A teacher at USD 251 North Lyon County recently accused a board member of violating an ethics policy recommended by the Kansas Association of School Boards (KASB) by placing a “vote no” sign in her yard on a school board issue. KASB says no such policy exists, and a legal expert says even if it did, a policy cannot take away a board member’s First Amendment rights.
During the public comment section of the Oct. 7 meeting, teacher Jessica Woodrow said board member Angie Brotz violated the policy.
“First, ‘KASB BH School Board Member Ethics’ section 1.e states that it is unethical to place the interest of one group or community above the interest of the entire school district,” Woodrow said. “When a capital improvement bond is proposed, it is designed to address infrastructure, safety and educational needs for all our students. When an individual board member actively campaigns against a district-wide initiative from their home, it signals to patrons that a personal or divisive agenda is being prioritized over the collective welfare of our schools and our children.”
Woodrow also submitted her comments in written form, and the district published the statement in its unapproved meeting minutes. The Sentinel asked North Lyon County Superintendent of Schools Robert W. Blair whether all patron comments are routinely included and published in unapproved minutes, and whether the district had adopted a “KASB BH School Board Member Ethics policy,” but as of publication, it had received no response.
North Lyon board member Angie Brotz says KASB attorney David Cunningham told her the alleged ethics policy does not exist, so Brotz did not violate it.
Regardless, even if such a policy existed, enforcing it would likely violate Brotz’ First Amendment rights, according to Attorney Fritz Edmunds, who assists Kansas school board members through School Boards for Academic Excellence.
“Elected officials do not surrender their free-speech rights by taking office,” Edmunds said. “Core principles from case law and ethics commissions. Private-citizen political speech on matters of public concern (ballot measures, taxes, school facilities) is strongly protected. A personal ‘vote no’ (or ‘vote yes’) yard sign on one’s own property is classic protected political speech. It does not use district resources, does not speak in an official capacity, and does not bind the board.”
