School boards would have to tape record all of their executive sessions, even portions their attorneys previously declared off-limits, under a bill that produced fireworks in the House amid charges that Democrats are sore losers.
Some Republicans claimed the only reason Democrats introduced House Bill 1110 is because reform candidates beat union-backed rivals in some of last year’s school board races. “This bill is an attack on education reform,” said Rep. Kevin Priola, R-Henderson, who was visibly upset.
Nonsense, said the sponsor, Rep. Cherylin Peniston, D-Westminster, who said the bill was in the works before the November election.
She said the measure is necessary to make sure boards don’t misuse executive privilege. The bill requires that discussions in executive session be recorded, even parts of the session that might be considered attorney-client privilege. In addition, executive session minutes must reflect the amount of time spent discussing each topic.
During the committee hearing on the bill, Peniston said the records are not meant to be public and would only be used by a judge to determine whether or not a board had misused its executive session.
Among those who testified against the bill were representatives from the Colorado Association of School Boards and the Colorado Bar Association. Among those who testified in favor was a representative for the Colorado Education Association.
House Bill 1110 passed on a 34-31 vote and now goes to the Senate. Three Democrats joined Republicans in opposing the measure: Dan Pabon of Denver, Daniel Kagan of Cherry Hills Village and Diane Mitsch Bush of Steamboat Springs.
“I agree with holding lawyers accountable,” Pabon said. “I’m just not sure this is the best way to do that.”
Rep. Jim Wilson, a former superintendent who said he has been the topic of some executive sessions, questioned why the bill was limited to school boards. The Salida Republican said citizens in his community have had more issues with the city council.
“I basically think, colleagues, that this is a local control issue,” he said.
The Jefferson County and Thompson school boards, where conservative candidates prevailed in November, were criticized after the election for the way they handled the hiring of a new attorney.
Lynn Bartels: 303-954-5327, lbartels@denverpost.com or twitter.com/lynn_bartels
