At tonight’s meeting, I moved to add an item to our next meeting agenda to consider repealing Board Governance Policy 3d(2)(c)—the district policy that prohibits board members from expressing “individual negative judgments” about the superintendent. For reasons I discuss more fully here, this policy is plainly an unconstitutional restriction on speech. Three board members (Chris Lynch, Brian Kirschling, and LaTasha DeLoach) of the six present were against even discussing the issue, so the motion to put it on the agenda failed.
The policy is an embarrassment to the district. It is also yet another legal compliance issue. It also serves to chill speech on legitimate subjects of public debate—the kind of speech that is a necessary ingredient of good decision-making. What is the objection to discussing its repeal?