No Agreement On Role Of Public Input In Filling School Committee Vacancies. Timeline For Appointments Set
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Report On The Special Joint Meeting Of The Amherst Town Council And Amherst School Committee, August 28, 2023
This meeting was held over Zoom and was recorded. It can be viewed here.
All Town Councilors present, except Pam Rooney (District 4). Irv Rhodes and Jennifer Shaio from the School Committee (SC) were present and participated in the discussions, but could not vote because since the resignation of three of its members, the School Committee lacks a quorum. Town Manager Paul Bockelman and Town Council Clerk Athena O’Keeffe were also present. The number of members of the public attending was not announced.
State law mandates filling school committee vacancies within 45 days. Since SC member Ben Herrington resigned on August 21, his position must be filled by October 6. Allison McDonald and Peter Demling submitted their resignations within the following week.
Deadlines Set To Fill Three School Committee Vacancies By October 6 Deadline
State law mandates filling school committee vacancies within 45 days. Since SC member Ben Herrington resigned on August 21, his position must be filled by October 6. Allison McDonald and Peter Demling submitted their resignations within the following week, so the Town Council and remaining two SC members Irv Rhodes and Jennifer Shaio will fill all three vacancies at the same time.
The notice for the process was posted on the town online bulletin board on August 29. Applicants must submit a statement of interest of no more than 700 words to Athena O’Keeffe, Town Council Clerk, by 4 p.m. on September 20. The statements will be posted on the town website on September 22. Interviews will be held in a hybrid meeting on September 26, with continuation on October 2 if needed. Three applicants will be chosen with each needing a majority vote of the Town Council and remaining SC members. The appointees will serve until January 2, 2024, when the SC members elected in the November 7 town election will be sworn in. If the three selected for the committees are candidates in the November election, they will not be listed as “candidates for reelection” on the ballot.
How Will The Votes Be Counted?
Councilor Cathy Schoen (District 1) suggested that the selection of the three candidates be conducted by rank choice voting, with each councilor and SC member casting a vote for their first choice in the first round to select one candidate, and then two other rounds to fill the other two vacancies. However, Ana Devlin Gauthier (District 5) pointed out that it is likely that no one will get a majority (eight) votes on the first round, prolonging the process. Council President Lynn Griesemer (District 2) and Andy Steinberg (at large) felt that people should vote for their top three choices, as is done by voters for at-large councilors. Details of how the voting will proceed so that all three candidates selected garner at least eight votes are still being worked out.
Where Does Public Input Come In?
Councilor Michele Miller noted that no public comment was permitted at this meeting and wondered how residents could participate in selecting the SC members outside of sending an email to the council. She suggested that the town create space for commenting on the Engage Amherst site, but it was unclear whether there would be time to create a dedicated space due to the upcoming departure of Communication Director Brianna Sunryd. Griesemer replied that she was following the precedent set in 2020, when Heather Hala Lord was chosen to fill the remaining term of Eric Nakajima, and public comment was not allowed at that meeting. She said, “There’s an election coming up, and that’s where the public expresses their preference. This appointment lasts a little over three months.”
Devlin Gauthier voiced similar concerns to Miller’s. She said, “We only have one turn of precedent. I think we can always figure something out and do better.” She advocated for another avenue for public engagement prior to developing interview questions. But Schoen noted that, in 2020 the council was so inundated with emails advocating for specific candidates that they were not particularly helpful.
Councilor Jennifer Taub (District 3) suggested that people selected to fill the currently vacant positions would have an edge in the November election for School Committee.
Steinberg said that because staff and facilities will be used in the process of selecting interim School Committee members, it might be a violation of campaign finance law for a member of the public to essentially give a campaign speech at a public meeting.He also said he does not want the selection process to become a platform for candidates in the November election.
Devlin Gauthier said she failed to see how allowing public comment would be a campaign finance violation, since candidates can make statements during general public comment even now. Besides being able to make public comments, she said, constituents should have input into the formulation of interview questions.
Griesemer expressed concern about the amount of work it would take to sift through a deluge of suggestions.
Mandi Jo Hanneke (at large) raised a legal question: would it constitute a subcommittee for Griesemer to consult with the two remaining SC members, thus requiring that meetings and agendas be posted ahead of time and that public attendance be allowed?
Shiao expressed dismay when Griesemer said that she and Irv Rhodes would be at a disadvantage in the November election if members of the public can comment at public meetings about candidates for the currently vacant seats. Shiao said, “I’m trying to wrap my head around the idea that we should make decisions based on what might help or harm us as candidates. I’m speechless that that would even come up—that you would suggest that we should make this decision[to] not have public comment because it would benefit us as candidates—that’s completely inappropriate and possibly unethical.”
Shiao countered that the interview questions are not as important as who is appointed, and expressed dismay when Griesemer said that she and Irv Rhodes, the other school committee member, would be at a disadvantage in the November election if members of the public can comment at public meetings about candidates for the currently vacant seats. Shiao said, “I’m trying to wrap my head around the idea that we should make decisions based on what might help or harm us as candidates. I’m speechless that that would even come up—that you would suggest that we should make this decision[to] not have public comment because it would benefit us as candidates—that’s completely inappropriate and possibly unethical.” Both she and Rhodes are running for reelection.
Griesemer replied, “I think you misheard me,” but did not elaborate. Pat DeAngelis (District 2) said, “I think I may have misheard, too. Jennifer [Shiao] and Irv [Rhodes] are on the School Committee, and anything that happens publicly can benefit or harm their candidacy, because they’re both running for reelection, so I don’t think they should be kept out of things because they’re a part of the School Committee.”
Councilor Anika Lopes (District 4) asked for clarity about what was acceptable for public comment. It was decided that the council will consult with the town attorney and the state to clarify what is allowable for public input in light of the upcoming election. People may comment on the SC vacancies at the September 11 and 18 council meetings; the names of the candidates will be revealed in their statements of interest on September 22.
In the interim, the school system’s attorney will determine what decisions the remaining two SC members can make, i.e., what decisions do not require a committee meeting with a quorum. Rhodes pointed out that the fall marks the beginning of the school budget season and will also be the time to initiate the search for a superintendent to replace Mike Morris, who resigned as of August 31. He said, “All five of us could be there in January, or it could be a completely different group of people there. I just want people to understand the situation and the challenges the Amherst School Committee will be facing going forward.”
The meeting adjourned at 8:26 p.m. Discussion will continue at the September 11 meeting.
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I had a nice visit last weekend from a candidate for School Committee who was going door to door in my neighborhood. I was interested in this person’s views and experience, and I was impressed. But I want to hear more, hear from the other candidates, and watch them in a few candidate forums. Then I will vote.
At the end of our conversation I said to the candidate, “Mark me down as a 2,” meaning I’m leaning toward the candidate, but that I want to hear more from all the candidates in what is a race for a number of available seats.
Which brings me to my hope that the Town Council will decide not to appoint any of the candidates running in the November election to fill the vacancies on the School Committee and, instead, only appoint people who aren’t on the ballot to the open slots who will serve only the next few months. To do otherwise creates an inference of favoritism that we don’t need.
There are plenty of people in our community who have the experience necessary to fill the role on the School Committee, people who will serve honorably, keep the ball rolling and do no harm, and then go away, leaving the contentious issues the School Committee faces to a fresh set of officials elected by the people.
I’m less concerned about the interim school committee members having a platform for campaigning as they seek the interim appointment, and more concerned that by filling the slots with two months to go before the election in November, another issue is created where accusations will be raised that the Town Council is putting its thumb on the scale.