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Did CSD Board go Rogue on its Admin?

Disclosure:  Thoughts of a former BOE member, gleamed from past experience...

From Delawareonline, posted Friday May 23, 2014, at 3:30 pm:


"The Christina School Board is having an emergency meeting Tuesday to discuss alleged harassment by a board member."   http://www.delawareonline.com/story/news/local/2014/05/23/christina-board-meet-harassment-claim/9500235/
District spokeswoman Wendy Lapham said the board is expected to present a resolution "disapproving of an action by an individual board member," but said district staff have not been involved in that resolution's development or presentation.
This may seem kosher to the under-educated eye.  But, there's more here than appears.  School boards seldom operate outside the assistance of their district staff.  Exceptions might include the hiring and/or firing of their own admin or super.  But, one only needs to review the agenda for Tuesday's Emergency Meeting to see that one of two situations is at hand (and neither involve hiring and/or firing district staff):

1. The CSD BOE is trying to get out ahead of a scandal that about to break in the media; 

or

2.  The great divide in the BOE is about to widen, with at least one board member going down, possibly targeted intentionally. 

Since I have the honor of having been educated long before RTTT or Common Core zapped critical thinking skills, I think I'm qualified to pick this posting apart (I'm in Green):

The Christina Board of Education will conduct an Emergency Board of Education meeting on Tuesday, May 27, 2014 at 7:00 p.m. at Gauger-Cobbs Middle School, 50 Gender Road, Newark. The reason a special board meeting must be held on less than seven days’ notice is to address the Board of Education of the Christina School District’s (“Board”) view on a matter of public concern promptly, and before the lack of a response may be construed against the Board. The Board reserves the right to adjourn to Executive Session. 
What constitutes an emergency meeting?  
"Emergency Meetings" are "necessary for the immediate preservation of the public peace, health or safety..." http://delcode.delaware.gov/title29/c100/index.shtml
Actually, I tend to think that if this was a true emergency, the meeting would have been held immediately and not scheduled for four days out after a long holiday weekend....

However, CSD has covered its FOIA bases by explaining that this is a special meeting (although it should technically be noted that it is a "regular meeting of the board" occuring with less than seven days notice.)  Thus any FOIA challenge to the "Emergency-ness" of this meeting is likely to fail.  

The reason... is to address the Board of Education of the Christina School District’s (“Board”) view on a matter of public concern promptly, and before the lack of a response may be construed against the Board.
Here's your meat and this is where we see lessons have been learned.  We need only think back to Zack Christie, the silence that followed his alternative placement, and the public fury that filled that silence.  Straight up:  It appears that one board member has done something that is of "public concern" that other board members feel could reflect upon the full body.  These "innocent" board members are seeking to meet to denounce the action of the rogue member before that action can be construed to reflect upon the "innocents."

Now, I can tell that generally there are no innocents on any school board.  Early on in my term, I used to think to myself, "how on earth am I going to get through four years without their muck rubbing off on me?"  And because these boards are political hotbeds that bring the best and worst out in people, even good ones, I got pretty "mucked." I can look back and say with all honesty, I tried my best, but I made mistakes and there are votes I wish I could take back.

And knowing most of the members elected to the current CSD board, I am confident saying that most have from time to time fallen on the wrong side of "just" and found themselves "mucked." But, I've digressed. 

Tuesday's meeting will be called to order and open with public comment.  This is another key to decoding what's actually happening.  The board is tight-lipped on this topic - even drawing the ire of the DE PTA (although the PTA expressed this pretty shamefully.)  BTW, Terri Hodges, you owe John Young an Apology.


A. CALL TO ORDER 
B. PUBLIC COMMENT
So, we have to ask: Why go into Public Comment immediately when it's clear that this board meeting is not about engaging public discussion but rather condemnation of one of its own? Who will speak during public comment?  If this meeting plays out as expected, the comment period will attract only the accuser or his/her representation.  Which leads one to ask, is the BOE getting ahead of a scandal or creating one? 
C. DISCUSSION AND ACTION UPON ANTICIPATED RESOLUTION DISAPPROVING OF AN ACTION BY AN INDIVIDUAL BOARD MEMBER
The language is loaded. Contemplation of "disapproving of an action by an individual board member" is really about Censureship.

Definition of censure (n)

Bing Dictionary
  • cen·sure
  • [ sénshər ]

  1. disapproval: severe criticism
  2. official condemnation: official expression of disapproval or condemnation, e.g. of a legislator by the legislature
  3. criticize somebody or something: to make a formal, often public statement of disapproval of somebody or something
  Bing. Bing. Bing. A, B, and C. 

A little extra reading might be due here:


School Board Censure


By Edwin C. Darden
School board members around the nation are admired for their outspoken ways and no-holds-barred defense of sincere beliefs. But sometimes verbal sparring goes too far and triggers a back draft. The collective disapproval of peers --  in this case, fellow board members --  can be communicated via a censure, a reprimand, removal from board posts, or another authorized rebuke.

The offending official usually responds in one of two ways: accept getting burned or fan the flame via legal or administrative proceedings. School boards have a legal or policy right, and sometimes both, to police their own. But members have options in how to go about it.
The scolding can happen informally, such as when the board president or trusted ally takes the person aside for a conversation. Another discreet alternative: Several board members (but not a quorum) perform a private “intervention.”
When admonishment happens formally, however, it usually means the behavior was so egregious or well-publicized that board colleagues feel that a public response is warranted. Formal actions are rare and titillating, and they inevitably spark citizen and media interest. Public shaming also could generate a lawsuit.   http://www.asbj.com/MainMenuCategory/Archive/2010/October/School-Board-Censure.aspx
This is what it all boils down to:  Despite an ongoing internal investigation (noted in the NJ), the board leadership (notice only vice president Polaski spoke with the NJ regarding the meeting) believes the evidence it has is causal to censureship. 

D. ADJOURNMENT
We all know that a meeting this "titillating" won't end at adjournment. A posting like this one serves as an engraved invitation to the media to start digging for dirt on all seven members.  (Which, surprisingly, isn't all that hard to find - can anyone say "legal for gun-play-inspiring-club-house-closing-edu-organization?" Now, that's definitely censure-worthy!)

What does censureship really mean down the road?  Is the board getting ready to diss one of its own and deny them legal representation should he/she be named in a coming lawsuit?  As legal representation is generally an accepted given for school board members.  But, a board could turn on a member and vote to deny them representation.  Is that where CSD is headed?  Will it be the first Delaware district in modern times to take that drastic action?

Because, frankly, what's about to happen, in any case, is pretty damn rare!


Category: 2 comments

2 comments:

Nancy Willing said...

ARRRRRRRRRRRRRRRRRGH I wish I had an inside track on this one. Me and the rest of the state. Titillating indeed.

Nancy Willing said...

I was told that there is an audio of the event of the complaint and the identity of the two members and it is NOT JOHN.

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