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Superintendent attacks audience member by name


Guest Trifacto

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I was at a School Board meeting tonight and about halfway through the Superintendent started attacking an audience member by name. A member of the Board also said the audience member's name. (The audience member had presented an accepted petition which was being discussed.)

When the audience member tried to respond, after they were named several times and called a liar, etc, the President of the School Board said that they may not speak and had no right to respond. 

 

Is this correct?

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9 hours ago, Guest Trifacto said:

I was at a School Board meeting tonight and about halfway through the Superintendent started attacking an audience member by name. A member of the Board also said the audience member's name. (The audience member had presented an accepted petition which was being discussed.)

When the audience member tried to respond, after they were named several times and called a liar, etc, the President of the School Board said that they may not speak and had no right to respond. 

Is this correct?

So far as the rules of RONR are concerned, the President is correct. Only members of the school board have any rights to speak at a meeting of the school board. Nonmembers have no rights in this regard.

If persons who are not members of the school board have any right to speak at board meetings, such rights would be found in the rules of the school board or in applicable law.

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16 hours ago, Guest Trifacto said:

When the audience member tried to respond, after they were named several times and called a liar, etc, the President of the School Board said that they may not speak and had no right to respond. 

Is this correct?

 

6 hours ago, Josh Martin said:

If persons who are not members of the school board have any right to speak at board meetings, such rights would be found in the rules of the school board or in applicable law.

And if the school board is an elected public body, that applicable law may include the First Amendment to the Constitution.

I know of one case in New Jersey where a parent would come to school board meetings every two weeks and speak on the topic of his daughter's participation on the swim team, or something similar.  He would basically say the same thing every time, and the board got tired of it and refused to recognize him or would cut him off as soon as he started to speak, saying they had heard it all before and that he was wasting their time.  He filed suit that the "government" had unlawfully abridged his right to free speech, and ended up with enough cash to buy his own pool.  I'm no lawyer and this isn't legal advice, but I know the case is recited to school boards as a cautionary tale.

In your situation, the rules would probably allow you to raise your issue again at the next meeting.  Do a little research to learn the the board's rules such as time limits for public comment, what the state's Sunshine Laws have to say that's applicable, and you'll be better prepared next time.  You may find that the rules will help you in some ways and frustrate you in other ways.

 

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