By Greg Oliver
Courtesy The Journal

goliver@upstatetoday.com

EASLEY — Though he doesn’t feel it is intentional, [cointent_lockedcontent] trustee Alex Saitta said items are being discussed in Pickens County School Board executive sessions that should be taking place before the public.

“The last six months or so, the administration and board leadership has fallen into the habit of introducing and encouraging discussion in executive session on topics that the law requires must be discussed in public,” Saitta said.

Saitta cited examples that include closing Hagood Elementary School, changing the schedule of board meetings, an idea introduced by board membership with discussion encouraged on changing the prayer policy, discussion of assistant principal pay and a majority vote to OK a $50,000 facilities study with no public discussion and no public vote.

“We are not public officials elected to act privately,” Saitta said. “All those things must be discussed and acted on in public.”

The former school board chairman, who has served on the board for nearly 11 years, said he has complained about the matter “numerous times” during executive session, has written a letter to chairman Brian Swords and lead attorney Bic Halligan, as well as discussed it with another attorney.

“The bottom line is the public is supposed to be told about these upcoming decisions, so it can provide their input and hence be part of the decision-making process,” he said. “This shuts out the public, and it must end.”

South Carolina Press Association executive director Bill Rogers agrees.

“I think clearly the items (Saitta) told me about could not legally be discussed in closed session,” Rogers said. “They can’t talk about policy matters in executive session — it has to be done in public.”

When asked what he feels should be the next step taken by Saitta, Rogers replied, “I suggested the next time he goes into what he considers an improper (executive) session to pull out a tape recorder or go to court. The court option is more expensive.”

Rogers added that the key word is “policy.”

“They can’t talk about it in closed session,” he said.

Saitta cited the law pertaining to executive sessions, 30-4-70, which states “a public body can go into private executive session for discussion about employment or termination of an employee or demotion of a student.”

Other legal reasons are discussion of negotiations incident to a contractual agreement, proposed sales and purchase of property or an instance where a legal claim is threatened or potential and the board is receiving legal counsel.

Otherwise, the law maintains “every meeting of all public bodies shall be open to the public.”

Swords admitted there have been a couple of occasions when the board has received legal advice regarding policies during executive session.

“That has resulted in an occasional comment or two being made that we would have to reign in and ensure everyone is aware of the guidelines for the executive session,” Swords said.

But the chairman emphasized that such occasions are rare.

“It was very evident last week when the board spent almost an hour in an open board meeting debating one sentence in a policy that there isn’t much discussion taking place prior to public meetings,” he said.

The chairman said Saitta contacted him following the last board meeting, expressing concern regarding executive session. Since that time, Swords said he has made modifications to the board meetings.

“We have implemented a committee of the whole, which will allow for some additional discussion time during a work-session setting,” he said. “That is something which the vast majority of our board members have welcomed.”

Swords said the implementation would officially go into effect when the board meets next week.

Trustee Phillip Bowers said he agrees some executive sessions “have not been well managed and get off-track sometimes.”

“I have mentioned that to Chairman Swords, who is responsible for keeping the meetings on task,” Bowers said. “I have recommended we have a strict agenda outlining legitimate topics for discussion, as well as time limits on executive sessions. I believe Brian will follow through on making the process better.”

Saitta said he feels there are too many board members “who don’t know the bounds of the (Freedom of Information Act) and that a training session conducted by the South Carolina Press Association “would be a good idea.”

Rogers said he would be glad to hold the session if invited.

“We’ve done it all over the state and would be glad to do it for them,” Rogers said. “I think they have a responsibility to know the law — they’re public officials.”

The executive director said school board attorneys are often unable to assist the board because “they don’t understand FOIA law” and “don’t feel the public needs to understand.”

“If the board breaks the law, they should be held accountable,” Rogers said.

Despite some rough patches, Swords said he is proud of the board for the work it has accomplished in the past few months, including needed pay raises for employees, funding for technology and capital needs and refinancing the building debt that saved taxpayers more than $27 million.

“With that said, we are working our way through this — we’re far from perfect,” he said, “but the majority of the board has dug in and worked together while minimizing controversy.”

goliver@upstatetoday.com | (864) 973-6687

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