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Barnum School Board meeting format violates Minnesota Open Meeting Law - Pine Journal

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This finding, as cited in an April 19 opinion by Minnesota Department of Administration Commissioner Alice Roberts-Davis, has led to new guidance issued by the Minnesota School Board Association regarding meetings during a pandemic.

The new guidance states that school board meetings should either be held in person — without restrictions on public attendance — or held completely virtually.

On four separate occasions, the Barnum School Board held meetings where board members attended in person, while the public was restricted to monitoring the meetings via Facebook livestream.

“The public bodies have been violating the law,” Barnum Township resident Mark Krampf said. “I think this is problematic."

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Krampf explained that the public has not had equal access to all meetings during the pandemic, citing the lack of broadband internet available in Carlton County.

Last week, the Minnesota Department of Administration issued an advisory opinion to the district, citing violations of the open meeting law by the board on Sept. 22, 2020, Nov. 24, 2020, Jan. 5, 2021, and Jan. 26, 2021.

“The School Board did not comply with the OML when a quorum of the public body held in-person meetings … while the public was limited to remote attendance,” the opinion read.

According to Superintendent Mike McNulty, the decision to livestream meetings was made out of concern for public safety during the COVID-19 pandemic. He explained that the board room is a small space and does not allow for large groups of people to remain socially distanced.

After the livestream of the meeting ended, the videos would be uploaded to Barnum Public Schools' Facebook page, as well as its website. Meeting minutes were typically attached to agenda packets available to the public online.

“We were having public comments being sent in and read at the meetings, and we moved people in and out of the room if they spoke at a meeting, all to ensure the health and safety of people,” McNulty said in an email to the Pine Journal.

McNulty shared that he was recently informed by the department that a quorum was considered to be more than three board members present at one time.

The department and McNulty also discussed larger alternatives for Barnum meeting spaces.

“The department acknowledged that (the statute) does not give clear guidance to districts on what to do if the board is in-person and the safety measures ... cannot be maintained,” he said. “Similarly, the advisory opinion does not address the health and safety issues surrounding social distancing, presumably because it was not asked to do so.”

McNulty said statues regarding physical and virtual access to meetings has been the focus of many recent discussions because Minnesota is using them for the first time since they were created in 2007.

"Our school district was following the Minnesota School Board Association's recommendations during this pandemic," board Chair Beth Schatz said.

The Barnum School Board has since voted to move future meetings to the media center at the school and will be allowing public attendance at all meetings.

Meetings will continue to be available via livestream as well.

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