Lincoln Board of Education members got into an interesting — and sometimes heated — discussion recently about the rules governing how they should conduct themselves, how much power the board president should wield and whether board members can be sanctioned.
The discussion during last week's board meeting dealt with several proposed changes to existing policy, and the creation of a new board code of conduct.
Among the proposed changes in existing policy is language that says the president and vice president can remove board members “at will†from standing committees and temporary or ad hoc committees.
The proposed code of conduct covers a variety of issues and says board members can be sanctioned for violating them.
Don Mayhew characterized the changes as clarifying language in existing policies and a desire to follow best practices of other school boards, many of which have codes of conduct.
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But some board members — most notably Matt Schulte — raised concerns with several proposed changes, particularly giving the president and vice president power to remove board members from committees for any reason, because that's where much of the board's work happens.
“That moves the president from being a president to being what politically might be called a majority whip — someone who can make a move, make a change based on whatever they want,†Schulte said.
Mayhew, who worked on the policy changes with board member Connie Duncan before his term as president was up in May, said the intent wasn’t to silence minority opinion but offers a “consequence†for rogue board members.
While not mentioned specifically, the eye-raising drama surrounding the Omaha School Board in recent months comes to mind, with members sniping at one another publicly and privately regarding electing a president and hiring a superintendent.
“This is an attempt for there to be a little bit of a consequence if a board member is going to behave badly,†Mayhew said.
Barb Baier, who chairs the policy committee that recommended the changes, took issue with the concept of "rogue" board members and said the proposed changes need more work, possibly shifting power to make such changes to the full board.
“I think one person’s rogue member is another person’s advocate,†she said.
Later in the meeting, Mayhew clarified his comments.
“The intent of this policy is not to silence minority opinion or to punish someone for having an opinion or for taking a position or being an advocate,†Mayhew said. “It is the idea of someone breaking our policies. They are our agreement for how we will work together, (and) if someone is breaking those policies having a consequence for that.â€
He noted the full board can change any decision by the president — and that the president is the one who makes the committee appointments each year.Â
“If you’re really truly worried about your being on the outs with the president I think you should try to repair your relationship with the president, because ultimately he or she could just not appoint you to any committees the following year.â€
One of the bullet points in the code of conduct requires that board members make clear their comments and opinions outside the boardroom don't represent the board or district — an issue that arose with Schulte in January.
He joined a coalition advocating for property tax relief and spoke at a news conference, upsetting some board members who said they got calls wondering if his comments represented the board or Lincoln Public Schools.Â
And Schulte has been the sole dissenter on several board votes, especially those dealing with fiscal issues.Â
While Schulte said he’s worried the proposed changes could be used to “stifle someone with the outlying opinion†he stressed that has not been his experience with his fellow board members. But it opens the door for abuse on future boards, he said.
Board member Annie Mumgaard pointed out the code of conduct doesn’t specify possible sanctions against a board member or who would impose them.
Baier said in a later interview that possible sanctions are among the things the committee will address when it revisits the policies. Mayhew and Duncan are the other policy committee members.