By Jennifer Stultz
Tri-County Tribune Editor
jstultz@cherryroad.com
Tracey Beverlin, Pratt County Attorney, released the following letter to the public on Monday, February 2, after her office investigated complaints made by six individuals alleging violations of the Kansas Open Meetings Act (the “KOMA”) by the USD 382 Board of Directors.
Her findings, printed here, were included in a letter to the Board, dated January 13, 2025 which follows in its entirety.
* Following my review, I concluded there is enough evidence to support a finding by a preponderance of evidence that the Board’s September 16, 2024 executive session violated the KOMA. I further concluded there is enough evidence to support a finding the Board violated KOMA in ways not included in the complaints received by my office. Specifically, my review found the additional violations:
(1). The Board’s minutes inaccurately reflect those present in the September 16, 2024 executive session and a pattern of inaccuracies in documenting individuals present in executive sessions.
(2.) The Board’s September 16, 2024 motion to enter into executive session was deficient and a pattern of deficient motions to enter into executive session.
(3.) The Board engaged in improper interactive discussion of a matter of substance among a majority of a quorum in response to the KOMA complaint.
I asked the Board take the following remedial actions to resolve these violations:
(1.) The Board complete at least one hour of KOMA training with the next 90 days. I requested the Board encourage the Clerk, and other staff, including the Superintendent, who work with the Board to also attend this training. I request the training be held in public during a regularly scheduled board meeting. I further request the Board provide notice to and invite the public to attend. I believe the public will be served by an understanding of the KOMA.
(2.) The meeting minutes should reflect the training and specifically identify which Directors and staff were in attendance for the training. The minutes should further reflect the individual and/or entity that provided the training.
(3.) Provide a copy of the training material to my office for my review.
(4.) Adopt and use a checklist or other similar protocol or process to ensure that the Board meets all the statutory requirements for recessing into executive session. The checklist should reflect each step that must be taken when making a motion to move into executive session. The checklist should be available for referral to all Directors during each meeting.
(5.) Amend the minutes of the May 13, 2024 meeting to accurately reflect who was in attendance of the executive sessions.
(6.) Post in the Board’s usual course for posting meeting minutes, the Board’s minutes from its May 8, 2024 special meeting.
Though the Board did not agree with all of my conclusions, they agreed to complete the remedial actions. On February 5th, 2025, the Pratt USD 382 Board of Education will convene a Special Meeting at 5:30 p.m. to complete their KOMA/KORA training. This meeting is open to the public and I encourage all that can to attend the training, despite the short notice provided.
