Fayette County school board members drop policy to muzzle dissent after outcry
The Fayette County Board of Education will not be voting on a recommended policy that would prevent board members from issuing a comment to the media on their dissenting votes.
“I don’t think we want to put ourselves in a position of trying to police what individuals say or don’t say in their individual capacities,” school board chairman Tyler Murphy said at Monday night’s school board meeting.
The policy, which appeared on the agenda prior to Monday’s monthly school board meeting, would have required elected board members to instead direct media inquiries post-vote to the chairman, in this case, Murphy.
The board took no action on the policy, but school officials confirmed Tuesday it would be dropped.
“The additional language...was stricken from consideration,” FCPS district chief of staff Tracy Bruno told the Herald-Leader Tuesday.
It is unclear who introduced the proposed language discussed at Monday’s school board meeting. District officials said the revisions “were submitted by board members, not the district office.”
The policy, a proposed revision to the governance manual, read: “Board members who voted in the minority on a matter, yet where the motion was approved by majority vote, shall not use subsequent media inquiries as a forum to reiterate or revive their dissenting position. The appropriate time for expressing opposing views is during board discussion while the motion is under consideration. Once a vote is taken and a decision is made, board members are expected to respect and support the collective decision of the board. In such instances, if contacted by the media, individual board members should issue no comment and direct inquiries to the board chair.”
A large group spoke during public comment Monday on a range of hot-button topics on the board’s agenda. At least one parent, Matthew Vied, asked who suggested the limitation on board members speaking with the media, but did not get a response from the board.
Vice-chairman Amy Green also said at the meeting she did not think the language was needed.
Board member Monica Mundy said she was doubtful the language in a controversial policy “was even legal” and the Kentucky School Boards Association would find it unethical.
“I was concerned when I read it,” Mundy told Murphy. “As elected officials, we should be able to share our viewpoint with the community, with the media, with anyone.”
Mundy said it made her nervous a school board member would suggest it.
“I understand,” Murphy replied. “It also gave me concern. I’m not interested in moving forward with this kind of language.”
He said board members were in agreement they would not consider the language at a Monday, Dec. 8 school board meeting.
Bruno and Murphy did not immediately respond to an email from the Herald-Leader Tuesday about who recommended the limitations on expressing dissent to the media.
Board member Amanda Ferguson said she shared Mundy’s concerns. Ferguson and Mundy are often in the minority among board members and have spent the summer raising concern over the district’s budget after a significant shortfall and depleted reserve fund came to light.
Michael Abate, a lawyer who represents the Kentucky Press Association and has represented the Herald-Leader, said the policy, if adopted, would violate the First Amendment.