BoardWise
By:
Christopher Maricle
Dear BoardWise,
I am a new board member, elected in November 2012. I was recently told by one of my colleagues that in order to “demonstrate support,” a good board member should not “express disagreement with board decisions in public or with the media.” Don’t board members have the same free-speech rights as everyone else? Can’t I say whatever I want?
Signed,
Unsure of My Rights
Dear Unsure:
This is a great question, and a common one for new board members. To answer it, we need to distinguish between can and should. Can you express your opinion? Yes. You can exercise your free speech rights just like everybody else.
Should you express your opinion? Maybe, but maybe not. Like the right to free speech, the governing authority of boards is set in California law, which grants boards authority to act at publicly noticed meetings on items posted on the agenda through a majority vote. It’s extremely common for that vote not to be unanimous. Although your question can surface for other reasons, it most often arises for board members who “lose the vote.”
There’s no question that every individual has a right to free speech. The discernment that elected board members must make involves balancing their rights as an individual, their influence as an elected person, and the responsibilities of the board. It requires them to reflect on how their individual comments will impact the district, their fellow board members individually, and the board as a whole. Why does this matter? Because effective boards strive not only to make good governing decisions for the district, but also to improve their capacity to govern. A key aspect of improving governance is strengthening the governance partnerships—both between the board and the superintendent and among board members individually.
Board members, the superintendent or staff might interpret disagreements expressed by an individual board member as, at the very least, a lack of support for the direction of the district or, worse, as an intentional effort by an individual board member to undermine the decisions of the board. That can damage morale and erode trust, because it causes others to question the motives behind the comments. When governance consultants work with boards and superintendents on issues of trust, board members and superintendents usually trust each other’s character, ability, and track record. Lack of trust usually centers on motive. When members of the leadership begin to question motives, this can have a direct impact on the ability of the board to function effectively.
So, how can you respond if asked about being on the short end of the vote? Here are a few options. Each of them accomplishes two things—admitting the disagreement and reinforcing support for the decision of the board:
- “Obviously I was disappointed, but I respect the will of the board.”
- “My vote is on record, but the decision of the board is policy for the district, and as a board member for the district, I support its policies and decisions.”
- “If the issue is ever raised again, I might try to persuade my colleagues of a different direction. But until that time, I respect and abide by the decisions of the board.”
Am I suggesting that board members never express a dissenting opinion in public? Not at all. I am suggesting, however, that effective board members are careful to weigh the benefit of expressing their disagreement with the potential impact to the district staff and the board. Your opinions might be honestly felt or even objectively true, but expressing them may not help. The simple wisdom here may just be: Never say everything you think.
The question that board members must ultimately answer for themselves is this: What criteria will I use to make certain that what I say as an individual about the work of the board ultimately serves the higher goals of ensuring long-term district stability, and improving achievement for all students as well as the capacity of all of us to work together to achieve it?
Best of luck!