QUESTION RAISED ABOUT SCHOOL BOARD'S CLOSED MEETING

A closed session of the Cape Girardeau Board of Education during a noon meeting Tuesday may have violated Missouri's open meetings and record law.

"If it wasn't urgent and could have waited 24 hours, the school board should have posted notice and held it at a later time," said Jean Maneke, legal adviser for the Missouri Press Association.

Missouri statute 610.020, which covers notices of meetings, says all closed sessions must be announced at least 24 hours in advance of the meeting, exclusive of weekends and holidays when the facility is closed. When it is necessary to hold a meeting on less than 24 hours' notice, or at a place that is not reasonably accessible, state law requires that "the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes."

Maneke said the school board was in violation of the law when it unanimously approved a motion by member Steve Wright for the board to adjourn into closed session to discuss "hiring, firing and disciplining" of an identifiable individual without giving advanced notice.

The public meeting reconvened after a 20-minute closed session, and board president Dr. Ferrell Ervin said there was no announcement regarding action taken during closed session.

"It was probably a legally closed session, but there is a question on whether they provided adequate notice," said Maneke. "If there was short notice, a process of why they couldn't post notice in advance should be stated in the minutes."

Schools superintendent Dr. Dan Tallent said the school board was acting within state statutes by holding a public vote before going into closed session to answer a "personnel question." He said the board has called other closed sessions in the same manner for the same purpose.

The state's open meetings law requires an "affirmative public vote of the majority of a quorum" before going into closed session, but Maneke said the timing of the session was the prevailing issue.

Wright, who with five years on the school board is its veteran member, said he was unaware of any law violation. "I thought it was legal, otherwise I wouldn't have called it," he said.