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Tuesday, July 11, 2006

School Board absurdity

(Hello readers,

Here's a preview of an upcoming editorial. Your comments? I'll read them and possibly incorporate them into the actual editorial, which I think will appear on tomorrow's editorial page. Thanks -- Tom D.)

Have you noticed? The Farm Bill is in the news again, because some in Congress are questioning it. Others in Congress are questioning the sugar program, still others the war in Iraq, still others the Defense of Marriage Act and so on. And if you add all of these dissident senators and representatives up, and you'd find all 535 congressmen busily "undermining" (read: trying to reform or overturn) some pet-peeve law duly signed by the president and passed by a previous Congress.

Have you noticed something else? Those 535 congresspeople aren't waiting until an issue comes back to the floor. Why, they're going on TV, speechifying in front of Rotary clubs, writing policy papers and newspaper columns, even taking part in interest-group campaigns, all in an effort to get Congress to reverse itself on their issue.

And have you noticed one more thing? This has been going on every day, every week and every year for the entire 230-year history of our country. It's been happening far outside of Washington, too, as it's the stuff of political life in all 50 state capitals, all 3,141 county seats and all 87,525 local governments in the United States.

All but one local government, that is: the Grand Forks School Board.

The board should quickly repeal the absurd "collegiality" provision of its "Annual Governance Review Checklist".

As Herald staff writer Paulette Tobin reported here, the board thinks effective governance means all debate stops when a policy wins a majority vote. They couldn't be more wrong. In America, two fundamental principles of democracy are that a) the minority in any legislative body is required to obey any law passed by the majority; but b) that minority is not at all required to agree with the law -- and, in fact, the minority retains the full freedom to lobby the majority, the public and anyone else in an effort to convince them that the law is misguided.

The board members in favor of silencing minority voices suggests this policy flows from John Carver's "policy governance" board-leadership model. But that's a misreading of Carver, at least as applied to school-board governance. Carver doesn't say school boards should present a united front to the public. He says they should present a united front to the staff -- especially the superintendent, the CEO so important in Carver's plan.

In other words, embittered board members shouldn't go to school-district staff and encourage them to undermine the board's actions. Sez who? Sez Carver himself, in his article in the March 2000 American School Board Journal, titled "Remaking governance: The creator of 'Policy Governance' challenges school boards to change."

Here is Carver on the specific topic of, as he puts it, "one voice from plural trustees":

"2. One voice from plural trustees. Trustees have authority only as a full board -- but few boards behave accordingly. Staff members take instructions from and answer to individual trustees and board committees. Individual trustees judge staff performance on criteria the board as a body has never stated. Superintendents seek to keep individual trustees happy quite apart from fulfilling board requirements. Trustees enjoy getting things 'fixed' for constituents. There is often unspoken agreement that 'you can meddle in your district if you'll let me meddle in mine.'

"It is not enough to dismiss these phenomena as simply politics and personalities. Whether the board intends it or not, the realpolitik of school systems demonstrates regularly that staff members do, in fact, take direction from individual trustees.

"If a board seriously intends to speak with only one voice, it must declare that the staff can safely ignore advice and instructions from individual trustees, that only the explicit instructions of the board must be heeded. Excellence in governance will not occur until superintendents are certain that trustees as a group will protect them from trustees as individuals.

"Commitment to the authoritative unity of the board in no way compromises board members' right to speak their minds. Vigorous disagreement among trustees does not damage governance, but allowing intraboard skirmishes to affect the staff is irresponsible. (emphasis added)

"In short, trustees who disagree with the vote may continue to say so, but may not influence organizational direction. It is in boards' interest that superintendents treat a 5-4 vote as a 9-0 vote."

In the interest of avoiding controversy, the Grand Forks School Board has passed a foolish, heavy-handed guideline that tries to stifle dissent and deny elected officials their constitutional right and even duty to speak out. The guideline should be rescinded without delay.

35 Comments:

Anonymous ec99 said...

This appears to be little more than an effort on the part of the school board to turn a de facto reality (i.e., lockstep votes) into a de jure one. Over the years, the board has had so many unanimous decisions that some have suspected all had been resolved a priori, long before any official deliberations in front of the public had occurred.

2:03 PM  
Anonymous Irwin R. Fletcher said...

The editorial is good in principle, but lose the congressional metaphor. That metaphor has just as many problems as the private board metaphor that the School Board is applying.

Stick to the Staff directive vs. public discourse arguement, it makes your point more clearly, and it is really the crux of the issue - not fluff about grandstanding senators.

As an aside, I think this is the real reason Marhula was not re-elected, its not becuase he tries to "uncover issues" or is "outspoken" or "willing to rock the boat." He was voted out becuase he is a meddler who tries to give individual directives to staff, bad execution of policy by Carver's and any account.

I didn't attend the meeting, but the school board is actually trying to apply the "speak with a unified voice to staff" manifesto moreso than the "you can't disagree in public" one. They are just too inarticulate and politically incompetant to do so.

4:10 PM  
Blogger Good Ol' Boy said...

You blew that one, Tom. I spent yesterday on Dakota Huseby's blog arguing this point, so I'm not going to do it again here.

I am not here to advocate overthrowing the First Amendment. Having said that, why is this viewed as a free speech issue, anyway? To me, this is a matter of a business (the school) being run in an orderly fashion. You really make the same argument in your editorial by quoting the Carver rules.

