Legal counsel briefs Hamilton City board on duties, Open Meetings rules and 'red flags' for members
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Summary
Bricker & Graydon attorney Dave Lampi told the board its three core duties are hiring leadership, fiscal oversight and policy adoption; he warned against day-to-day involvement, described open-meeting risks including serial communications and executive-session limits, and recommended social-media disclaimers.
Legal counsel Dave Lampi gave a comprehensive presentation on board authority, ethics and Open Meetings requirements.
Lampi told the board the three core duties are "to identify and employ a good superintendent and treasurer," to make sound fiscal decisions and to adopt good policy. He laid out common "red flags" including getting involved in day-to-day operations, seeking personal advantage in district business, contacting staff directly about personnel matters, and criticizing employees publicly. Lampi cited the Public Records Act and FERPA when explaining limits on board members' access to personnel and student records.
The presentation covered Open Meetings Act risks for committees and serial communications, noting that a series of prearranged meetings or a chain of emails among a majority of board members can create a constructive quorum. Lam(p)i reviewed executive-session requirements: the motion must state the statutory reason and the session discussion must stay within that stated topic, and the board's policy designating executive-session confidentiality can carry legal consequences.
On social media, he recommended disclaimers and cautioned that posts about district operations can create public records. Lampi referenced recent cases (Briggs Levy; Eisen v. Madison Local Board) and an auditor FAQ on use of public funds for ballot advocacy to illustrate legal pitfalls.
Board members asked questions about evaluation statutes, school visits and whether some communications count as "paid time" advocacy; Lampi said the statutes and auditor guidance vary and offered to assist with drafting clarifying language. The presentation was delivered as a work-session item and no formal board action was taken.