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Friday, January 20, 2023

FCPS argues challenged book committee is not subject to Open Meetings Act [Bases position on @mcps COVID committee opinion]

...The Frederick News-Post last month filed a complaint with the state's Open Meetings Compliance Board, arguing that the review committee meetings should be open for public observation.

In a response to the News-Post's complaint dated Jan. 12, lawyers for the district wrote that the review committee does not meet the OMA's definition of a "public body" and is not required to allow the public to observe its work.

The response differentiates between the Frederick County Board of Education and FCPS, and emphasizes that the review committee is under the direction of FCPS employees rather than board members.

FCPS' attorneys cited a recent ruling from the compliance board in which the complainant [Janis Zink Sartucci] argued that a COVID-19 advisory task force formed by Montgomery County Public Schools had violated the OMA.

MCPS created the task force in the fall of 2021, appointing parents, employees, union officials, medical professionals and members of local parent advocacy groups. It was unrelated to the Montgomery County Board of Education, and no board members served on it.

The compliance board ruled that no violation of the OMA had occurred because the group was not a public body.

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