In your zeal to look at all the world through a First Amendment lens, you all seem to forget that this is after all a business that has to be run in a small community. The time for free speech is before the vote. And holding up Congress as some kind of example was a poor choice, in my opinion.

6:40 AM  
Anonymous Anonymous said...

There are not time limits on free speech.

8:06 AM  
Blogger Good Ol' Boy said...

Please state again for us the policy of the Herald's editorial board as far as formulating an editorial position, writing the editorial, and finally, how is dissent handled after a decision is made?

As a follow up question, does this process not have a chilling effect on free speech? Are not First Amendment issues at stake here? As guardians of this sacred right, aren't your actions hypocritical?

9:03 AM  
Blogger Tom Dennis said...

Good 'Ol Boy,

Thanks for your interest. The five members of the Herald editorial board meet periodically, talk and then vote. Most of the votes are unanimous, and if they're not, then Mike Jacobs "wins". He's the publisher, so what's on the editorial page (and every other page in the paper) ultimately is up to him.

In any event, nobody ever has to write an editorial that they disagree with. If the vote is, say, 1 to 4 with Mike being the "1", then he writes the editorial.

As far as unanimity goes, Dorreen Yellow Bird is a member of the editorial board, yet often disagrees with the board's editorial stance, especially on Sioux nickname issues. When that happens, she's free to (and often does) write a column disagreeing publicly with the editorial; at times, her column and the editorial get printed on the same day.

Having said all that, let me also say that I think it's irrelevant to this discussion, because the Grand Forks Herald is a private business. We're supported by voluntary payments by willing buyers. If you cancel your Herald subscription, the police will not come to your door.

The police will, however, visit and even jail you if you refuse to pay the school-district's share of your property taxes. That power to force compliance sets the district apart, as it does the district's governing body, the school board.

The school board, in other words, is government. So, its power to "establish religion," "abridge the freedom of speech," "conduct unreasonable searches and seizures" etc. is limited by the Bill of Rights, including the First Amendment.

But the Herald could, say, "estabish religion" and become a Muslim or Mennonite publication if it chose. That's because neither the Herald nor any other business is subject to the Bill of Rights.

Don't misunderstand. As a newspaper, we BENEFIT from the Bill of Rights, in that the government cannot "abridge the freedom of the press," meaning send in the National Guard to shut us down. But we're not SUBJECT to the Bill of Rights in the same way that the school board is, because we lack the board's access to the police powers of the state.

One other quick point. The Herald's editorial board members are employees of the newspaper. We can be fired at will; and if the management here (or at any business) wants to say "No speaking in public about company issues," it's free to do so. (It doesn't do that, by the way.)

But school board members are elected officials. They don't work for the board president. They don't even work for the board itself or the school district. They work for the public, so they have much more independence and freedom to speak out than do ordinary employees.

And, in my view, they should use it.

11:35 AM  
Anonymous Anonymous said...

The "Good Ol'Boy" attitude, decisions made prior to board meetings are common, where do you think the real decisions are made....sometimes at a bar after the meeting....what do you think board members do to "public watchdogs"....get rid of them. I think we need "watchdogs" to keep business running smoothly....the entities need to answer to the public....and the board member is an elected official that represents the public....so let him do his job!

11:08 PM  
Blogger Good Ol' Boy said...

So now I'm an adjective, not a noun? Is that a lateral promotion?

A quick question- how many commenters here and on Dakota's blog have sat on a board of any consequence? Some time spent on one, trying to achieve something would soon reveal that some of your lofty ideals of free speech do not have a lot of practical application in the setting of a board trying to accomplish something. I speak from the viewpoint of one who has been there, numerous times.

The point you make that a lot of business is transacted after meetings "in bars" is exactly what I am pointing out. The bitching and moaning by malcontents in those settings is EXACTLY the problem I am addressing. We have public meetings to express opinions, transact business, make decisions, etc., and we expect that business to be concluded at the end of the meeting, when the votes are tallyed.

In my experience some of the biggest headaches are caused by those on a board who sit there and say nothing until afterwards, then open their mouths. They are welcome to their free speech, but they end up contributing little to nothing to the process as a whole.

In order to "do his job" a board member should try to educate him or herself on what it is they are dealing with. This requires outside research, it also to a large degree is accomplished by the board members communicating with one another, sometimes at times and places outside the purview of a public meeting, to exchange ideas and information.

I really don't know how else to make this case to you who disagree. The adage "Walk a mile in their shoes" never had a better application than in this discussion.

And you know what? I don't know a single person on the school board here, I don't have a kid in school, and I never really cared what they did. I am just tired of this smug self-righteousness on display here from those who apparently don't care enough to be on a board themselves, but want only to pontificate about some imagined injustice.

So now what?

10:27 AM  
Anonymous Conservative Yahoo said...

Guess what?

I really don't think it matters.

Who is going to follow the members around and tell them to "shush" if they do happen to mention their opinion away from the "official" meeting? or will it be done a little more obviously with a fly swatter on the butt?

What can one elected board member do to another elected board member? public censure? fly swatter? Like that'll take the wind out of the offending sails. :-)

You can make all the rules/laws you want. If they aren't enforceble, why bother?

11:35 PM  
Anonymous Anonymous said...

Or will it be done by way of making things difficult for dissenting member(s) to do their work? Or will it be discouragement for other members when they may get an inkling to disagree?

Dig below the surface grasshopper.

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What should I tell my health care provider before I take this medicine?

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