After significant public backlash over actions taken at its January 6 meeting, the Otter Valley Unified Union (OVUU) school board held a follow-up meeting Monday night marked by extensive public comment, procedural debate, and internal disagreement. Despite those concerns, the board declined to rescind or re-vote its earlier decisions to relocate preschool programs affecting Caverly Preschool in Pittsford and Otter Creek Academy in Whiting.
While the board maintained that its actions complied with state law, members acknowledged that future action to revisit the decisions would need to be explicitly warned on a posted agenda.
January 6 Meeting and Initial Votes
At the January 6 OVUU board meeting, the board voted to relocate the Caverly Preschool program from its current location in Pittsford to Lothrop Elementary and to move the Whiting preschool program, housed at Otter Creek Academy, to Lester Elementary. Board members described the actions as “program relocations,” not school closures.
The meeting drew little public attendance. In the days following the votes, parents and community members raised concerns that the actions had not been clearly warned in advance.
A review of OVUU agendas from the past year shows that neither Whiting, Otter Creek Academy, nor Caverly Preschool were explicitly listed as agenda items for potential program relocation or closure. One agenda referenced school consolidation in general terms, but no agenda item identified specific schools or proposed actions.
Increased Public Turnout at Follow-Up Meeting
At Monday night’s follow-up meeting, public attendance increased significantly, with multiple speakers stating they had been unaware that votes would be taken at the January 6 meeting. Several said they would have attended had they known action was planned.
FYIVT requested permission to record the meeting using Zoom’s built-in recording feature, which requires moderator approval; that request was denied.
Public comments focused on both process and substance, with speakers questioning whether the January 6 actions complied with Vermont’s Open Meeting Law and raising concerns about the impact of relocating preschool programs on families and communities.
Legal Discussion and Counsel’s Phone Call
A substantial portion of the meeting was devoted to discussion of Open Meeting Law requirements and whether the January 6 actions were properly warned. Board members repeatedly referenced a phone conversation earlier in the day between one board member and legal counsel.
No attorney was present at the meeting, and no written legal opinion was provided. According to board members’ descriptions, the attorney advised that the January 6 actions were likely defensible under the law, while also noting that re-warning and re-voting the items would be a cleaner approach from a transparency standpoint.
Board members differed in how they interpreted that advice. Some argued that rescinding or re-voting the decisions could imply wrongdoing, while others maintained that revisiting the votes would demonstrate responsiveness to public concern. Ultimately, no motion to rescind or re-vote passed.
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State Representative Raises Timing and Process Concerns
State Representative Alicia Malay (R/D-Pittsford), who also serves as chair of the Pittsford Selectboard, attended the meeting in person. Malay questioned the timing of the board’s decisions amid ongoing uncertainty surrounding state education policy and Act 73.
Malay also stated that she had contacted the Vermont Secretary of State’s office to seek guidance on Open Meeting Law requirements related to agenda warnings, emphasizing the importance of clear notice when significant actions are under consideration.
Pittsford Representation and Board Resignation
The January 6 motion to relocate Caverly Preschool was made by Paul Lathrop, a Pittsford representative on the OVUU board. Lathrop resigned from the board shortly after that meeting. No reason for his resignation was discussed during Monday night’s meeting.
The remaining Pittsford representative, Brett Mullin, opposed the relocation and led efforts at the follow-up meeting to revisit the decision. Mullin introduced motions to rescind the January 6 votes and raised repeated concerns about agenda notice and public awareness. Those motions failed.
Apology Discussion and Procedural Debate
During board discussion, some members raised the possibility of acknowledging or apologizing for procedural concerns related to the January 6 meeting. Other members objected, arguing that any such statement could imply wrongdoing. No apology or formal acknowledgement was adopted.
Board members emphasized that they believed the January 6 actions were lawful and declined to take steps they felt could be interpreted as admitting error.
Where Things Stand Now
The meeting concluded without changes to the January 6 votes. The board reaffirmed its position that the actions were legally permissible and did not constitute school closures. Members emphasized that district ownership of the affected buildings remains unchanged and that no decision has been made regarding future building use.
Several public commenters raised questions about potential long-term implications, including licensing requirements, tax status, and obligations under merger agreements if educational use of the buildings changes.
Board members acknowledged that any future effort to reverse the preschool relocations would need to be explicitly warned on a posted agenda. Members indicated that a future meeting is expected to include a clearly warned vote on whether to reinstate the Caverly Preschool program at its current location.
As of adjournment, the January 6 decisions remain in effect, with any potential changes deferred to a future meeting.
Dave Soulia | FYIVT
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