The Echo

Dear Christina Constituents,

In a few hours C&E 1st will go on hiatus for three days as I hit the wilderness with my girl scout troop.  Before I go, I want to address an article in today's News Journal, Delaware schools: Christina board violated FOIA, AG's Office rules.

In March, I found myself in a difficult place.  The board had convened a public meeting that in my opinion was not properly noticed in accordance Delaware State law.  The night before the meeting, a fellow board member brought the omission of the Agenda from the posting to my attention.  On the morning of March 6th, I attended the board meeting at Sarah Pyle Academy and shared my concerns.  I presented a copy of the state's code on open meetings and Delaware's Freedom of Information Act to our board president.  He briefly considered the documents and determined that the meeting was "legal."

The meeting was called to order.  After the Pledge of Allegiance, I re-iterated my concerns with the appropriateness of the meeting and informed those in attendance that I would not stay and participate.  I have been committed to transparency since I began my campaign more than a year ago.  I was elected to position on that platform and will not deviate from my core values.  Participation in this meeting would have constituted both a personal moral and ethical violation. 

The meeting was conducted at the president's direction after I departed.

At the regularly scheduled March meeting, our president offered comments regarding the departure of a board member at the previous meeting.  It became apparent to me that the culture that sustains our district is one in which transparency is not clearly understood and that deficit is reflected in all of our actions.  I believed that the only place to turn for an accurate interpretation of the state code was the Office of the Attorney General for a Freedom of Information Act finding.

The FOIA reflected two concerns: 1)The proper posting of the March 6th meeting and 2) The lack of minutes for the on-going Agenda Prep meetings held prior to the regularly scheduled monthly board meetings.  In March, I, along with another board member, co-submitted a FOIA petition on behalf of the voters of the Christina School District to the A.G.  The findings were recently released and can be found on the A.G.'s website at  http://attorneygeneral.delaware.gov/office/opinions/2010/10-IB04.pdf

The Attorney General's Opinion supports the FOIA Petition.  Our Board of Education was found to have incorrectly interpreted the code and as a result, has held questionable meetings.  The A.G. does recognize that the board did not vote or take any other action during the meetings that were the subject of the FOIA. 

For many, the above chain of events will evoke anger.  It did for me, for a number of reasons.  But, I am more concerned for the district's constituents, that they have historically been shut out of process and lost their opportunity to have a voice on policy in times when it has been direly needed.  There are some that support the "old guard," who will be angry that I or any other board member rocked the boat.  They will argue that this was not a matter that should have gone before the A.G. and that I am part of a rogue gang of board members who have a secret agenda.  I know this because in recent weeks those rumors have made their way back to me. 

I assure you that I am neither a "rogue" board member nor do I have a "secret" agenda.  My agenda has been very public from day one:  I seek to create transparency and ensure accountability in our best efforts to provide a world class education for all students.  I will go to the ends of earth -- and the A.G.--  to ensure that I have maintained that effort. 

Had the A.G. found for the district, I believe that I would feel the same satisfaction, in knowing that I had engaged process to ensure that we were following both the letter and the spirit of the law.  This was a necessary step to ensure that our actions support our assertions.  I am a passionate advocate for open government and true democracy and as such I have included the FOIA petition submitted to the Attorney General in tab, labeled Pages, to the right of this post.  It is my hope that you will draw your own conclusions about the appropriateness of these meetings, the filing of the petition, and the A.G. Opinion.

Ultimately, I am satisfied with and saddened by the outcome.  I admit to being a part of meetings (Agenda Prep) that were not in compliance with the state code.  I bear that responsibility and have taken the necessary action to rectify it, through this FOIA petition.  I continue to be troubled by what appears to be a history of such meetings and I cannot tell you (having only been on this side of the board for 10 months) how many such meetings have occurred in the last thirty years. 

Accidental as it may seem, it's ultimately a sad chain of events.  It is, however, a necessity, as in my opinion, we as both a district and a board are without the ability to change erroneous behavior if we do not acknowledge it.

Sincerely,

Elizabeth Scheinberg