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Media & Entertainment Law

: Media Law

Does a School Board 'Retreat' Violate the Open Meeting Law?

By Robert J. Ambrogi

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That is the question raised in this article in The Republican today. The Springfield School Committee is spending the weekend at a resort in the Berkshires for a training program led by a group called the Center for Reform of School Systems.

The district attorney gave the gathering a green light. Strictly speaking, the "retreat" would not violate the open meeting law, provided -- and this is an important proviso -- the group engages in no deliberations. The law defines "deliberation" as "a verbal exchange between a quorum of members of a governmental body attempting to arrive at a decision on any public business within its jurisdiction."

In my opinion, the school committee is treading on dangerous turf here. If they are huddled together over the course of a couple days, with a facilitator whose agenda is school reform, discussing this all day, sharing cocktails and meals in the evenings, it seems highly unlikely that they can avoid discussing school policy and business. If they cross that line, and discuss matters within their decision-making purview, then they have violated the law, in my opinion.

Full post as published by Media Law on March 21, 2010 (boomark / email).

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