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Tulsa school board holds executive sessions on two lawsuits, excludes member from litigation participation
Summary
The Tulsa Public Schools Board met in executive session twice on Feb. 2 to discuss two pending lawsuits. The board voted to exclude board member E'Lena Ashley from participation in the district's defense in one case and subsequently authorized district attorneys to proceed; a motion to prepare a proposed resolution was approved for the Feb. 23 meeting.
The Tulsa Public Schools Board of Education held two executive sessions at its Feb. 2 regular meeting to discuss pending litigation and took two formal actions when it returned to open session.
At 6:20 p.m., the board entered executive session to consult with counsel regarding A. V. Avington, Jr. v. Independent School District No. 1 of Tulsa County (U.S. District Court, N.D. Okla., Case No. 24-CV-00410-SH), citing Title 25, Oklahoma Statutes, Section 307(B)(4) as authority for confidential communications with its attorneys. The board returned to open session at 6:36 p.m., and Board President Susan Lamkin read a statement that confidential communications had occurred under the statutory exception for attorney–client privileged discussions.
Later the board voted to go into executive session to discuss litigation in a Tulsa County District Court case (Jennettie Marshall, E'Lena Ashley and Aaron Griffith v. Independent School District No. 1, Case No. CV-2024-120). In the same motion the board voted to exclude Board Member E'Lena Ashley from that executive session and from any participation in the board's defense of the litigation, invoking Title 70, § 5-113.2 of the Oklahoma Statutes. The motion to exclude Ashley recorded four ayes and one abstention (E'Lena Ashley); the board then returned to open session at 7:59 p.m.
After returning to open session, the board voted to authorize and direct the district's attorneys to proceed with the defense of the district in Case No. CV-2024-120 consistent with the executive-session discussion. Board Member Stacey Woolley moved that the board authorize preparation of a proposed resolution regarding the lawsuit for consideration at the Feb. 23 board meeting; that motion was seconded by John Croisant and carried 5-0.
Board President Susan Lamkin provided the statutory references on the record when announcing the minutes of the executive sessions. The board did not disclose substantive confidential details discussed in executive session during open session beyond the statutorily required statements and recorded votes.
