Dear Fellow School Committee Members,
In the closing moments of our June 23 Joint School Committee meeting, the Regional
Committee Chair announced that “....Over the summertime we are going to be engaging
in mediation” with the local chapter of the NAACP. He did not say why mediation was
necessary or what it was about. This topic had never been discussed by the committee in
either a previous public meeting or an executive session. Nor had it been included on the
publicly posted June 23" agenda. And so when it was brought up by the chair right
before adjournment of our business meeting, I was completely unprepared to ask for
further clarification and discussion.
In the days that followed, I decided to email the entire committee to recommend that we
have the kind of public discussion that we did not have on June 23". I wanted to be sure
that each member of our elected body gained the information they needed to have an
informed and thorough deliberation of the subject, and the time to take any and all
necessary votes in a legally prescribed manner. I therefore sent the following email on
July 7",
Dear Fellow School Committee Members,
At our last School Committee meeting, our chair made a brief comment at theend of the meeting that I would like to refer to now, in this email. He stated that
he was going "into mediation" with the NAACP. No Committee member
commented on this statement at the time. | take responsibility for my own action
It was the end of a long meeting and | wish | had been thinking faster on my feet,
because upon reflection, there are several things | should have said as a
responsible Committee member. The first of which is, "what mediation are you
talking about? " "What is the purpose of the mediation?" "What is the advice of
our legal counsel?" and finally "What process has been taken to hire a mediator
and does it comply with required procurement standards?”
As we are all well aware, no decisions of this type can or should be made
without full Committee participation and vote. | have attached our policy below
which states quite clearly that no individual can act on behalf of the Committee
without the Committee authorizing such action. Certainly this includes mediating
on behalf of the Committee. The full Committee is the authorizing body and
should have full knowledge about the content of the mediation and be in majority
agreement about the position the Schoo! Committee would like to take in such a
mediation.
At this point it is my understanding that we haven't addressed any of these
issues, so therefore, no such mediation should occur. | would request of the
Chair that he answer these questions for the Committee as soon as possibleand organize a discussion and vote of the full body prior to any action being
taken on behaif of the Committee.
Best,
Katherine
In response to my July 7 communication, Ms Douangmany Cage, a fellow committee
member, filed an Open Meeting Law complaint against me and thus against this entire
body. She contends that my request for an additional meeting to discuss mediation
expressed an opinion via email and thus violated Open Meeting Law (G.L.30A section
20).
I do not believe I violated Open Meeting Law. Rather, I was attempting to ensure that
our chair and committee follow the law and district policy. My purpose was to call for a
public meeting about a specific agenda item, the sort of scheduling information that I
understood to be exempt from the statutory definition of “deliberation.” (See G.L. 30A.
section 18). I believe my email carefully indicated my understanding not my opinion
that our chair gould very likely be legally compromising the district and the Regional
School Committee. Indeed, had we not met again for a public discussion of possible
mediation it would have certainly been a serious violation of law and policy. I wassimply requesting more information from the chair, as well as a public discussion and, if
necessary, a recorded vote by the entire committee.
However, if the Office of the Attorney General decides that my email constituted an
expression of opinion on public business within our jurisdiction and thereby violated
Open Meeting Law, I will stand admonished.
EE ee eee eee
But consider this: what do you believe is a greater concern to this committee and our
community (A) that our chair had apparently decided to enter into behind closed door
discussions and a potentially binding agreement on behalf of the district and the School
Committee regarding matters to which the School Committee and the public were not
privy or (B) My suggestion that we discuss things beforehand in a legally posted
business meeting? I respectfully suggest that the answer is (A) and that it is far more
disturbing that our chair would act unilaterally.
[Siac ainnfisonr TES ar SAR) LCOS Rat STE
1am also disappointed that a fellow School Committee member chose to file an Open
Meeting Law complaint rather than to reach out to me personally with her concerns.
This lack of a collaborative spirit does not advance the interests of students, it only
perpetuates adult politics above the needs of our kids and signals skewed priorities. It is
my continued hope that this current School Committee can focus more fully on our jobs
as elected officials whose charge it is to work together to improve public education forall our students.
As we go forward we should be constantly mindful of what is in the best interest of our
students, the public and the committee.
Thank you for your time and attention.