The below letter was sent to the DMUSD on March 11, signed by over 100 community members, requesting that Katherine White be censured for her comments in the Voice of San Diego article, Del Mar's Missing Money, Mysterious Politics.
This issue is on the agenda for the March 26 Board Meeting.
March 11, 2008
The Office of the Superintendent
Del Mar Union School District
225 9th Street
Del Mar, CA 92014
Re: Agenda item for March 26, 2008 Board of Trustees meeting
We request that the Board of Trustees consider disciplinary action against Board Member Katherine White because of possible violations of Board Bylaws due to her inappropriate and offensive public comments in Ian S. Port's article in the voiceofsandiego.org on 2/19/08 titled Del Mar's Missing Money, Mysterious Politics. Her quote from the article is as follows:
School board member Katherine White said the circumstances -- the leak of an embarrassing story when only a few knew about it -- "are something. "
"I didn't read about it in the paper when there was a principal drunk in a school event," White said. "And I didn't read in the paper when a school employee was using drugs on campus. And I don't read about the principal that screams at his employees. And I don't read about the other thefts that have happened in the schools this year ... I don't understand what makes this such a reportable event when those other things I've never even been officially told about."
We believe Ms. White's comments violate the following Board Bylaws (see attached):
Board Bylaw 9005: GOVERNMENT STANDARDS
Board Bylaw 9011: DISCLOSURE OF CONFIDENTIAL / PRIVILEGED INFORMATION
Please include this request as an agenda item for the March 26, 2008 Board of Trustees meeting.
Sincerely,
Concerned Citizens of the Del Mar Union School District
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Caryn Anderton Ed Arevalo Jennifer Arevalo John Arnold April Barduson Ted Barduson Doug Bell Kathy Bell Shelly Bingham Anne Boucher Toby Boucher Brian Burgoon Wendy Burgoon Ian Byrne Stacey Byrne D J Carney Theresa Carter Tracey Chester Tonya Cohen Blake Colburn Jill Colburn Pamela Covingnou Phillippe Covingnou Sally DeVito Charles Doherty Lisa Doherty Ed Domanico Susan Domanico Kim Dort George Duff Kathy Duff Jennifer Eastlack Robert Eastlack Bill Eiffert Adrienne Espinoza Bill Fanning Debbie Fanning Bill Farrell Mary Farrell Brian Ffrench Katie Ffrench Pat Freeman Richard Freeman |
Noelle Gately Becky Giacalone Joe Giacalone Dean Gilbert Charles Gilbreth Maria Gilbreth Mary Jo Gleeson Terri Harbison Janet Henzel Rae Nell Hicks Richard Hicks Leslie Hodge Eileen Hoppen Chris Howe Erin How Bob Husband Sue Husband Thanh Huyen Cathy Ingrassia Joe Ingrassia Bret Johnsen Catherine Johnsen Bruce Kahn Janet Kahn Amir Kalali Denise Kalali J D Katzin Margaret Katzin Monica Kiy Richard Kiy Kristen Low Elizabeth Mackey Michael Mackey Mario Manzano Svetlana Maric Svetislav Maric Gina Maruska Keith Maruska Kelly Mauzey Beverly McGinty Nadia Merk Christina Mendelsohn Dan Mendelsohn |
Ellen Mitgang Steve Mitgang Bill Morgan Gretchen Morgan Ken Morris Catherine Murano Carl Murano Andrew Murphy Jeanine Neeley Scott Neeley Joan Nichols Martin Nichols Terri O'Brien Maria Olson Myra Pelowski Rina Poplawski Sergio Poplawski Lawrence Poteet Ravindra Prabu Arthur Regottaz Debbie Regottaz Comischell Rodriguez Roberto Rodriguez Cristina Rusconi Sheri Salameh Tamer Salameh Cathy Scheg Timothy Scheg David Silva Laura Silva Mary Taylor Kiim Tieman Pat Tieman Joan Tyson Ulisse Vicinanza Christina Wachs Steven Wachs Jason Walton Kristen Walton Nancy Wheeler Chris Wood Stephanie Wood |
March 19, 2008
From:
Subject:
Janet Bernard, Interim Superintendent
Board Discussion, Possible Violations of Board Bylaws
On March 11, 2008, the administration received a letter from the Concerned Citizens of the Del Mar Union School District. (Attachment A) This letter requested that the "Board of Trustees consider disciplinary action against Board Member Katherine White because of possible violations of Board Bylaws." The Concerned Citizens group cited the following two Board Bylaws that may have been violated:
- Board Bylaw 9005: Governance Standards
- Board Bylaw 9011: Disclosure of Confidential/Privileged Information
Copies of both of these Bylaws are attached. (Attachments B & C)
After conducting a review of personnel records, the administration found no evidence to indicate that any of the alleged comments made by Member White were documented. Therefore, the alleged remarks could not be considered a breach of confidential or privileged information as outlined in Bylaws 9005 and 90 II. Rather, the comments could only be perceived as an opinion based on hearsay and innuendo.
Board Bylaw 9010: Public Statements (Attachment D) could be used by the Board to determine if a violation occurred. This Bylaw states the following:
The Governing Board recognizes the rights of Board members to freely express their views and encourages open discussion of issues during the Board meeting. The Board believes that effective Board members have a responsibility to express themselves, whether in agreement or disagreement with the Board majority, in ways that promote the Board's ability to govern the district.
Guiding question for the discussion: Were the alleged public statements by Board Member White expressed in a manner that would promote the Board's ability to govern the District?
