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Board member warns late state approval could violate Open Meetings Law
Summary
A board member questioned whether state approval of the meeting agenda arrived after the 4:00 p.m. deadline, which the member said could render tonight’s actions void under the Open Meetings Law; the board approved the agenda with corrections and proceeded.
A board member raised a potential Open Meetings Law problem at the Upshur County Board of Education meeting after noting the state department’s emailed approval of the agenda appeared to arrive after 4:00 p.m.
The board member said the email timestamp showed 4:06 p.m. and warned, “If they're after 04:00, it did not meet the Open Meetings Law,” adding that a late approval could make the night’s actions “null and void.” The superintendent replied that the state approval was “very close to 04:00 or shortly thereafter,” and that staff would ask whether the state would include the approval time on future notices.
Despite the exchange, the chair called for a motion to approve the agenda with several corrections (spelling fixes and personnel list adjustments). The motion was approved by voice vote after members responded “aye,” with one board member recorded as saying “nay.” The transcript does not record a named mover or a roll-call tally for the vote.
Why it matters: If the state department’s certification of the agenda came after the cutoff the board cited, legal counsel could determine that actions taken under that agenda might need to be revisited. Board members flagged the timing because personnel actions on the agenda carry statutory deadlines that can affect employment statuses.
Board procedure going forward: The superintendent said staff will ask the state whether it can show the precise approval time on future agenda certificates so the board can document compliance. The meeting proceeded after the voice vote; no formal challenge or legal opinion was recorded during the session.
The board adjourned at 6:22 p.m.
