Wednesday, November 7, 2007

A thought regarding the Lebanon School District

An observation: Sherrie Springer (and to an extent Jim Robinson) wield the advice from the District's legal counsel like a club.

Thing is, it's a club that no one outside the board ever sees. It's perpetually hidden, but everyone is told to trust that it's there and that it says what Sprenger says it does (yeah yeah yeah - I get that the whole board sees the advice, but that doesn't seem to matter to either the other board members or the public). I get the feeling that not only was the public's trust for Sprenger never very high, but that her use of this method has eroded it to just about zero. Possibly negative.

For example: Near the end of Monday's meeting, Sprenger cited the advice from legal counsel as a reason not to entertain the motion to let Kim FandiƱo speak - but also cited attorney-client privilege as a reason not to explain the content of the legal advice. While Sprenger is technically correct (as evidenced by the fact that the rest of the board did the same thing even though it obviously disgusts them to have to do so), it leaves KF in the position of having been told no and yet not knowing why, which, despite the understandable legality, is an essentially unjust position.

Furthermore, it's an unjust position brought about by the intersection of two board policies - cyberbullying and the complaint procedures - complicated by the fact that LT is an anonymous blogger. I have to admit that so far I'm not happy with how the conflict between the policies has been handled, because I think it's been resolved in such a way as to cause maximum damage to Kim's position - and whether or not that's intentional on the part of district's legal counsel and/or Jim Robinson, it is being perceived as intentional and political. And while Robinson cannot control every perception of his actions (nor should he have to) it would seem in his best interest to reach out a little and do some P.R. on this one.

Robinson pointed out during the meeting (and this is referenced in this Express story) that by allowing Kim to have a hearing, he would risk violating district complaint policy.

It goes as follows: Kim filed her complaint at level three and moved it to level four when she appealed to the board. Robinson pointed out that she skipped levels one and two, both of which require notification and conversation with the person named in the complaint. Robinson then claimed that if Kim were to identify or claim to identify the blogger in her hearing, and the blogger turned out to be a district employee, Kim would have violated complaint procedure, thus causing an injustice to the employee.

Essentially, Robinson is claiming that allowing Kim a hearing regarding her complaint violating district policy would itself be a violation of district policy, and he and/or legal counsel have decided that the potential of violating the possible employee's complaint rights outweighs Kim's rights. Which is fine if one believes that no cyberbullying has occured, and that Kim should take her case to a civil court (which is what Robinson has said on multiple occasions).

HOWEVER, given that so many people - Kim, Debi, Josh, and Rick come to mind, as well as Ginger Allen and, I suspect, lots and lots of teachers - think that what LT has written is "cyberbullying" (it may be mean, but nothing I have read constitutes cyberbullying OR libel in my mind), Robinson and Sprenger's refusals to do anything but state their positions and ruthlessly use hidden legal advice to defend it is a very, very bad idea politically and PR-wise. It's going to cause the dislike and hatred of them to ratchet up another notch, undeserved or not, because the public perception is very clearly that Kim is not getting anything resembling justice out of this.

And if there's anything that matters in a place like Lebanon, it's that (punitive) justice gets done.

One last thing: I imagine that many of the folks involved in this case are not all that familiar with libel law or the difference between a public and private figure contained therein. I also imagine they are not used to having someone criticize their actions. While I understand that it can be very difficult to deal with what feels like a personal attack, what's going on in this district is nothing compared to what happens in larger locales where there is far more public scrutiny of the actions of public figures (which, like it or not, comes with the jobs of school board member and LEA President). At some point, one has to learn to evaluate criticism for any truth it contains, cull that truth and see if it's worth responding to in some fashion, and forget about the rest. Dwelling on what some anonymous blogger says about you is just stress that no one needs, and I say that without a trace of irony.

9 comments:

Anonymous said...

Does your brain hurt from your circuitous thinking?
It's okay for you to be "mean" on your blog, but not LT?
Sherri and Jim should be nicer and care more about PR than about the legality of an issue? (Do you really want to see our School Board without Sherri???)
KF isn't getting justice because she doesn't feel like she is, or because others may not feel she is (despite what Legal Council or the Police etc. have said)?
We should do what people want in order to make them happy no matter how right it is or what the consequences are?
Come on.

Anonymous said...

