By Marty Benson
The following statement was read at the School Committee meeting on May 4, 2023.
First, the behavior of the previous Chair at the last School Committee meeting was out of order and not compatible with a democratic approach to local government. During the public comment period following the ongoing discussion regarding academic leveling, the Chair interrupted and threatened a speaker and anyone else who opposed these reforms. This past year, the former Chair implemented and enforced a rule that all comments during public comment sessions must be “civil”. This rule provided her the ability to interrupt and silence anyone expressing an opposing viewpoint. This past March, the Supreme Judicial Court of Massachusetts ruled in Barron v. Kolenda, that, “Under both arts. 19 and 16, such civility restraints on the content of speech at a public comment session in a public meeting are forbidden.” Thus, the chair’s practice was illegal. As the attorney who represented the plaintiffs in the Barron case sits on this very board, there is simply no excuse for this board to continue violating the free speech rights of the public.
Secondly, during the School Committee’s October 15, 2020 meeting this board voted to illegally retire the Colonial mascot in direct violation of the District’s naming policy. Throughout the meeting the current acting chair (McKinley) was seen engaging in text message communications with two other committee members while she was chairing the meeting. This was later confirmed in writing by the School District’s attorney. Thus, these text messages are considered public records.
On November 5, 2020, I submitted a records request to the District seeking these text messages. For over two years, the School District and its law firm fought the release of these public records. Despite engaging in dilatory tactics, the School District’s attorney stated assuringly in a letter, “School Committee members have been advised to preserve their personal records in light of an instant appeal.” However, when the School District could no longer defend the withholding of these public records, the District acknowledged to the Secretary of State that members were no longer in possession of the text messages. This despite assurances that School Committee members would maintain these records in accordance with the law. The School District included a written admission from Ms. McKinley that she had recently deleted the records which is a crime under Massachusetts General Law.
These deleted text messages are likely still recoverable though it will require extensive legal proceedings which the School District will likely obstruct. It’s not right that this board continues to cut programs, staff, and services, while concurrently providing unlimited funding for legal services intended to impede adherence to the public records law. In the fall of 2020, this board voted to authorize unlimited spending on legal services in response to records requests and an Open Meeting Law complaint. During the discussion Superintendent Light estimated the price would be around $1000 dollars. The total cost the District has spent on legal fees far exceeds the quoted price. Further the District has provided incomplete responses to inquiries regarding this matter.
Hopefully, the newly elected members from Acton and those to be elected from Boxborough will provide a much needed change of direction from what we have seen over the past two years.
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