School board discusses firearm policy

TEN SLEEP – The final draft of a policy that would allow Ten Sleep School district to arm staff members was presented to the board Monday. The board tabled action until a full board was in attendance.

Monday evening during the August Ten Sleep School Board meeting, board members heard from Washakie County Sheriff Steve Rakness and Ten Sleep School Attorney Scott Kolpitcke about the firearm policy, which would allow certain staff members to conceal carry during school, before first reading.

Ten Sleep School Superintendent Jimmy Phelps sent the finished policy to Rakness and Kolpitcke before Monday’s meeting, asking for their input on any changes that may be required and also to discuss the lawsuit Evanston School is facing due to their adoption of a firearm policy.

Kolpitcke explained to the board that the lawsuit Evanston school district is facing is not about the substance of their firearm policy but about the process used to adopt the policy. “I assume everyone has heard in the news that there is a lawsuit against Uinta County School District No. 1 in Evanston, regarding their policy. They did go ahead and adopt a firearms policy similar to what you are considering now. It’s important to remember that that lawsuit is being filed based on procedural issue not on the substance of the policy itself. The lawsuit is not asking the court to just throw out the policy in terms of the substance or what it says or the fact that the staff will be allowed to carry firearms. The issue is they are asking the court to throw it out because they are saying the school board failed to follow the right procedure,” Kolpitcke stated.

Wyoming has a law called the administrative procedure act, which requires all state and local agencies to follow certain procedures when enacting a rule. Kolpitcke explained that the plaintiffs in the case against the Evanston school district believe that the firearm policy adopted is a rule not a policy and that by not following the process for making a rule, the school cannot legally adopt the firearm policy.

“Basically one of the features of that law is if you adopt a rule and there is a specific definition for that term in the law, if you adopt a rule, there is a specific process that the agency has to follow. School boards when they typically adopt a policy, don’t follow that process, because there is a difference between a policy and a rule. Most school boards in Wyoming follow the same or similar process that you do. They go through two or three readings, usually in consecutive weeks and may take public feedback at each of those meetings if there is any. In a lot of cases, like your policy tonight [homeless students] there is no public feedback and then it becomes a policy. When you go through the rule making process, under state law there is a 45-day notice of comment period. You give notice to the public that in 45 days you are going to take action on this policy and you allow people to make written comments, oral comments and during that period you also have to let them know that if they request a public hearing, if at least 25 people do request a public hearing than another 45 days after that initial meeting you have to have a formal public hearing. Again giving people the opportunity to have a meeting where they can come in and express their opinion one way or the other. So you could potentially have at least a 90-day process where you formally have to give these notices and let people express their opinions. So obviously Uinta County School District No. 1 did not do that and the plaintiffs in that lawsuit are claiming that’s the process they should have followed,” Kolpitcke said.

“I talked to the attorney today who is representing that school district, in terms of just finding out where they are in the lawsuit. Both sides at this point have filed what they call a motion for summary judgement which is basically a motion asking the court to determine the outcome of the lawsuit without having to go to a trial and I think there is a good chance the court will grant motion for summary judgement, it’s just a question of for who, whether it’s for the school district or the plaintiffs. They have oral arguments scheduled for later in the month and then the judge will probably issue a decision sometime after that. If the judge finds in favor of the plaintiffs and says ‘school district you should have followed this longer process,’ then essentially he will determine that their policy that they have adopted is invalid and they will have to essentially start over. It doesn’t mean that they will have to change any of the substance of the rule, just means procedurally they will have to give notice for a new meeting that will take place 45 days later, they will consider it and if they get at least 25 people requesting a public hearing then they will have to have another public hearing after that,” Kolpitcke went on to explain. “They could jump through these hoops and end up with the exact same policy that they have already adopted,” he added.

Rakness advised the board to take their time on adopting the policy. “First off I want to say that this policy looks pretty good. What I want to make sure is, that you view it again, have the attorney look at it again, and make sure this is where you are going. Take your time; you are in no hurry to do this. You haven’t started anything. I know there are some issues with another school district so take your time and see what shakes out from there. Don’t get into a big hurry. I think you have everything done here. I’ve talked to the police department, whenever you set this up, they are going to make a special class for whomever is interested in that, for you folks. If you have questions of me for anything, call me. But I think you are moving in the right direction. I’ve heard the issue in the other school district and I know some details about it so what I am asking you guys is to make sure on the advice of your attorney, to make sure that if you need to, let that shake out and see what happens with that,” Rakness said. “I don’t think you would face that here, but you never know. Then when you start the policies, make sure you stick with them. Don’t deviate from your policies, stick to what you said you are going to do in your policy. If you as a board and your attorney don’t believe that this person is fit to do this duty, don’t do it. If it doesn’t seem right, don’t do it,” he added.

Given the importance of the policy at hand and having two board members not present, the board decided to wait on the first reading of the firearm policy until September.