3 State Lawmakers Shut Out Of Closed-Door OSDE Meeting

Three state lawmakers were denied access to a closed-door meeting at the State Department of Education. Now, the Attorney General says he’s investigating and moving to take the appropriate action, saying this was a possible violation of the Open Meetings Act. 

All three lawmakers serve on education committees at the state capitol, meaning they should be allowed into executive sessions for OSDE meetings. But for two months now, lawmakers have been denied access. 

“It was an eye-opening experience,” said Rep. Jacob Rosecrants.

Wednesday was the first time Rosecrants attended a board meeting at the State Department of Education. He has been a lawmaker for five years but says he never felt the need to oversee the meetings under previous State Superintendent Joy Hoffmeister. After events at the most recent meetings, Rosecrants said he decided to attend.

“I'm on the education committee. I have every right to do this, and I'm going to go exercise my right,” said Rosecrants.

State board members spent an hour and a half behind closed doors discussing the teaching certifications of four teachers. That was the conversation that Rosecrants, Sen. Mary Boren and Rep. Mike Osburn were all hoping to be a part of.

Boren first had an issue with not being allowed into the executive session during the June OSDE meeting. 

Rosecrants says the three were asked to state their case to the OSDE legal counsel of why they wanted to be in executive session, and then were escorted back to a side room, while board members stayed and continued without them.

“These folks like to do things in the dark and they need to be doing them in the light,” said Rosecrants. “Everybody has an absolute right to be outraged by what he's doing.”

Attorney General Gentner Drummond said in a statement:

“We are very concerned by what appeared to be a willful violation of the Open Meeting Act. Our office will look further into the matter and take appropriate action.”

Senator Mary Boren said in a statement:

“It’s disturbing that the superintendent and Board continue to ignore the law that clearly allows legislators to observe their executive sessions, even after Attorney General Gentner Drummond’s office has stated they must. In addition, they did not follow their published agenda. I believe a violation of the Open Meetings Act has occurred, nullifying those votes ... following the law is not optional. They can certainly go to court, but they cannot simply choose to ignore the attorney general, as well as the Open Meetings Act, which is aimed at ensuring transparency and integrity in governmental proceedings.”

“Unfortunately with the State Department of Education and Superintendent Walters, and really the whole board, there is no transparency,” said Rep. Rosecrants.

While it was Rosecrants' first OSDE meeting, he says it certainly won’t be his last.    

“You have every right to be there and to witness whatever goes on behind closed doors,” said Rosecrants.

We reached out to OSDE and State Superintendent Walters for an additional comment on the alleged violation and did not receive a response.