Do not conduct public business in secret

The Jay School Committee is considering a policy requiring its members to hold votes in public, and specifically prohibiting votes by secret ballot.

How curious, since state law already requires that.

Does the committee truly need to enact a policy to require members to abide by state law?

We certainly hope not.

Maine’s Freedom of Access Act governs how public officials conduct their business, and very specifically requires that all business be conducted in public. The law requires that all “actions be taken openly ... and deliberations be conducted openly.” That includes votes, which result from deliberations and is how public officials take action.

Any vote taken by a secret ballot is not action taken in public. It’s a farce.

Jay School Committee members should know this because each of them, even the most recently elected, has completed the state’s mandated freedom of information training course, for which they are to be congratulated.

Committee Chairwoman Mary Redmond-Luce said she believes committee members have voted in secret in the past, before she was on the board, using secret ballots to decide issues when matters were controversial, and she wants it to stop. At the July 1 committee meeting, Redmond-Luce said she knew of other school districts voting by secret ballot when they didn’t want their votes known.

She’s right. Public officials are doing this and it’s wrong.

On June 10, the RSU 36 Board of Directors voted by secret ballot to elect a chairman and vice chairman. Why? What’s to hide? Electing committee officers isn’t a popularity contest; it’s an action of public officials to select people to guide their committee.

It is possible that not each member of the RSU 36 board recognizes the need to conduct their business in the open because not every member has completed their mandated FOI training. Rod Newman of Livermore, and Katie Castonguay and Ann Souther, both of Livermore Falls, have each served a year or more on the board. State law requires them to complete the training within 120 days of election to office, and to file a certificate with the school district to record completion. These three have failed to do so.

Incoming Superintendent Sue Pratt seeks to change that, and has set a mandatory orientation on FOI for every member of the board. Good. Maybe then RSU 36 votes will all be done in public.

This secret balloting is not limited to school boards. We’ve seen this happen elsewhere, including a vote by the Paris Board of Selectmen to elect a chairman and vice chairman just last month.

In that case, Selectman Ted Kurtz — a lawyer — requested that the board vote by written ballot, arguing state law requires the paperwork. Fine. But the board voted by anonymous ballot, making each of their actions secret.

If they feel the need to vote by ballot, do that, and sign names. The ballots would then, of course, become public and permanent records of their action. It’s a simple matter of accountability.

If we, the public, quietly allow secret balloting to elect board officers, what’s next? Secret ballots to pass budgets? Set policies? Close schools? Condemn property?

Government accountability hinges on the guarantee that actions are taken in public. Voting by secret ballot to take any action dings accountability, credibility and public trust.

That’s no way to conduct the public’s business.

editorialboard@sunjournal.com

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Displaying comments, from newest to oldest

CatTailMom's picture

Lack of Accountability

Tron is correct, although the proposed remedy may be a bit steep. There is no true accountability for public officials who take non-public votes, or hold executive sessions for hours on end, email each other so a decision is made well before the formal meeting, or otherwise violate the spirit (and usually the letter) of the FOIA law. The Maine law does not contain a proper complaint mechanism, nor is any agency responsible for making sure citizen concerns are investigated and handled.

momof4's picture

stupid

Makes no sense to have a policy--I can't believe these people are so clueless, but then again, I can. Dr. Wall did nothing for Poland, and I see he seems to have not improved.

Brain's picture

Time Zone?

Perhaps the user is in a different time zone?

momof4's picture

more like

a different planet...

tron's picture

The problem is there isn't any consequence

for elected officials breaking the law. Yes the SJ may go to court and ask for records, but the elected officials get off, scott free. There must be penalties, and probably more than a small fine. It would be amazing how officials conduct business if they had to spend 24 hours for each offense. Several city council members, present and past, would be spending months in jail.

thinkingman's picture

Blah, blah, blah, the Sun

Blah, blah, blah, the Sun Journal NEVER went to court....as no has been found to have broken the law, no one could be prosecuted...lets give penalties for the appearence of something wrong, yeah that makes almost as much sense as some of your other lame comments....just another assinine way to start the day...it ust really be sad looking forward to 12:26 AM so you can be the first to post a comment - but then again, no job, no family, what should we expect, this is your version of reality...

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