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Parents and former trustee urge board to move consultant discussion out of closed session; superintendent says no action will be taken
Summary
Several speakers told the Mountain View Whisman School District board that discussing a proposed board coach and consultant in closed session conflicts with the Brown Act. Interim Superintendent Bayer told the board it will take no action in closed session on the item.
Several community members urged the Mountain View Whisman School District Board of Trustees on Feb. 13 to remove an agenda item about a prospective board coach and consultant from closed session and discuss it in open session.
Former trustee Stephen Nelson and other public commenters argued that the Brown Act requires transparency for items that do not meet closed‑session exceptions. Nelson read from the law during public comment and warned that if the board persists, he would consider legal action: "I take open government very seriously," he said.
Multiple speakers said earlier consultant hires had been handled without sufficient public notice and that holding a discussion about a draft agreement in closed session would repeat that pattern. One resident told the board the community is "suffering from a profound lack of trust between the community and the board" and asked the board to operate openly when possible.
Interim Superintendent Bayer responded after public comment, saying the board will follow legal requirements and that "the Board will be taking no action in closed session on this agenda item. In order for the Board to take action at a future meeting, the item would have to be included on the open session agenda for discussion and or action." Bayer told trustees the district will follow applicable law.
The meeting later recessed into closed session and reconvened at 6 p.m.; the board reported there were "no actions taken during the closed session." Trustees also reported that Trustee DeFazio recused himself on items 2 and 3.
Why it matters: The public speakers framed the request as a governance and transparency matter tied to the Brown Act's public‑meeting requirements. The board's response — that no action would be taken in closed session and that any action would have to be on an open agenda — addresses the immediate statutory concern while leaving policy and contract decisions for a future public meeting.