Board Bylaw 9010 further states:
When speaking to community groups, the media, or other members of the public, individual Board members should recognize that their statements may be perceived as reflecting their views and positions of the Board. Board members have a responsibility to identify personal viewpoints as such and not as a viewpoint of the Board.
Guiding questions for the discussion: Could the alleged comments possibly be perceived as a viewpoint of all Board members? Did the Board member specifically identify the comments as a personal viewpoint?
RECOMMENDED:
The Interim Superintendent recommends that the Board discuss whether or not Board Bylaw 9010 was violated and determine what action, if any, should be taken.
DEL MAR UNION SCHOOL DISTRICT
Bylaws/Administrative Regulations of the Board
Board Bylaw 9005: GOVERNANCE STANDARDS
Board Responsibility to Community
A Governing Board Member should honor the high responsibility which Board membership demands:
- BY thinking always in tenus of "children fIrst."
- BY understanding that the basic function of the School Board member is "policy making" and not "administrative," and by accepting the responsibility of learning to intelligently discriminate between these two functions.
- BY accepting the responsibility along with fellow Board members of seeing that the maximum facilities and resources are provided for the proper functioning of the schools.
- BY refusing to "play politics" in either the traditional partisan, or in any petty sense.
- BY representing at all times the entire school community.
- BY accepting the responsibility of becoming well informed concerning the duties of Board members, and the proper functions of public schools.
- BY recognizing responsibility as a state offIcial to seek the improvement of education throughout the state.
A Governing Board Member should meet his/her responsibilities to the community:
- BY attempting to appraise fairly both the present and future educational needs of the community.
- BY regarding it as a major responsibility of the Board to interpret the aims and the methods of the schools to the community.
- BY insisting that all school business transactions be on an open, ethical, and aboveboard basis.
- BY vigorously seeking adequate financial support for the schools.
- BY refusing to discuss personnel matters or any other confidential business of the Board outside of an official Board meeting.
A Governing Board member should respect relationships with other members of the Board.
- BY recognizing that authority rests only with the Board in official meetings, and that the individual member has no legal status to bind the Board outside of such meetings.
- BY recognizing that integrity of his/her predecessors and associates, and the merit of their work.
- BY refusing to make statements or promises as to how the member will vote on a matter, which should properly come before the Board as a whole.
- BY making decisions only after all facts bearing on a question have been presented and discussed.
- BY respecting the opinion of others and by graciously conforming to the principle of majority rules.
Board - Superintendent Relationship
A Governing Board member should maintain desirable relations with the Superintendent of schools and staff:
- BY striving to procure, when the vacancy exists, the best professional leader available for the head administrative post.
- BY giving the Superintendent full administrative authority for properly discharging the Superintendent's professional duties, and by also holding the Superintendent responsible.
- BY acting only after receiving the recommendation of the Superintendent in matters of employment or dismissal of school personnel.
- BY having the Superintendent present at all meetings of the Board except when the Superintendent's contract and salary are under consideration.
- BY referring all complaints to the proper administrative office and by discussing them only at a regular meeting after failure of administrative solution.
- BY striving to provide adequate safeguards around the Superintendent and other staff members to the end that they can live happily and comfortably in the community and discharge their educational functions on a thoroughly professional basis.
- BY presenting personal criticism of any employee directly to the Superintendent in accordance with sound principles of personnel policies and procedures.
The Board has the power of establishing its own procedures (Education Code 35010).
The Board shall provide guides of discretionary action to those agents of the district to whom the Board delegates authority. This right shall be retained solely by the Board. These guides for discretionary action shall constitute the policies governing the operation of the school system.
The formulation and adoption of these written policies shall constitute the basic method by which the Board shall exercise its leadership in the operation of the school system. The study and evaluation of reports concerning the execution of its written policies shall constitute the basic method by which the Board shall exercise its management of the schools.
The formal adoption of policies shall be recorded in the minutes of the Board. Only those written statements so adopted and so recorded shall be regarded as official Board policy.
The implementation of policies is an administrative task to be performed by the Superintendent and the Superintendent's staff, who shall be held responsible for the effective administration and supervision of the entire school system.
All actions of the Board shall be taken only in official Board meetings called, scheduled, and conducted according to these bylaws and the statutes of the state.
DEL MAR UNION SCHOOL DISTRICT
Bylaws/Administrative Regulations of the Board
Board Bylaw 9011: DISCLOSURE OF CONFIDENTIAL / PRIVILEGED INFORMATION
Confidential/privileged information shall be released only as allowed by law.
Confidential/privileged information is defined as:
- Information that is not a public record subject to disclosure under the Public Records Act
- Information that "by law" may not be disclosed
- Information that may have a material financial effect on the Governing Board member
The Governing Board holds that information which is produced for or which comes out during closed meetings of the Board concerning subjects which are lawful matters for consideration at closed meetings is privileged information, and shall not be divulged or released by any member of the Board or by any employee of the district, unless and until a majority of the Board members agree to release the information. This is not to permit withholding information about the purpose and subject(s) of the closed session as required for public information under Government Code Section 54957.7. Information from closed sessions shall be released by the Board President or Chair of the meeting in which the closed session is held.
Release of privileged information contrary to the provisions of this bylaw by a member of the Board may result in public censure of the member by a majority vote of the members of the Board.
Release of privileged information by an employee of the district shall be considered by the Board to be unprofessional and/or unethical conduct, and a serious violation of the reasonable regularities of the Board of this district, and shall be grounds for disciplinary action under applicable policies and regulations.
More information:
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