to conduct its business in a public meeting. While boards always strive for perfect attendance, sometimes a board member will be unavailable for a valid reason, so reviewing the non-public meeting minutes becomes the best way to faithfully fulfill duties.

The value of minutes from a non-public session will be important to set the record straight and ensure the board maintains a consistent position on difficult issues. A review of past minutes may invariably arise when board members recall a half-forgotten dispute, a difficult conversation or a consensus reached during a non-public session that one board member claims is “exactly like this situation.”