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The Sudbury Public Schools (SPS) School Committee met on March 3, and discussed two Open Meeting Law (OML) complaints against the committee, as well as the appointment process for a vacancy created by Mary Stephens’ resignation from the committee earlier this year.
Open Meeting Law Complaints
The first OML complaint was filed by the committee chair, Nicole Burnard, against the committee itself. (Details here and here.) (2:10:50)
The second complaint was filed by a member of the public, and questions if the three-member majority committed an OML violation while deliberating and deciding to file an OML complaint against themselves on February 10. The complaint is available on page 37 of the meeting packet here.
The majority opted to refer both complaints to legal counsel to formulate a response to each complaint. Only three of four committee members were present for the meeting, and the votes were not unanimous. Chair Nicole Burnard and Vice Chair Meredith Gerson voted in favor of the action, while member Karyn Jones abstained on both.
While there was discussion about the first OML complaint, and member Jones provided her first public comments about the situation, there was no substantive discussion about the complaint filed by a member of the public. Both complaints were slated for discussion during an executive session that was cancelled last week. Chair Burnard informed the committee that the agenda items were moved to open session this week because member Jones had requested that the complaint regarding her actions be discussed in open session.
Before the committee got to the agenda items, former member Mary Stephens provided public comment regarding the OML complaint pertaining to a meeting she attended with Karyn Jones, and the appointment process. (30:00) Stephens said “That toxic February 10 meeting was a disgrace. Three members attacked us with baseless accusations while violating committee policies themselves. Nicole’s so-called investigation wasn’t about facts. If it were, she would have spoken to all four attendees, rather than cherry-picking and then misconstruing narratives to fit her agenda.”
During deliberation, Member Jones read a statement into the record alleging that Chair Burnard’s complaint “contains misleading and incorrect claims” about what Jones told Burnard regarding a meeting with Safe Schools. She specifically called out, as did Stephens, that the conversation about a bill and Parent Advisory Councils was the same conversation. Jones cited a bill that has now been filed in the legislature as proof. (2:17:25)
Appointment Process
The committee also discussed the appointment process to fill the current vacancy on the committee. The Select Board opted to proceed with the appointment process on February 25, despite the stated preference of the school committee to wait until after the Town election to fill the vacancy. (1:21:00)
Chair Burnard and Vice Chair Gerson voiced frustration with the Select Board’s decision and the committee discussed the pertinent laws, precedent and Town Charter language. The SPS School Committee and the Select Board appear to have differing interpretations of the relevant law, but the interpretations may be irrelevant at this point as the committee opted to participate in the appointment process with the Select Board.
Don Sawyer, Director of Business and Human Resources for SPS, waded into the discussion and advised the committee to make it clear to the Select Board that they wanted to participate in the process to ensure it’s valid. He expressed concern that if the appointment process was not done correctly according to his view, any action of the school committee during the period when the appointee is serving could be challenged. “Should the school committee meet after this, and it’s an invalid appointment, any action the school committee takes is also invalid and can be challenged.” (1:59:25)
The committee also voted 2-1 to authorize Chair Burnard to send a letter to the Select Board expressing their perspective on the situation.
A joint meeting of the SPS School Committee and the Sudbury Select Board is expected to be scheduled in the coming weeks. Applicants for appointment are expected to be interviewed during that meeting, and the two bodies are expected to vote jointly to appoint someone to fill the vacancy until the winner of the contested race for the 2-year seat is sworn in after Annual Town Meeting in May.
