The full text of Louis Mitchell’s email
February 26th, 2010 by marietta nelsonWarning: constant() [function.constant]: Couldn't find constant TT_TH8US_LEN in /home/psblogs/public_html/wp-content/plugins/tweet-this/tweet-this.php on line 1821
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From: Louis Mitchell
Sent: Tuesday January 05, 2010 1:08 p.m.
To: Flip Herndon
Subject: FW: Communication between members of a governing body outside of a meeting
Importance: High
Flip,
It has come to my attention that a Board member is attempting to contact me to discuss the Board business outside of a public meeting. I do not engage in emailing or calling Board members directly and have only accepted a call from a seated Board member once in recent years. The call served to reaffirm my strict adherence to the Open Public Meetings Act.
On December 11, 2009, Mr. Scott Rahm called me and engaged me in a 2 hour and33 minute conversation in which he stated he had direct conversations with a quorum of the Board (Mr. Boynton and Ms. Perkins) – prior to the December 10, 2009 Board meeting - to discuss the nomination process (and by extension vote) for Board leadership. I informed Mr. Rahm that his actions have just taken the Bremerton School District “two steps backward.” This egregious violation of the Open Public Meetings Act (OPMA) in which discussion among a quorum occurred to set, predetermine, influence and/or arrange a public nomination and vote is reprehensible and an affront to the laws and procedures we are sworn to uphold. Although we have new faces, it seems we again are confronted with old behaviors.
Sidebar discussions of a quorum of the Board to discuss votes may constitute an “action” as defined by RCW Sec. 42 and undermines public trust, open communications and foments distrust among the Board. I have attached one of the many opinions from the Washington State Attorney General’s Office to elucidate the issue. Whereas communication may occur between two members of a governing body, one cannot be assured of confidentiality between other governing members as emails – and conversations – have been shared among a quorum in the past. The best insurance against OPMA violations is to not engage is (sic) such communications to begin with.
Although I am willing to consider the actions of the three new Board members as ignorance of the law, I have determined that until such a time as the new members participate in a study session on the OPMA and come to consensus on their obligations under the law, engaging them in direct communication outside of public meetings is not in the best interests of school district governance and will not build public communication and trust. The only way to build communication and trust – as the three new members have stated is their focus – is to set in place policies that restrict such communications to open public meetings, and eliminate policy promoting gatekeeper authority over individual Board members. In light of Mr. Rahm’s revelations, I have amended my previous email disclaimer to include conversations.
Regards,
Louis Mitchell - Bremerton School Board Director
DISCLAIMER
In order to observe strict compliance with the Open Public Meetings Act, I do not authorize the forwarding of this email to any Bremerton School Board Director, nor will I send or accept direct emails or conversations from Bremerton School Board Members.
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