Whatever Willard McCall’s concern is about the firm managing the School District 62 bond issue projects, he wants to discuss it out of the public arena. 

He initially proposed an executive session at the School Board’s regular meeting earlier this month but the motion was pushed to tomorrow’s special meeting. 

The delay, perhaps, was due to his motion’s apparent failure to meet allowable reasons under state law for a closed session. 

He’s trying again with a new motion that seems to have the old problem – it’s outside the exceptions to public meetings. 

Of course unless or until a court says otherwise, a closed session is legal if counsel says it is. 

Here’s what McCall wants to do: 

“To discuss with upper administration and board members by legal advising counsel, strategy, negotiations, prospective litigation, and matters involving attorney-client privilege, related to District 62 Program Management Agreement between RPSB and CSRS LLC.” 

Here’s what the law says the board and other public bodies can do: 

“Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the public body.” 

If you interpret one as the other, we read them differently. From this perspective, McCall’s dog won’t hunt. 

There is no litigation on either side of the matter, there is no written demand threatening litigation (if so, it would have to be attached to the agenda notice), there is no litigating position in play. 

Louisiana courts have held that the statute is to read as prohibiting closed session when reasons for it are not specifically spelled out. 

That’s not to say the board can’t do it. And not to say anyone or any organization would challenge its legality. 

The law and its exceptions were created in a time when citizens and news gatherers bristled at being turned away. 

I was among them, serving with two other editors as Louisiana Press Association representatives on committees working with legislators at two different sessions (1982, 1989) to amend and strengthen the sunshine laws. 

Long time ago but rule is same — public’s business is public unless specifically exempted.