With espect to your analysis, I believe you are missing the point by a mile. For the board to give Kim the opportunity to hear her compaint, the board has to believe first that this is a case of cyberbullying. Example, inorder for a Judge to hear a case, a crime have to occur first. The police department, Linn County DA and school attorney did not believe this is a case of cyberbullying. So it voids KF case period. So, if there is no cyberbullying why will the board hear her complaint????? Also, to hear her complaint, there are also other different ORS and board policies that covers how a school board hears these cases. I suggest you start with reading ORS on meeting procedures and hearing processes, then finish off with reading school board policies. I do not believe the other 3 board members read any of these or do their homework before coming to meetings. A reason why they come up with the same reasoning as you do.
There are communications between the board and their legal council that are view as attorney-client priviledge except other board members chooses not to abide by the law and show them to their own attorneys, friends and families to plan their stragies of how to over-ride their own board attorneys. (If you have not notice... I suggest you pay more attention next time you decide to visit a board meeting of how Rick and Josh will try to inject how other attorneys, people, do not agree with their own legal council's advice.)
These legal advices are usually mailed in advance to allow board members to read and discuss them in an executive session. I am not sure if you had ever seen one. The attorney will refer to different Oregon laws and Federal laws to support their recommendation for the board to take action or not.
In this case I believe and as you see I said (I), or any educated person or someone with a well verse non bias mind will understand there are laws involve here or else the attorney will not say so.

The club you said that Sprenger used per metaphor I believed was a saving strike. It saves the school district and each individual board legally. The school district and the children are more important and school board members should take responsibility seriously.

In conclusion, once the board hears KF the other 3 board members were ready to move forward in instructing their legal council to file a law suit as behalf of KF to subeona records. Again a big violation of State Laws of how money are to be spent for education. (You gave Josh credit when he said money are also spent else where not in the classroom because Mr. Fisher question moving funds out of the classroom. I believe you lack the understanding that even though is not use in the classroom those expenses are still used for education. In this case, KF is asking the board to represent her and her quest which is a private matter to uncover the indenity of LT. Clear violation of State Laws or how funds should be spent.) I suggest you do more research on this matter also.

Lastly, just to throw it out there. The administration and the board are ready to negotiate a new contract. In the history of how KF operates, once there is a contract renewal coming up, the members have to be rallied to the cause. US verse THEM mode kicks in and an issue has to be front and center to divide the board. It is an old tatic used by any union president to gain the upper hand. And yes this is one.....

I can go on and write a book to disect your opinion, but then I will respect punk #1 and punk #2 and will keep this short.

Dennis said...

Anonymous #1 - If I think it's a bad idea for LT to be mean, it's because I think my goals and LT's goals - especially our stated goals - are different. Different purpose, different tactics. Case in point: I've never claimed a desire to either change the debate or bring about reconciliation. LT has at least implied both, if not said outright.

Also, you should read more carefully. I think - and have said - that Sprenger and Robinson are correct on the issues. It's their rhetoric and tactics that are problematic, and only problematic in the sense that they will cause increased rancor and hatred - which has significant material consequences. Big difference.

Anonymous #2 - You obviously misunderstand the point of this post; I suggest you read it again, especially in the context of everything else I write.

However, I will say this: Just because I think Sprenger and Robinson are the competent, responsible folks in the group does not mean I think they can do no wrong.

Anonymous said...

You are still saying that in order for there to be reconciliation that LT has to be "nice"--no matter what the situation or the other people involved are doing. That is not reconciliation it is deflection, or concession, or conciliation. Reconciliation is action attempting to bring about harmony. Aha! you say. Make nice and all will be well. Too simplistic. reconciliation acknowledges the need for an examination; measurement; advance work towards the goal (conciliation). Or, you can say it reconciliation. Looked at this way it speaks of doing something to bring about a former state. Either way it is not a passive, pleasant, easy stance. It is an active working towards a better place. It appears that your belief is that harmony is only brought about by the tactic of trying to smooth things over, act like nothing is wrong that needs fixing, just being friendly and nice. I'm not sure, RW, but it sounds like you have never personally had a whites-of-the-eyes run-in with a bully.

Dennis said...

Being nice and telling unpleasant truths are not even remotely exclusive.

Playing nice is not going to magically solve problems, but being mean often helps perpetuate them. In other words, trust and goodwill are necessary, but not sufficient, for conditions to improve.

People, seriously - please start really reading what I write, or at least allow for the possibility that my opinions do not fit in a preconceived box that you are familiar with. It would be helpful, because I already feel like I'm being repetitive as is.

