The Groveport Madison Local Board of Education, in a special meeting, rejected a motion to adopt the district-prepared agenda and then voted 3-2 to enter executive session to consider employment and complaint matters involving a public employee.
The vote to enter executive session was taken under Division (G)(1) of Section 121.22 of the Ohio Revised Code, the statute that governs executive sessions. Legal counsel told the board, "You have the ability to go into executive session because that was what was contained on the special meeting notice." The board went into executive session at 7:54 p.m. and returned to open session at about 9:00 p.m.; the meeting adjourned at 9:01 p.m.
Why it matters: Executive session authority allows a board to discuss personnel and complaint investigations privately, but several board members said the planned discussion risked running afoul of the district's collective bargaining agreement with the GMLEA (the Groveport Madison Local Education Association) and the district's grievance procedures. Those concerns centered on whether documents requested for use in executive session and the framing of the meeting notice followed required procedures.
Board action and votes
- A motion to accept the district-prepared agenda and discard an attached PDF prepared by a board member was moved and seconded and then rejected in roll call: John Kirschner, aye; Cathy Walsh, aye; Lehi Gray, no; Mr. Bauer, no; Mrs. Doubtelberger, no. That vote left the board without adoption of the district agenda by a 2-3 margin.
- Following the failed agenda vote, a separate motion that tracked the published special meeting notice — to go into executive session "to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual" under Division (G)(1) of Section 121.22 of the Ohio Revised Code — was moved and seconded. The roll call on that motion was: John Kirschner, aye; Cathy Walsh, aye; Mr. Bauer, no; Lehi Gray, no; Mrs. Doubtelberger, aye. The motion passed 3-2 and the board entered executive session.
Discussion highlights
Several board members said they would oppose executive session because they believed the proposed use of confidential documents and the subject matter could violate language in the district's negotiated contract with the GMLEA and trigger a grievance. Board members also criticized the meeting's scheduling and notice procedures, saying key administrators were not present and that the timing limited the ability to hold a fully informed discussion.
Legal counsel repeatedly advised the board that the special meeting notice limited permissible action to the purpose listed on that notice; counsel said the trustees could lawfully enter executive session for the stated purpose because the notice matched the motion being considered. Board members who voiced concern said the disagreement was about process — how complaints and requests for records should be handled when union-covered employees are involved — and requested clearer policies and possible policy committee work on procedures for reviewing such complaints.
No public action was taken after the executive session. The meeting minutes and the board's public record will reflect the votes and the times the board entered and left executive session.
Ending
Board members signaled they intend to continue working on policy and process clarifications; several asked for future meetings to include the superintendent, treasurer and additional legal counsel when personnel or grievance-related topics are on the agenda. No formal direction to staff or public decisions were recorded in open session at the meeting's close.