Dateline: March 26, 2009

Board members deny violating Open Meetings Act

By Roger Estlack, Clarendon Enterprise

An investigation will be opened this week into a possible violation of the Open Meetings Act by members of the Hedley school board, the Donley County Attorney’s office said.

County Attorney Landon Lambert said Tuesday that he will ask the Texas Rangers to investigate allegations that four members of the Hedley Consolidated Independent School District Board of Trustees held an improper meeting last August.

A complaint by former board member Rex Morris was filed with Sheriff Butch Blackburn, who turned the case over to the county attorney.

“The authority originates in my office to prosecute Open Meeting violations,” Landon said. “The bottom line right now appears to be that nothing has been voted on that wasn’t in an open session, and there does not appear to be evidence other than he said, she said that an improper meeting was held.”

A video tape of the alleged improper meeting was going to be reviewed later Tuesday by Lambert and the sheriff.

Lambert said the complaint alleges four members of the board – James Lee Potts, James Edward Potts, Tonja Ruthardt, and Bonnie Walsh – held an improper meeting following the funeral of Milford James Potts last August.

The members in question say they gathered to help the Potts family write thank you notes, and that school business was not the purpose of the gathering.

Speaking on the advice of the school’s attorney, board president James Lee Potts said he had no knowledge of any violation of the Open Meetings Law.

Board member Bonnie Walsh said the allegation is simply not true.

“We did help them do some thank you notes,” Walsh said. “It wasn’t like a meeting. They (the Potts) were too torn up. School business was not our concern.”

Walsh also said that setting would not have made sense for a meeting.

“If we were trying to meet in secret, we sure were stupid,” she said. “We parked right in front of Tonja’s house, and she has big windows with no curtains.”

Lambert said state law prohibits board members from meeting in a quorum to discuss official business outside of an official meeting. He also said that state law does allow board members to gather at club meetings, funerals, and meals as long as they don’t discuss school business.

Violating the Open Meetings Act can result in a fine up to $500 and jail time up to six months, Lambert said. The timeframe of the investigation will depend on the Rangers’ caseload.