By Adam Pagnucco.
Earlier this week, WJLA-TV posted a startling article claiming that the school board had approved a multi-million dollar diesel bus contract in closed session. Here’s the problem:
It didn’t happen.
WJLA-TV’s article claiming a closed session contract approval.
The headline of the online article states, “Montgomery County school board approves $13.9M diesel bus purchase in closed session.” The online article quotes Parents’ Coalition representative Janis Sartucci as saying, “It’s absolutely horrifying that a purchase of the size was conducted in a closed session.” Sartucci also said, “A superintendent who came in with a pledge of transparency has hidden this major, multi-million dollar purchase in a closed session in September. We’ve got to get this right.”
The TV broadcast, which is shown in the online article, is different. WJLA-TV reporter Kellye Lynn never said on live TV that the contract was approved in a closed session, merely that it was discussed in a prior closed session on September 26.
So what happened?
It’s true that the diesel bus contract, which I reported on, was discussed in closed session on September 26. The minutes of that session characterize one of the items of discussion as:
Discussed administrative and operational issues related to charter schools; Charles W. Woodward High School; local taxation impacts on school funding; safety and security concerns; fire damage at the former Joann Leleck Elementary School at Broad Acres Elementary School site; and the acquisition of additional diesel buses, which were administrative function items outside the purview of the Open Meetings Act.
Certain administrative functions are indeed exempt from the Maryland Open Meetings Act.
However, the contract itself was part of a package on a consent item list that was approved in open session on October 10. The contract request was included on the agenda (it was a source for my reporting) and it, along with a number of other items on the consent list, was passed by the board in open session by a unanimous vote.
The school board votes unanimously to approve the new diesel bus contract.
Now there are a number of things I don’t love about this. The electric bus contract, which the new diesel bus contract is intended to offset, has been a failure and I have called on Superintendent Thomas Taylor to pause it for reevaluation. I am also unenthusiastic about the board’s discussion of the contract in a closed session. I would prefer that the school board hold an open meeting about the problems with the electric bus contract as the county council did. After all, it’s the school board and not the council that has the authority to approve MCPS contracts. That said, the electric bus contract has been a source of litigation so I understand why the board would be reluctant to openly discuss legal issues (which are also exempt from the Open Meetings Act).
These bus contracts are a big mess and Taylor has a responsibility to sort them out. However, the media needs to be careful in how they report about MCPS, and that includes me. It is inaccurate to state that the school board “approved” a contract in closed session. It’s also inflammatory because if they did that, it would be insane and possibly even illegal.
Since I drafted this post last night, WJLA-TV removed the reference to “approved” in their article and posted this editor’s note: “In an earlier version of this story, the headline reflected that the vote happened in a closed session. The vote occurred in an open meeting on Oct. 10. We’ve updated our headline and apologize for our error.” However, the article still includes Sartucci’s claims that MCPS “conducted” the “purchase” in a closed session and that Taylor “has hidden” the purchase. If Taylor had truly “hidden” the purchase, why was I able to find the contract request on the school board’s website and subsequently explain it to the public? WJLA-TV still has some cleaning to do.
Let’s hold MCPS accountable but let’s also report on its conduct accurately. We expect accurate information from MCPS. Those who report and comment on MCPS should adhere to the same standard.