From the Vevay Reveille-Enterprise and Switzerland County Democrat (Vevay):
Q: The school board is interviewing candidates for superintendent. Are they required to make their three finalists known to the public?
A: No. You’re thinking about the Open Door Law requirement for appointments to boards made by a public agency’s governing body. In this case, the superintendent is not an appointee but an employee.
The Open Door Law allows a governing body to have an executive session to discuss potential employees and to interview candidates for employment.
On top of that, an Indiana appellate decision from the 1990s (Baker v. Middlebury) allows the school board to reach a decision on its choice during that executive session.
The vote on the superintendent must be taken at a public meeting so that citizens can see whether it was unanimous or a split decision and, if so, who voted for or against the hiring.
Contact Steve Key, HSPA executive director and general counsel, with media law questions at skey@hspa.com or (317) 624-4427.
