Raap v. Board of Trustees, Wolf Point School District

by
The Supreme Court reversed the judgment of the district court granting summary judgment to the Wolf Point School District Board of Trustees (Board) on Plaintiff’s claim that the Board unlawfully terminated her employment in violation of the open meeting law, Mont. Code Ann. 2-3-203, and Mont. Const. art. II, 9.Plaintiff appeared before the Board for a hearing regarding the termination of her employment. The Board closed the meeting to the public and then re-opened the meeting to the public, at which time a trustee made a motion, seconded by another, for the Board to terminate Plaintiff’s employment. The meeting was then closed again to everyone except the Board and the superintendent to allow the Board to discuss unspecified litigation strategy at an “executive session” with the Board’s lawyer. When Plaintiff was allowed back into the room the Board voted to terminate Plaintiff’s contract. The Supreme Court reversed the district court's grant of summary judgment to the Board, holding that the district court (1) erred in granting summary judgment that the Board lawfully closed the hearing portion of the meeting based on third-party privacy rights; and (2) erred in granting summary judgment that the Board lawfully excluded Plaintiff from its “executive session” under the litigation strategy exception of section 2-3-203(4). View "Raap v. Board of Trustees, Wolf Point School District" on Justia Law