free speech

Since April, The Batavian has been trying to understand the Alexander Central School District's policy related to free speech for members of the Board of Education.

After all this time, the district's attorney, Jennifer Schwartzott, told Robert Freeman yesterday, that the "one voice" policy or "Norm" does not prohibit school board members from expressing their personal views on matters of public interest. He is the executive director of the NYS Committee on Open Government.

How a policy that says board members must speak with one voice doesn't inhibit free speech for board members still isn't clear to us. We do know the policy has been used to shut down board members from answering questions from a reporter (see April 25 story) and that is has had a speech-chilling effect on school board candidates (see May 4 story).

Whatever fuller statement Schwartzott made to Freeman, she has never been willing to articulate clearly to The Batavian what her position is and how it differs from how "one voice" is being interpreted by Huber, the board, board candidates, and reporters. She wouldn't even make such a clear statement after being asked to do so in light of what Freeman shared with The Batavian.

When asked about it, she said, "Mr. Freeman correctly conveyed to you my opinion and the District’s opinion regarding speaking with 'one voice.' As for why you didn’t know that before having a conversation with him, I can’t speak for you or your understanding of my or Dr. Huber’s previous statements."

Here is Huber's May 15 statement:

The board should speak with one voice for several different reasons. The board by policy designates a spokesperson for the school district. We have that policy for you and I know that you've gathered those policies from other school districts as well and the board by policy has designated the superintendent as the spokesperson.

Our board has also gone a step further. Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice. They would speak with one voice on matters related to the school district. Board members individually don't have power on their own. They have power and they come together around the board table.

That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district.

So Huber states that district has a designated spokesperson but the board has "gone a step further," explaining the board agreed it would speak with "one voice." In fact, she states, "They would speak with one voice on matters related to the school district." Then she said that's not the same as the inability to express an opinion, but immediately walks back that statement by stating, "But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals."

As with Schwartzott, we have repeatedly asked Huber to make a plain, clear statement about individual board speech. She hasn't even acknowledged the emails.

We started asking Schwartzott to make a clear, unambiguous statement after she objected to our May 14 story, "Five school districts in Genesee County restrict speech for board members," stating that The Batavian misrepresented her views. Even in the comment she left on the story, however, she doesn't state clearly what her views are on the topic.

In emails about that article, she said it wasn't clear to her that the story we were working on was about the rights of individual members to express their personal views, yet in the response to our initial set of questions, she said, "Community members who are interested in what the local board members have to say can attend board meetings where the members discuss issues, share their opinions, and make decisions."

In other words, the only place the public can count on to find out what board members think is at meetings.

So, we're still waiting for a clear statement from Huber and Schwartzott about the ability of school board members to not "speak with one voice" but to speak individually as they see fit.