Board Panel Committee February 12, 2009

[Diane Blevins]

Proceedings of the Board of Trustees

District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

February 12, 2009

 

CALL TO ORDER

 

The Board Panel Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana, and High School District, Yellowstone County, Montana, was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, February 12, 2009, at 12:00 p.m.

 

Those present included Trustees Mary Jo Fox, Malcolm Goodrich, Joel Guthals, District Clerk Leo Hudetz, and Jerry Hansen.

 

POLICY 1700 COMPLAINT

 

Trustee Guthals stated a panel of three trustees were appointed by the Board of Trustees at the January 19, 2009 Board meeting in order to hear a Policy 1700 complaint filed by Jerry Hansen. Mr. Hansen has waived his right to privacy and the meeting was being held in open session. Trustee Guthals explained the procedure that would be followed at the hearing: Mr. Hansen will address the panel about his complaint and the relief that he seeks, the panel members will then ask questions of Mr. Hansen about his complaint and request relief, the panel members will then deliberate in open session and then reach a decision in the form of a motion with recommendations to the Board.

 

Mr. Hansen explained his reasons for the complaint and the relief sought. At the December 15, 2008 Board of Trustees meeting, people addressing the Board during the Communication from the Public were told by the Chair they would be limited to two minutes. Mr. Hansen did not feel the Chair had the right to give a time limit. He stated he was the only one who was cut short even though two others went over two minutes. Mr. Hansen placed a full ad in the next Sunday’s Billings Gazette with his full comments from the December 15th meeting. Mr. Hansen requested the Chair be sanctioned.

 

Trustee Goodrich asked how many people made public comments at the December 15th meeting. Mr. Hansen replied there were six, himself, Jeff Greenfield, and four addressing Highland Elementary School. Trustee Goodrich asked Mr. Hansen if he informed the Chair how long his presentation would take. Mr. Hansen stated he did not.

 

Trustee Fox asked Mr. Hansen if he knew his presentation would take three minutes. Mr. Hansen stated he did. Ms. Fox asked if, in the past, he had heard the Chair report that people would be held to two minutes. Mr. Hansen replied maybe once or twice but never with this current Board. Trustee Fox asked if he requested time to continue. Mr. Hansen stated he did not as he was shocked and angry.

 

Trustee Goodrich asked if the December 15th agenda was long. Mr. Hansen reported it was a 3 ½ hour meeting. Trustee Goodrich asked if Mr. Hansen was interrupted while reading his statement. Mr. Hansen replied he was.

 

Trustee Guthals asked Mr. Hansen if he had appeared before the City Council. Mr. Hansen replied he had on one occasion and was prepared for a three minute statement. He felt, if there is to be a time limit, it should be in policy. Policy 1441 does not have a time limit and Mr. Hansen felt that the Chair does not have the ability to set time limits. He believed the Chair has the ability to limit or terminate comments if they stray from the agenda. Trustee Guthals asked if a limit be added to policy to set a minimum time limit that people can speak. Mr. Hansen suggested a time line of 3-5 minutes.

 

Trustee Fox felt the Chair acted within her rights to control public comment which can be done. She suggested Mr. Hansen should request extra time if he goes beyond two minutes. Trustee Fox stated she did not oppose a time limit. Trustee Goodrich believed the public has a right to comment but there is a need to be able to control the meeting. He did not feel the Chair should be sanctioned. Trustee Goodrich further stated he believed a time limit in policy would be possible but there needs to be some flexibility. He felt there should be a maximum of 3-5 minutes. Trustee Goodrich suggested there be some sort of consistency (applied standard) when people speak but the Chair may have to allow more time as he or she believes it is fair for people to know how much time they will have before coming to the meeting.

 

Trustee Guthals read MCA 2-3-103 regarding public participation. He reported he has searched for court decisions but found none that analyzed the time limit by the Chair. He has been to many meetings where the Chair has held people to two minutes. Chair Kelker has followed that time limit at many meetings. Trustee Guthals read a portion of Policy 1441 which states the Chair has the authority to limit public comments. It is very important the Board give the public the opportunity to participate. Trustee Guthals believed Mr. Hansen’s comments to the Board in the past have been well prepared, helpful, and meaningful. The Board and staff may not agree with his comments but he has provided helpful information to the Board. He did not feel there was reason to sanction the Chair but could make a recommendation that Policy 1441 be sent to the Policy Review Committee to review and make changes so that a time limit could be imposed. If the Policy Review Committee feels the change needs to be made, it would come before the Board for approval.

 

Trustee Goodrich made the following motion:

 

Motion that the committee recommend to the Board that Policy 1441 be changed to include a prescribed time limit and suggest 3-5 minutes, that the information be communicated to the general public on the ‘request to address the Board’ form, and also give members of the general public the opportunity to seek additional time at which time the Chair can make a ruling and the Board can determine if that ruling is appropriate or not.

 

Trustee Fox voiced a concern that some power is being taken away from the Chair by this motion. The motion was not seconded.

 

Trustee Guthals asked Mr. Hansen if he could be at the Policy Review Committee meeting when Policy 1441 is addressed. Mr. Hansen stated he would attend the meeting and that he liked the idea of a time limit but wanted it to be consistent. Mr. Hansen withdrew his request to sanction the Chair. It was further suggested that the wording should be a maximum speaking time of three minutes.

 

Trustee Guthals stated that the panel should recommend that the maximum time limit of three minutes be imposed in Policy 1441 and that the matter should be reviewed by the Policy Review Committee. He stated that the panel should find that there is cause to review Policy 1441 to provide a sufficient time limit by the general public in that regard during public comment. Trustee Guthals stated that the panel should find that it heard Mr. Hansen’s complaint regarding the December 15th meeting, that Mr. Hansen at the hearing, withdrew his request to have the Chair sanctioned due to limiting his time to speak during the January 19, 2009 Board meeting Communication from the Public, and that the panel should find that the Chair’s limitation of Mr. Hansen’s comments were in compliance with Policy 1441.

 

Trustee Goodrich made the following motion with a second by Trustee Fox:

 

The findings suggested by Trustee Guthals are adopted. The panel shall recommend that Policy 1441 be reviewed to provide for a sufficient time limit by the general public and in that regard, this committee recommends a time period of 3-5 minutes with the final determination by the Policy Review Committee, the ‘request to address the Board’ form should have that time limit on it, the form should also have a box to be checked if that person is requesting additional time and how much time. An allotment of additional time would be left up to the Chair.

 

Trustee Goodrich stated the Policy Review Committee should come up with a specific number of minutes for the limit. Those voting in favor were Mary Jo Fox, Malcolm Goodrich, and Joel Guthals. The motion passed unanimously. Trustee Guthals stated that Mr. Hansen should be invited to the Policy Review Committee meeting. Mr. Hansen agreed to attend the Policy Review Committee meeting to discuss changes to Policy 1441. Mr. Hudetz granted an extension for the formal response to the Policy 1700 complaint for 14 days. Mr. Hansen stated that was acceptable.

 

Trustee Goodrich made the following motion with a second by Trustee Fox:

 

Motion to adjourn.

 

Those voting in favor were Mary Jo Fox, Malcolm Goodrich, and Joel Guthals. The motion passed unanimously.

 

The meeting adjourned at 1:05 p.m.

 

 

 

Joel Guthals, Chair

 

 

 

Diane Blevins, Recorder