A bill proposed by Del. Elizabeth Bobo, a Howard County Democrat, aims to tighten open-meetings restrictions for the Howard school board, but would loosen them, a board critic said last night.

Allen Dyer, an Ellicott City lawyer who is suing the Board of Education for alleged sunshine law violations, spoke out against the bill during a new-legislation public hearing in Ellicott City.

"I am opposed to this bill as it is drafted," Dyer said, claiming that its wording is "guaranteed to kill the enforceability of the [law]."

In an e-mail sent to Bobo earlier in the day, Dyer pointed to the legislation's introduction of the undefined term "exemption," which he says would complicate, if not destroy, the ability of citizens to get accountability from the Board of Education; circular reasoning that renders one section of the county's open meetings laws "useful only for toilet paper"; and confusion between "executive function" and the 14 reasons state law allows for meetings to be closed to the public.

Bobo said she asked for the bill to be drafted in an effort to clarify conflicting laws and require the school board to conduct more of its business in the public's view. The board has come under fire lately from the county PTA council, lawmakers, one of its own members and the community for its lack of open government.

"I'm interested in limiting when the Howard County board can go into closed session," Bobo said.

Last month, the school board considered asking for the repeal of three local laws that restrict them from accessing the executive-function exemption to the state Open Meetings Act. The exemption, which is outside the scope of the state act, allows public bodies to meet in private to discuss broadly defined managerial matters, with no community notice and no recordkeeping required.

Align with local laws

Bobo said her bill would align the local laws with the state law and make executive function a moot point for the Howard board, by bringing it into the scope of the Open Meetings Act and subjecting it to the act's requirements.

Assistant Attorney General Jack Schwartz, who also serves as counsel to the State Open Meetings Compliance Board, said Bobo's bill accomplishes those goals.

"Could the draft be tinkered with to make it clearer?" Schwartz said. "Sure, most initial drafts need some [tinkering]. Fundamentally, I think this does what she wants it to do, though."

Effect on lawsuit

Dyer is unconvinced and fears that if the bill passes in its current form, it would not only allow the board to operate in secret, but it could kill his lawsuit, which focuses heavily on the oft-abused executive-function exemption.

"Well over $200,000 of legal time has been expended in reaching the current point of litigation," said Dyer, who wants lawmakers to put executive function under the scope of the Open Meetings Act for all public bodies and has drawn up a bill draft of his own doing so. The county school board will begin presenting its defense in the suit tomorrow in Circuit Court.

"Soon, the board will rest its case, and the trial judge will render a final judgment that will be appealed to the appellate courts for a published opinion," Dyer said. "To scrap this investment in time and money and start over at square one would be a massive waste of resources and an unfair process."

Bobo said she would give strong consideration to Dyer's points and ask the state attorney general to consider them.

Other bills presented

Among the four other bills presented for discussion was one drawn at the request of Del.-elect Neil Quinter that suggests implementing full-day kindergarten in county schools earlier than the 2007 deadline. The bill, if passed, would require the superintendent to produce a report on the idea by October.

"This provides some encouragement and some focus," Quinter said.

But the school system has put together a committee to look into the matter, and some think legislation requiring a report from the superintendent is beyond the delegation's authority.

"It seems to usurp the rights and responsibilities of the local school board," said Mary Kay Sigaty, a former early-childhood educator who spoke out in opposition to the bill.

Sigaty said Quinter should have started with a conversation with the school system instead of legislation if he wants to develop a positive working relationship.

Two other bills asked for capital budget funds. One looked for $400,000 to begin renovations to the circuit courthouse, while another seeks $500,000 to start restorations on the Blandair Farm in Columbia, which is slated to become a county park.

The fifth bill addresses imposing jail time for probation violations.

Howard's legislative delegation will vote on whether to support the bills after the General Assembly session begins in Annapolis on Jan. 8.