2009Editorial Writing

Keeping the school board zipped up

OUR VIEW: Silencing of board members violates first amendment rights.
By: 
Mark Mahoney
December 10, 2008;
Page A4

Melissa Thomas, Laura Danna, Brian Lace, Linda Baker-Marcella, John MicGlire, Dean Moore, Richelene Morey, Alan Smith.

These are the names of the eight rank-and-file members of the Warrensburg Board of Education.

But if you run into one of them on the street and have a question about any school related issues, don't bother asking it. Their lips are sealed. If you're looking in the paper to find out these board members' positions on pressing matters like potential budget cuts or teacher contracts or property taxes, you'll be wasting your time. Reporters can ask them questions, but they won't be answering.

In what amounts to an assault on both the First Amendment and the democratic process, the Warrensburg school board has established a gag order in which only the school board president, Tom Yarmowich, is allowed to speak to the press or the public on school-related issues outside of meetings. The only time board members can comment outside of a meeting is if they first get permission from the rest of the board.

That means if you're a taxpayer and you walk up to a Warrensburg school board member and say, "What are you doing to cut my taxes?" or, "Why doesn't the school offer more advanced placement classes for seniors?" or, "Do you support reopening the teachers' contract?" or, "Why did you fire that coach?," the answer is going to be a curt, "I'm not allowed to comment; you'll have to talk to the school board president."

If you're a board member who's against the direction the majority of the board is taking on contracts or programs, you are not allowed, under this rule, to express that viewpoint outside of a meeting. And you probably ought to keep your mouth shut during the meeting as well.

On Monday night, the board's vice president reiterated the year-old rule for board members and the public. So what exactly precipitated this not-so-friendly reminder? Perhaps it was the fact that some members of the school board and the teachers union are upset with comments made last week by two board members regarding cuts to the school budget. Recently, the head of the school board's budget committee, Ms. Baker-Marcella, suggested the board must cut 10 percent of its budget in order to spare taxpayers the brunt of the governor's projected state aid cuts. Another board member, Ms. Morey, said that to save money, the board should consider asking teachers to reopen negotiations on 2005's four-year contract extension.

Whenever board members shoot off their mouths like this, they tend to attract unwelcome media coverage and stir up the rowdies who disrupt meetings complaining about their tax bills. So the best way to avoid that situation, according to the Warrensburg school board, is to take away the board members' right to speak.

To the eight of you on the list at the top of this editorial: Is this why you ran for the school board -- to allow others to neuter your opinions in the name of faux unity? When you ran for office, did you really intend to agree to have your opinion subverted in order to placate the community's most outspoken citizens? Do you really think you're serving the people who voted for you by saying "no comment" every time a constituent asks you a legitimate question?

School board members are elected government officials who establish the local policy for the education of our children. They also administer the largest portion of your property tax bill, more than 60 percent. Any board that attempts to silence its members is not only silencing the segment of the population that agrees with them, but also the individuals who might have risen to debate them.

Not only does this rule run counter to the First Amendment, it's not even practical. The rule covers all meetings of the school board, even committee meetings. But if the president doesn't happen to attend any of those meetings, how can he comment on what went on? Shouldn't the public be able to hear from the actual participants?

Secondly, there is no law anywhere prohibiting school board members from commenting on all but the most sensitive personal matters involving staff or students. Contrary to what they might tell you, public officials are free to comment on what goes on in contract negotiations, during closed-door executive sessions, in sidebar conversations and in e-mail exchanges. Boards might try to silence free speech, but the law simply doesn't exist to support them.

And finally, what happens to a school board member who breaks the rule? They're elected. The board can't kick them off, and it can't legitimately take any action against them. Board members don't leave their First Amendment rights at the school board's door. So this rule is completely unenforceable.

Healthy debate is not only good for democracy; it's essential.

Any school board that gags its own members is doing a disservice to itself, the voters, the taxpayers, and ultimately, to the cause of education in the community.


Local editorials represent the opinion of The Post-Star editorial board, which consists of Publisher Rick Emanuel, Editor Ken Tingley, Editorial Page Editor Mark Mahoney and citizen representative Robin Temple.