School board votes 4-3 to table policy on disciplining board members

By John McLoone
Posted 12/27/23

The Hastings School Board voted at its meeting Wednesday, Dec. 20 to table discussion on a policy that would contain provisions are when a board member can be removed from office. Four new members …

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School board votes 4-3 to table policy on disciplining board members

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The Hastings School Board voted at its meeting Wednesday, Dec. 20 to table discussion on a policy that would contain provisions are when a board member can be removed from office.
Four new members are joining the board in January, with the organizational meeting set for Wednesday, Jan. 3. Director Carrie Tate said the decision on the policy should be taken up by the new board.
Chair Lisa Hedin, Vice Chair Stephanie Malm and Directors Brian Davis and Becky Beissel all decided against seeking re-election. In November, voted to seats on the board were Jenny Wiederholt-Pine, Melissa Millner, Matt Bruns and Philip Biermaier.
Tate said her concerns were that the proposed policy change could lead to board member removal for things other than malfeasance. She pointed to two board members recently being censured in Elk River, MN.
“I have vocalized previously my concern over the possibility of this being potentially weaponized over minimal infractions. Frankly with what happened in Elk River with a censure of two board members last week and what I would say are actions that were minimal and not anywhere close to what should require a censure,” said Tate. “I’d like to request that the future board have a discussion over this for that reason, and also I think that with that going on and this board effectively exiting, I don’t feel it’s appropriate that this current board make a decision that is that significant on how the next board operates. I feel that there needs to be a robust conversation, and I think that this needs to somehow get down to more or less malfeasance issues, versus small concerns.”
At debate was board policy 215 and its accompanying procedures, 215-PR. The policy states, “The school board and each of its members are committed to faithful compliance with the provisions of the school board’s policies and procedures. The school board recognizes that alleged willful and/or continuing policy violations must be addressed.”
The procedure to address the problem with the board member reads:
“The board shall address the issue by using the following steps:
1. Conversation in a private setting between the offending member and the school board chair or other individual member; such conversation will be reported to the balance of the board.
2. If agreement or understanding is reached; consider the issue resolved.
3. If resolution isn’t achieved, in accordance with legal counsel, bring the alleged violation to the school board by requesting a closed meeting in accordance with Minnesota Statute 13D.05 for preliminary consideration of allegations or charges against an individual subject to the board's authority.
4. Public censure of the offending member of the school board, as well as removal from committees and leadership positions, to which the member has been appointed or elected, by simple majority vote.
5. Removal from the school board for proper cause by a concurrent vote of at least four members. The board member to be removed will be duly notified of the time and the place of the meeting for which the vote is to be taken, and for the reasons for proposed removal. The board member will be given an opportunity to be heard in defense against the removal.”
The procedure states, “Most board member issues and situations are intended to fall into Category 1. Categories 2, 3, and 4 are intended for extreme and/or repeated instances of violations where Category 1 has not resulted in a change in member behaviors.”
Malm advocated for passing the policy, and she said that future boards can change procedures if they desire.
“I believe that 215 with the edits that have been made tonight should be approved tonight,” said Malm.
Davis said that while “I don’t know if I necessarily completely agree with Director Tate,” he did agree it was an issue for the next board.
“We can go around on this for three hours tonight, and the new board can come in an completely deconstruct it and do it again anyway,” said Davis. “Se, we might as well let them go after it when they take their seats rather than us spin our wheels on something that could be completely undone in less than a month. I mean, what’s the point. Why not let them do it?”
Hedin responded, “That logic can be used for why we do anything post election, and I just refuse to believe in not working up until the last day.”
Tate said she wouldn’t have a problem if it was tied to board members not following a law but as written, it also pertains to board policies and procedures.
“Again, looking at Elk River, for example. One of the things that was noted was that one of the board members was late occasionally for meetings. Now while that is not in a law anywhere I guarantee, it is a courtesy of course to be one times to meetings, to attend meetings. But I don’t see that as a cause for disciplining an elected official. WE all know life happens, right? Another thing they invoked there was that one of the board members self-admitted in one meeting that he was unprepared. What he meant by unprepared was he did not get through the 30 policies that they had to review with his level of scrutiny,” said Tate. “This is where my concern is. If we are going to leave it like it is right now, the policy leaves it open to that type of interpretation, which I want to eliminate completely.”
Director Jessica Dressley commented, “I can’t speak for the others on the (policy) committee, but I don’t think it’s inappropriate to have the new board consider this policy as well.”
Tate’s motion to table the policy proposal passed 4-3. Joining her in voting for it were Dressley, Davis and Beissel. In opposition were Hedin, Malm and Zuzek.