The Liberty Elementary School District Governing Board has been cleared of allegations that it violated Arizona’s Open Meeting Law (OML) during several meetings and activities in 2023 and 2024, according to a report from the Arizona Attorney General’s Office, which a Democrat currently leads.
Approximately a dozen complaints were filed by various individuals objecting to actions taken by the board, which has a conservative-leaning majority. The allegations claimed board members exceeded the scope of executive sessions, took improper legal actions and engaged in conduct outside of public meetings that potentially violated OML.
However, the Attorney General’s investigation found no violations, according to a records response from the Liberty Elementary School District, which contained the report.
One written complaint focused on former board member Bryan Parks, who emailed the conservative advocacy group Turning Point USA to express his intent to push for a classical education model and to call for the resignation of another board member, Paul Bixler, a transgender woman who had drawn criticism from conservative media figures. Investigators concluded the email did not constitute a meeting under OML, as it involved only one board member and lacked evidence of collective deliberation, despite Parks referencing the intentions of two other members.
A separate complaint regarding an email exchange between two board members about social media activity was also dismissed, as it did not reflect a coordinated plan or effort to deliberate outside a public setting.
Another complaint accused Parks and Board Member Michael Todd of violating OML by seeking new legal counsel without formal Board approval. The investigation found no violation, noting that OML does not prohibit individual board members from contacting potential service providers.
A similar complaint related to a 2023 executive session concerning the selection of a consulting firm for an interim superintendent search was also dismissed.
Additional concerns addressed by the investigation included:
- A November 18, 2024, work session agenda that included items such as “School Boundary Update” and “Budget Discussion.” The report found the agenda adequately descriptive to meet public notification requirements, despite claims that it should have been more specific.
- A December 16, 2024, public hearing on school boundary changes, where the public comment period was limited to three minutes per speaker. The investigation determined that the limit was reasonable and that the absence of Board discussion prior to public comment did not violate OML, since public comment is not required by law.
- Social media posts by then-Board President Parks in 2022 and 2023, which were determined not to violate OML as they were not directed at fellow board members nor part of any plan to evade transparency laws.
- A February 27, 2023, meeting, where a board member used a student’s full name. This did not violate OML, as the name was obtained from a public source, not from an executive session.
- Parks’ discussion of a civil lawsuit (Maricopa County Superior Court Case No. CV2024-031828) with a constituent was also cleared, as there were no executive sessions held in relation to that case, and no confidential information was disclosed.
One final complaint alleged a potential violation during a February 3, 2023, tour of Scottsdale Unified School District’s Cheyenne Traditional School, which was attended by board members. The complaint suggested that the tour was used to discuss changes to the educational model. However, investigators found no evidence that deliberation took place during the tour.
In summary, the Attorney General’s Office concluded that none of the complaints substantiated violations of Arizona’s Open Meeting Law.
A copy of the report in its entirety can be found here.
