District 300 board members soon will journey down a
risky path.
Like many government bodies across the state, they
recently implemented a tough ethics policy for board
members.
School officials might become the first board to test
the law. Attorney Darcy Kriha said not one of the other
100 or so school districts represented by her firm has
dealt with an ethics complaint based on the new law.
The law's intent was not to act as Big Brother, but
to help stop state employees, lawmakers and
policy-makers from violating public trust. Governing
boards and politicians can thank former Gov. George
"Operation Safe Roads" Ryan for the new legislation.
District 300 board members must determine whether a
colleague acted appropriately.
A parent filed a complaint against board member Mary
Warren about her involvement in a political action
committee-financed survey. Warren acted as a facilitator
between Schools Now and the company that surveyed
opinions of about 500 residents.
The PAC-funded survey sampled residents' views on a
hypothetical tax increase. Coincidentally, members of
Connect 300, a district-formed resident advisory panel,
had recommended against the referendum at nearly the
same time.
It's up to the school board to decide whether Warren
violated the ethics policy. Warren says the complainant
has taken "pot shots" at her.
Pot shots aren't important. What matters is a school
board member's behavior and integrity. Did she
participate in "prohibited political activities"?
It's also a big deal in the eyes of voters to
consider the complaint openly. School officials say they
want to win over naysayers. So why not be open and
upfront in a fundamental matter of public trust?
The board plans to evaluate the complaint Oct. 25.
Kriha said the board's decision on a possible ethics
violation would be done publicly.
Board members have wiggle room on the open versus
closed ethics meeting. Local governing boards can go
over certain ethics complaints in private, according to
the Open Meetings Act.
The state ethics law also allows for a closed-door
session to discuss an ethics complaint. But Kriha says
it's not clear whether the Open Meetings Act can be
applied to the broader school ethics policy.
Kriha said she will consult with board members about
the closed versus open session consideration Tuesday.
"Quite honestly, that's an issue I have not advised
the board on," she said Thursday.
More important, the district's ethics policy is
silent on closed versus open ethics complaint review.
Kriha, who also is the district's ethics adviser, said
the ethics law is complicated new territory.
School officials are in an unenviable position, and
judging one of their own is not easy.
Warren says she has done nothing wrong. Makes sense
to let the people in and make up their own minds.
