In an apparent about-face by the Oklahoma State Board of Education, three legislators who attended the board’s regular monthly meeting entered an executive session without issue, which is their right under the Oklahoma Open Meeting Act.
Rep. Dick Lowe, R-Amber, the incoming chair of the House Education Subcommittee, joined new Rep. Gabe Woolley, R-Broken Arrow, and Democratic Senate Leader Julia Kirt of Oklahoma City in the executive session, during which — according to the posted agenda — the board discussed 29 separate teacher licensing issues.
It was the first time either Woolley or Kirt had attended a State Board of Education meeting in 2024.
The appearance of legislators in the board’s executive sessions has been a major source of irritation this year for the board, led by state schools Superintendent Ryan Walters. In June, Sen. Mary Boren, D-Norman, showed up at a board meeting and attempted to attend a scheduled executive session, but was blocked by Walters, relying upon advice from then-board attorney Cara Nicklas.
That led to a monthslong back-and-forth between Nicklas and the Oklahoma attorney general’s office, who had differing interpretations of the Open Meeting Act.
The act does allow for the presence of lawmakers in executive sessions, 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 joint committee thereof shall be permitted to attend any executive session authorized by the Oklahoma Open Meeting Act of any state agency, board or commission whenever the jurisdiction of such committee includes the actions of the public body involved.”
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State schools Superintendent Ryan Walters speaks during a meeting of the Oklahoma State Board of Education at the Oliver Hodge Building on the Oklahoma Capitol in Oklahoma City, on Thursday, Dec. 19, 2024.
Three legislators were blocked from the executive session during July’s meeting. Attorney General Gentner Drummond issued a formal opinion — which has the force of law, absent a court ruling — the day before the board’s August meeting. In that meeting, the board entertained the idea of filing a lawsuit over the issue, but took no action, as five legislators watched from the audience in the tiny meeting room inside the Oliver Hodge Building.
The board also opted in August to not conduct an executive session, an unusual step for a board that routinely discusses sensitive personnel issues. The board also didn’t hold an executive session in September.
Education board violated Oklahoma law by skipping November meeting
The day before the October board meeting, the attorney general’s office withdrew its approval of Nicklas to serve as the board’s attorney ― essentially firing her ― and the next day Brad Clark, the current general counsel for the attorney general’s office, served as the board’s attorney. Clark had previously served as both the state Education Department and Board of Education’s attorney at different times under then-state Superintendent Joy Hofmeister, Walters’ predecessor.
Violating Oklahoma law, the board did not have its regular monthly meeting in November. The board did hold a special meeting on Nov. 8, during which it voted to hire a new attorney, Joel Wohlgemuth. There was a short executive session held during that meeting and Lowe sat in on it.
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On Thursday, Wohlgemuth didn’t attend the meeting, but an attorney from his firm, Norman Wohlgemuth, did ― Chad Kutmas. Walters mistakenly referred to Kutmas three times as “Joel” before realizing his error. 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 grant approval for outside attorneys to work with state agencies — said the approval granted to Wohlgemuth to represent the board covered Wohlgemuth’s associates, so the presence of Kutmas in the meeting, and the executive session, was legal.
This article originally appeared on Oklahoman: Oklahoma lawmakers allowed into education board’s executive session