WV School Board Association Interim Executive Director Addresses BOE
During a special work-session meeting of the Pocahontas County Board of Education on July 29th, Howard M. O’Cull, the Interim Executive Director of the West Virginia School Board Association and Jason Long, the Attorney for the county Board of Education, 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 used the simulation to demonstrate 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 have to 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 WV Open Meetings Act. He also said any discussions made during an executive session are not legally privileged, since a court can require that they be disclosed during a future civil suit filed 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 and 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 afterwards the board members all commented how much good information O’Cull and Long had provided them at this work session.
Additionally, during this special meeting, the members approved lists of fundraising organizations and of school support organizations for fundraisers and school-based fundraisers for the upcoming school year. Superintendent Williams explained that in order 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 from the superintendent and finally by the board members before they can conduct a specific fundraiser event.
Finally, Williams announced that good progress has been made in resolving the Pocahontas Schools’ Special Education issues that were previously identified by the state, and they have submitted their special education plan to the WV Department of Education.
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