2010-05-19 / Front Page

Director claims his rights are threatened

By David Hart Irregular Staff

Phillips resident and MSAD #58 school board director Alan Morse airs concerns to the town’s selectmen last Tuesday, May 10. (David Hart photo) Phillips resident and MSAD #58 school board director Alan Morse airs concerns to the town’s selectmen last Tuesday, May 10. (David Hart photo) PHILLIPS — “What are the roles and responsibilities of a school board director?” This question, along with many others, was posed and discussed at a meeting of the Phillips Selectmen last Tuesday, May 10.

After regular municipal business was addressed that evening, Phillips resident and MSAD #58 school board director Alan Morse was present to discuss a concern he had.

Morse said he was threatened by district leadership in a recent executive session and wanted to reveal this and other concerns he has about district leadership.

“I came here tonight because I have a serious concern about an incident that happened last Thursday,” Morse said.

“At the end of the board meeting on Thursday, the superintendent and board chair cleared the room for an executive session and basically threatened me, (saying) that I would be banned from the schools if I continue talking to people.”

Morse has been appointed and/or elected to the board, off and on for 17 years dating back to 1993.

“I take my responsibilities seriously. I am on the board to represent the town. The only way I can do that is by having free access to information about the schools. If my information is limited then my ability to perform my job for the town is limited,” he explained.

In a written statement developed and distributed later, Morse wrote, “Last winter I became increasingly disturbed that virtually all information passing to and from the board is funneled through one individual, the superintendent. While he certainly does have the best overview of district operations, his is not the only viewpoint that should be considered. That’s why we have a board... and a democracy,” Morse wrote.

“They (board chairman Mike Pond and Clark) have actually contacted the school lawyers already and then threatened me in the meeting. I have not done anything wrong and I’m not going to stop talking to people,” Morse said.

Morse explained that Pond presented members that evening a three-page memorandum from attorney Bruce W. Smith of Drummond Woodson. The memo described the roles of school board members and the superintendent. Attached was a forwarded email that Morse sent to two teachers. The email, which was intercepted or forwarded, had the recipients names blacked out. Morse explained that the email was part of an ongoing communication with these teachers, and was encouragement for them to contact other board members regarding an upcoming board discussion about a shift in administration. The email encouraged them to speak on behalf of the issues.

Pond who was taking the lead on the issue, Morse said, explained that they’ll pur- sue this issue further with attorneys should he continue meeting with the staff. “That’s where it stands,” Morse said last Tuesday, May 10.

“I am not going to roll over and play dead and not going to not talk about it. I know what my rights are and I know what my job is and I’m going to do it.”

The executive session was announced as a “personnel matter.” In a phone conservation last week, Clark said the permitted deliberation of executive session fell under M.R.S.A. subsection 405 6. A. 1.

Under this provision of the law it states that executive session may be held if “public discussion could be reasonably expected to cause damage to the reputation or the individual right to privacy would be violated.”

“I feel free to tell anybody in the world that they’re threatening me. I feel I do not need to be confidential about that,” Morse said. He explained he wished he exercised his right to bring the public back in that night, after he heard the session was about him.

Attorney Smith responded to Pond’s legal request by outlining the roles and responsibilities of the superintendent and board members.

Clearly, he stated, the superintendent and administrators have control over teachers and day-to-day operations, and that it’s not the role of a board member to interfere.

“In addition to understanding the distinct roles of the board and the superintendent, both the board and the superintendent should understand that individual members of the board, outside of a duly convened board meeting, have no greater authority than any other members of the public,” Smith said.

“In addition,” Smith wrote, “individual board members acting on their own are legally responsible for their own actions.”

Smith explained that board members should not deal directly with employees and vice versa with regard to employment issues or the conduct of management. This is undermining the superintendent or principal.

“They are alleging that by me talking to people, I’m somehow interfering with the chain of command in the school system,” Morse told selectmen. “Clearly in the law it gives superintendents and administrators of the school the responsibility for directing teachers. Obviously in the 17 years I’ve learned I can’t do that. I would never think of doing that and have never done that, but I do feel I need to have clear access to teachers, administrators, parents or anybody who needs to come to me or I want to talk to.”

Smith explained that board members should not be restricted in their participation in school-based activities or interaction with staff any more than would a parent or interested member of the public be restricted. “I am not suggesting that school board members should not communicate with employees, but they should not do so in any official capacity (unless expressly delegated by the full board to do so) and that staff members should not bring grievances or confidential information directly to board members,” Smith explained.

Morse told selectmen he talks about a range of subjects from curriculum to changes that have happened this year and the potential direction of what’s ahead.

“In 17 years, I’m very aware of what my job is and what my limitations are. I am not representing myself as representing the board or having any kind of command or control of what happens at the school. I’m just there to talk to people so that I can do my job better and I feel I’m being prevented from doing that.”

Morse said he’s been talking to people and staff more so now than in the past and has encouraged other board members to do so. The increased communication has to do with important issues facing the district.

“There has been way too little communication between board members and staff. I was slapped on the hand in front of the other board members as a means of discouraging them. This is an attempt to channel all information through a single person and I think that’s wrong, I really do and that’s why I came to you guys,” Morse told selectmen.

Clark said he could not speak about the specifics of the executive session due to his obligation to privacy.

He did say, “This disagreement comes down to what’s the proper role of a school board member.”

Clark said that Morse has spent considerable time speaking to staff members and said there are nine members of the school board who all have varying opinions over issues. Clark asked the rhetorical question, “what if all nine came to the school for such lengthy discussions?”

“I will tell you that the school board will ask Maine School Management to come up and do a workshop for the entire board in July,” Clark said.

“In some ways, school board members have more responsibilities of their accountability because of their status as a voting member of the school board,” Clark explained.

He stated that although some may understand that a school board member has no authority while outside of a school board meeting and should be perceived as a general member of the public, others may be intimidated by their role of power as an elected director.

The Phillips Selectmen demonstrated concern over the issue, but took no action that evening.

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