Anonymous said...

Well, dap, sorry that you are getting hit so hard by the comments. I think that you are well-intentioned, honest, and observant. However, on the particular point that you address in this post, I disagree with your conclusion.

While it may appear that Sprenger and Robinson are using legal advice as a club, it is only because there are at least two members of the board who think that attorneys are prostitutes, willing to say whatever will bring in the most money. Rick Alexander routinely defends his rejection of legal advice with quips that reveal his ignorance and lack of ethics.

What evidence is there that lawyers are not the whores that Rick says? Let's start with the most obvious and blatent example: Rick insisted that the advice on the legality of the board's actions the district's lawyer provided in the summer fiasco was just one view. Yet, when the oregon School Board Association's attorney was consulted, the advice was the same. And the second opinion from the attorney that Rick's team picked out was virtually identical to the original advice.

Rick's statements dismissing legal advice are dangerous. When lawyers are asked to advice a client on the law, they will analyze the applicable law and decide whether the client's position is legal, illegal, uncertain, or some mix of all of the above. When some aspect of the law is uncertain, the attorney will give the odds of a successful outcome to his client.

Most disputes, however, involve disputed facts. If the proven facts turn out one way, then the legal result is X. If the proven facts in the case turn out to be the opposite of X, then the legal result is X. The same law is applied in both situations, but the outcome is the opposite because of the factual conclusions.

In the circumstances of the school board's actions, the facts have not really been in dispute. The school board placed Jim Robinson on administrative leave without following the applicable procedures. Therefore, the action was illegal.

As to the action about the blogger, Rick, Josh, and Debi were headed down the trail of doing yet another illegal thing.

Why not just go ahead and reveal the attorney's advice? Perhaps in these circumstances it would be just as well to do so. In most cases, it would be a disaster because it would subject the board members and the district to additional liability and would interfere in the preservation of the attorney-client privilege. Here, it might be the best thing to do because the community is faced with the highly unusual circumstances that there are board members so willing to reject legal advice.

Here's a question: Does Rick go to a doctor when he is sick? If it is bad news, does he reject the doctor's diagnosis and accept the advice from his next-door neighbor (the one who barely finished high school) because the neighbor tells him what he wants to hear?

Rick's attitude suggests that he believes his own legal advice is better than the advice that the board can get from a competent attorney who specializes in the type of law at issue. That shows a disdain for education which is incredible for a school board member.

By the way, this is my opinion based on publicly-available facts, concerning a public figure. This is said, without malice towards any of the participants.

Anonymous said...

I'm going to follow the lead of the Anonymous Attorney so what I am about to write is my opinion based on publicly-available facts, concerning a public figure. This is said, without malice towards any of the participants.

From what I can conclude, the discourse in our community/school relationships started and have continued since Kim Fandino was hired 6 or 7 years ago. I'm not sure where she was or what she did before coming here but would be interested to know. If she does not have the negotiating skills to do her job without giving people a bad impression of teachers and unions then she should be replaced. She seems to be either in the middle or behind the scenes of all our conflicts.

Board recalls are ugly and expensive. I would prefer to see if some of our issues could be resolved by having a new union leader first. If she is a good teacher then let her teach but put someone at the helm that can be respected by all parties concerned. Again, this is my own opinion which hopefully I am still entitled to.

Dennis said...

Rick's attitude suggests that he believes his own legal advice is better than the advice that the board can get from a competent attorney who specializes in the type of law at issue. That shows a disdain for education which is incredible for a school board member.

Yup. But Lebanon is a working-class town by almost every measure, and it's been my impression that the working class is trained not to trust education or the educated, deeming it "elite" and not really American.

Rick's distrust of anything that might be intellectual is not surprising. Besides, such anti-intellectualism is a large part of the modern Republican Party platform, and it's penetrating the country quite well.

The fact that so many school district employees agree with Rick given the above does surprise me, or at least it used to.

Anonymous said...

Your attack on Republicans is uncalled for. I am an independent and I see no outward disdain by my Republican friends toward education anymore than any other of my friends. There is a trend to distrust government interference from my Republican friends but given the history and current state of politics I am beginning to believe that the distrust is highly warranted. The "no middle ground" attitude of both major parties is part of what is hampering growth of our society. Your attack on Republicans in general is a symptom of this problem.

 
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