Hudsonville board weighs taking 31A/31AA funding amid attorney‑client‑privilege concerns
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Summary
Staff recommended a resolution to opt in to time‑limited 31A/31AA funding, noting a Dec. 30 opt‑out deadline and pending court decisions; board members raised constitutional and attorney‑client‑privilege concerns and no final vote was recorded.
District staff recommended the Hudsonville board adopt a resolution to accept 31A/31AA funds, but several board members urged caution because accepting the money could limit attorney‑client privilege and raise constitutional questions.
"The recommendation is that the board takes a resolution to accept the 31 AA funding," a staff presenter said, outlining a deadline for decisions and noting the district could opt out by Dec. 30 if the board initially opts in. The presenter said the district expected a court decision by Dec. 19 that could affect the legal calculus.
Board members urged more information. One board member said they would personally "refuse to give up attorney client privilege for any reason at this point," and others discussed options such as routing legal advice through different attorneys or waiting for court rulings. Staff said some districts and legal counsel believe the funding may be successfully challenged in court, but that the timing left local boards to choose whether to accept funds now or risk not being eligible later.
Staff asked the board to allow the superintendent or designee authority to act if the legal situation changes before the next meeting because reconvening during the holiday break would be difficult. The transcript contains discussion and a recommendation but no recorded vote or formal motion outcome in the provided excerpt.
Next steps described in the meeting: staff will continue to monitor court decisions and counsel advice and return with a recommendation at the next board meeting; staff also asked for authority to opt out later if circumstances change.