In an apparent reversal by the Oklahoma State Board of Education, three lawmakers attending the board’s regular monthly meeting entered a board meeting without incident, which is their right under the Oklahoma Open Meeting Act.
Rep. Dick Lowe, R-Amber, the new chairman of the House Education Subcommittee, joined the new Rep. Gabe Woolley, R-Broken Arrow, and Democratic Senate Majority Leader Julia Kirt of Oklahoma City during the board meeting, in which — according to the posted agenda — the board discussed 29 separate issues related to teacher licensing.
It was the first time Woolley or Kirt had attended a State Board of Education meeting in 2024.
The appearance of lawmakers in the board’s board meetings has been a major source of irritation for the board this year, led by state schools Superintendent Ryan Walters. In June, Sen. Mary Boren, D-Norman, appeared at a board meeting and attempted to attend a scheduled board session but was blocked by Walters, relying on advice from then-board attorney Cara Nicklas.
That led to a months-long back-and-forth between Nicklas and the Oklahoma attorney general’s office, which had different interpretations of the Open Meeting Act.
The law does allow the presence of legislators at board meetings, which are closed to members of the public: “Any member of the Legislature appointed as a member of a committee of either house of the Legislature or a joint committee thereof , may attend any executive session authorized by the Oklahoma Open Meeting Act of any state agency, board, or commission, when the jurisdiction of such commission includes the actions of the public entity involved.”
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State Schools Superintendent Ryan Walters speaks during an Oklahoma State Board of Education meeting at the Oliver Hodge Building at the Oklahoma Capitol in Oklahoma City, Thursday, Dec. 19, 2024.
Three lawmakers were excluded from the board meeting during the July meeting. Attorney General Gentner Drummond issued a formal opinion – which has the force of law, absent a court ruling – the day before the August board meeting. During that meeting, the board floated the idea of filing a lawsuit on the issue but took no action, while five lawmakers watched from the audience in the small conference room in the Oliver Hodge Building.
The board also opted not to hold a board meeting in August, an unusual move for a board that routinely discusses sensitive personnel issues. The board also did not hold a board meeting in September.
The Board of Education violated Oklahoma law by skipping the November meeting
The day before the October board meeting, the attorney general’s office revoked Nicklas’ approval to serve as the board’s attorney — effectively firing her — and the next day Brad Clark, the office’s current general counsel, resigned. of the Attorney General, as lawyer for the board. . Clark had previously served at various times as both the state Department of Education and Board of Education attorney under then-state Superintendent Joy Hofmeister, Walters’ predecessor.
In violation of Oklahoma law, the board did not hold a regular monthly meeting in November. The board held a special meeting on Nov. 8, during which it voted to hire a new attorney, Joel Wohlgemuth. A brief board session took place at that meeting and Lowe participated.
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On Thursday, Wohlgemuth was not present at the meeting, but an attorney from his firm, Norman Wohlgemuth, was – Chad Kutmas. Walters incorrectly referred to Kutmas as “Joel” three times before realizing his mistake. Kutmas is one of the attorneys representing Walters in an ongoing defamation lawsuit filed against the state superintendent by Bixby Public Schools Superintendent Rob Miller in Tulsa County District Court.
Phil Bacharach, a spokesman for the attorney general’s office — which must approve outside attorneys to work with government agencies — said the approval given to Wohlgemuth to represent the board also included employees of Wohlgemuth, therefore, Kutmas’ presence in the meeting and executive session, was legal.
This article originally appeared on Oklahoman: Oklahoma lawmakers allowed to participate in board of education board meeting
