UPDATEED to correct and further explain bylaws change and open meetings reference.

NEWTON – Schools for Fair Funding (SFFF) voted today to proceed with a lawsuit seeking an increase in state education funding. Today’s meeting was the first since the Kansas Supreme Court’s rejection last week of the group’s petition to reopen the Montoy case mandating increased funding for K-12 public education.

The group also made several changes to its bylaws, including one that allows an expanded board of directors to hold unannounced meetings (see UPDATE below).

Board meetings can be called by a majority of the board members and can be held without notice for any purpose according to the revised bylaws. “All notices for Board of Director meetings may be waived by the unanimous consent of all Voting Directors, and such meetings may be held immediately without notice, for any and all purposes and matters coming before such meeting.”

The text of the bylaws appears to authorize an arrangement that would be in violation of the Kansas Open Meetings Act (KOMA). The law says, “Any person who requests it must be furnished notice of the date, time and place of any regular or special meeting of a body that is subject to the Open Meetings Act.”

The text of the bylaws appears to authorize an arrangement that would be in violation of the Kansas Open Meetings Act (KOMA). The law says, “Any person who requests it must be furnished notice of the date, time and place of any regular or special meeting of a body that is subject to the Open Meetings Act.”

UPDATE —

According to a March 1 email received from John Robb the bylaw regarding notice provisions was not a change but, “existed prior to anybody ever asking SFFF for KOMA notices.”

The bylaw provision would only be operable, according to Robb, if nobody requested notice of meetings under KOMA requirements, a stipulation not stated in the bylaws. KOMA does say there is no notice requirement unless notice has been requested.

“Nobody ever requested KOMA notices from SFFF until Earl Glynn, your associate, asked to get the KOMA notices on August 25, 2010 (sic),” Robb said in the email.

“The ‘no notice’ section obviously cannot be used as long as we have folks requesting KOMA notices.  When SFFF becomes ‘uninteresting’ again, and folks stop requesting KOMA notices, it is possible that this particular by-law might be usable again,” Robb said.

Robb also asserted in the email that Kansas statutes allow public bodies to waive notice requirements under some circumstances, but according to a KOMA summary (pdf) published August 2009 by Assistant Attorney General Michael J. Smith, “a body cannot opt out of KOMA’s requirements.” KansasWatchdog has emailed Smith for a clarification of this apparent discrepancy.

END UPDATE

When asked about the no-notice provision after the meeting, Robb said his group would provide notice to anyone who requested it. The group does not have an apparent signup mechanism for notifications, but Robb’s law firm maintains a page on school finance with information on SFFF. He said anyone can request notice through the site, which includes his email address.

In 2007 the group settled a suit brought by the Topeka Capital Journal about information requested under the Kansas Open Records Act (KORA). SFFF agreed to abide by KORA and KOMA, and make a financial contribution to the Sunshine Coalition for Open Government.

The group also accepted a bylaw change creating two vice presidents, changing quorum requirements from four districts to 25 and forming a steering committee. The committee will include the group’s president, two vice presidents, the secretary treasurer and two representatives from each of six categories determined by district enrollment.

The vote to proceed with the lawsuit was taken after a 45-minute closed session to discuss the action. Two districts abstained.

Attendance was down compared to previous meetings. Group attorney Robb said the number of member districts stands at 72 after two districts dropped out.

The Group’s treasurer, Norm Wilks, was replaced because his district, El Dorado, is no longer a member of SFFF. Gary Jantz from Newton was elected by voice vote.

The group’s growth from from 13 members last year prompted several bylaw changes.

SFFF will have two classes of members. Regular members pay dues plus extra assessments including extra charges for litigation. Each regular membership district’s superintendent, or a designee, will hold a voting position on the board of directors. Representatives of associate member districts, which pay full membership dues but not the additional assessments, will not have voting rights on the board.

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