Board rejects waiving the attorney-client privilege tied to January’s closed session
Published 10:49 am Tuesday, April 5, 2016
The Albert Lea School Board rejected a proposal Monday night by a 3-2 vote that would have waived an attorney-client privilege tied to the legality of a closed session taken in January.
School Board members Jill Marin and Julie Johnson voted to waive the privilege; Dave Klatt, Mark Ciota and Linda Laurie voted against it.
At issue was the School Board’s decision of entering into closed session at its Jan. 19 board meeting.
Albert Lea Citizens Concerned for Education, a Facebook page where district policies are discussed, has questioned over the last couple months on its Facebook page whether it was legal for the School Board to enter into a closed session at the meeting for a self-evaluation.
Ciota, chairman, said he understood the need for transparency but noted he could not support the waiver because he thought it would set a precedent to break attorney-client privilege, an agreement he said is important.
He said the board’s decision to enter closed session was based on the advice of the district’s attorney, Kevin Rupp, and said he still supports the board’s decision to enter closed session.
Marin said she wanted the legal opinion issued by Rupp released so the public could know why the board entered into closed session.
She claimed the closed session did not meet legal requirements.
Klatt said he did not support waiving attorney-client privilege because it was an important agreement.
Johnson said she was concerned over the possible precedence waiving the agreement would set, but noted it would bring transparency. She said there is nothing problematic in the documents.