A proposal to be discussed at the October meeting of the USD 469 Lansing School District seeks to restrict board members’ interaction with their constituents, the community at large, and members of the media. Another proposal requires a board majority to agree that information is needed before the superintendent will respond to an individual board member’s request.
The wide-ranging “Board Governance and Operating Procedures” is already raising First Amendment concerns about public access to school district information.
Among the USD 469 rules proposed:
Board member communication with the community
• The board will communicate with the community through board meetings, public hearings, and written and electronic publications.
• Board members are encouraged to interact with the community; however, individual board members cannot speak for the board or in an official capacity outside of the board room unless specifically authorized to do so by the board.
• Board members should not communicate information in BoardDocs prior to the board meeting which (sic) is not part of the public agenda. Because such information is often confidential, in draft form, and/or includes recommendations not subject to disclosure under KORA prior to citation in a board meeting or a board decision on the matter, individual members should not forward such information to any other individual.
• Board members may communicate information in the superintendent’s weekly update unless it has been designated as confidential.
• If a board member receives a request for written information, they should refer the request to the board clerk, who serves as the Freedom of Information Officer for the district.
Board member responses to community or employee contacts
• The board recognizes that, as elected officials, they will receive requests and contacts from constituents which may include students, parents, employees, community members, or other stakeholders.
• The board member should listen to comments/concerns and then, if necessary, refer the individual to the lowest level in the chain of command which (sic) can address their concern: teacher, counselor, building administrator, etc.
• The board member should take care to not become individually and personally involved in the issue.
• The board member should notify the superintendent or board president of potentially significant requests or issues.
Board member communication with the media
• The superintendent or his/her designee shall be the spokesperson for the district.
• The board president shall be the spokesperson for the board.
• All board members who are contacted by the media should direct them to the Communications Director or superintendent.
First Amendment concerns of proposed USD 469 Lansing policies
USD 469 Board Member Kirsten Workman has First Amendment concerns about the new rules:
“The only person authorized to speak on behalf of the Board of Education is the Board President. This is well-established in board policy, well-known by individual members, and understood by the media.
“The local effort by this Board to restrict individual members from speaking to the media and “require” them to refer all public requests for information or comment to the Superintendent or the Director of Communications and Marketing is another attempt to erode the means by which elected officials may communicate with their constituents and the organization they play a role in overseeing.
“Individual Board members are responsible for communicating with the public and the rest of the Board to ensure constituents’ voices are heard. But our Board of Education is about to limit the community’s voice and ability to hold the school district accountable to two people: the superintendent and the Board president.
“The creation of this new “Board Governance and Operating Procedures” was proposed in January when new members of the board assumed office. The Board held two work sessions during which time it made minor revisions to a template proposed by the superintendent and which will be voted upon next month.
“In addition to changing many current parliamentary norms, it represents a major shift in how information will be shared and discussed in open session and behind the scenes. These new procedures will require a board majority consensus to determine whether information is needed before the superintendent will be responsible for responding to an individual (board member’s) request. It will impose several new restrictions on the First Amendment for both members of the public and individual Board Members. Public Comment and Board Member Comment will have several new restrictions with regard to content and obtaining pre-approval to speak.
“While I remain committed to collaborating with the district and the rest of the Board, I serve the public. In matters that obstruct my ability to do so, I will not comply.”
The next meeting for the USD 469 School Board is scheduled for October 12th.
