Monday, September 8, 2008

MyAACPS.net Launched

Today marks the official launch of MyAACPS.net. MyAACPS.net offers a one stop source of education news about Anne Arundel County. It provides the following four services:

1) Get RSS feeds of articles on AACPS.

2) Search for articles by source, date, reader ranking, and unstructured text.

3) Comment on an article.

4) On a 1 to 5 start scale, recommend an article or comment to others to read.

Its primary intended audience is opinion leaders among AACPS parents. It is not intended for parents with only a casual interest in AACPS policies, practices, and politics.

I designed the website with the advice of the MyAACPS.net Advisory Board, including Paul Rudolph (Former Member and President, Anne Arundel County Board of Education), Tom Frank (Education Chair, Greater Crofton Council), Sam Georgiou (Former Chair, Countywide Citizens Advisory Committee), Steve Johnson (Former Chair, Annapolis Cluster Citizens Advisory Committee), and Pallas Snider (Former Member, Anne Arundel County Board of Education). Perhaps the closest precedent for MyAACPS.net is the national article rating service, Digg.com.

MyAACPS.net was created with volunteer effort and will need to be maintained by volunteer effort. Over the coming months, I’ll be looking for volunteers to take on a number of responsibilities, including posting links to articles to AACPS.net in a timely way (it takes about 30 seconds to post each article link to MyAACPS.net) and moderating comments for SPAM.

Currently, MyAACPS.net only includes major local newspaper coverage of AACPS (e.g., Capital, Baltimore Sun, and Washington Post). Eventually, I would also like it to include blog coverage of AACPS. This would allow AACPS bloggers to develop a reputation and build an audience. However, this enhancement of MyAACPS.net would depend on a number of factors, including the emergence of AACPS bloggers and volunteer commitment to maintain such an enhanced information service.

Please take a look at MyAACPS.net, subscribe to its RSS feed, read some articles and comments, post some of your own comments, and use the star rating system to recommend articles and comments to others. New information technology is creating all sorts of new opportunities to enhance democracy in general and empower Anne Arundel County parents in particular. I hope that MyAACPS.net helps to realize some of that promise.

--Jim Snider

P.S. I am on the agenda to introduce MyAACPS.net to the countywide CAC at the CAC’s Thursday, September 25 meeting. I hope those interested in volunteering to help maintain and enhance MyAACPS.net will attend that meeting and speak to me privately afterwards.

Thursday, August 21, 2008

BOE TV Coverage Postponed until at least October; SBNC seeks to restrict video use for democratic accountability

Board of Education TV coverage has been postponed until at least October 2008, with a possibility that there will be no coverage at all this year because no contract for the job has yet been awarded.

Last October, AACPS held a last-minute hearing on an AACPS plan for Board TV coverage. When I suggested modifications to the plan at that hearing, the AACPS TV manager and Public Information Office chief told the Board it had to make an immediate decision on the AACPS Board TV plan if Board TV coverage was to begin when the school year started in August 2008.

After many months of delay (the original request for bid proposals was promised for November 2007 but didn’t come out until spring 2008, a delay AACPS blamed on the Leopold administration), bidding was finally scheduled for June 2008. Unfortunately, no company made a bid by the bidding deadline, although four companies attended the pre-bidding session. I am told that the reason that no company made a bid is that at the last moment AACPS decided to change the bidding specifications by adding some ill-defined electrical requirements. Given the uncertainty over the job requirements, the companies that attended the pre-bidding session decided not to bid. After that fiasco, the project was put out to bid again in July—this time with the last minute changes dropped. For reasons I don’t know, only one of the four companies decided to bid in this second round. Having only one bidder created a red flag for the County, the result of which is that it has not yet signed a contract with the bidder and may choose not to do so. An additional complication is that the original plan was to do the installation during the summer months when the Board meeting room was accessible. The contractor has now refused to commit to a project completion date for the job because AACPS won’t commit to a schedule when the Board meeting room will be available to do the necessary work.

In May 2008 I sent the following letter-to-the-editor to the Capital and Baltimore Sun. The Capital printed it in late June 2008. The letter deals with the larger problem of how AACPS has been budgeting its millions of dollars of PEG funds.

Seeking accountability for the millions of dollars spent on AACPS TV

Over the last five years, millions of tax dollars have gone to funding the school system’s TV operations, most visibly its cable educational access TV channel, including a state-of-the-art broadcast studio and extensive, high priced staff support. What have we gotten for all that money? It is time that there was a general accounting for these expenditures. Some of them have been funded out of a special information technology and PR slush fund generated from the PEG access TV fee (98 cents/month for every household subscribing to cable or FIOS TV; about $16 million over the life of the franchise agreement). The rest comes out of AACPS’s budget.

Consider the rushed, overpriced, and poorly conceived plan to provide school board meeting cable TV coverage starting in late August 2008. Such coverage was decades overdue (many school systems a small fraction of the size of AACPS have had such coverage since the 1970s), but rectifying that deficiency is not an excuse for AACPS’s gold-plated broadcast TV design while undelivering on inexpensive but essential democracy enhancing features such as webcasting, integrated agendas with video, and online access to the resulting records. In the age of YouTube, the school system should have done much better. If small school districts in Vermont one-twentieth the size of Anne Arundel County can afford to do this, why cannot Anne Arundel County? The PR oriented culture of the AACPS TV staff strikingly conflicts with the democracy enhancing goals behind the congressional and county council laws enabling PEG TV funding.

Unfortunately, the school system’s printed budget is essentially useless for gathering information about its TV and PR operations. (Perhaps those who design the budget format are embarrassed that this year the school system spent more on central administration PR than, say, student field trips). Gathering such information would require an oversight hearing with thoughtful, tough questions. That’s the type of hearing we’ve learned not to expect from our school board, but it still would be a pleasant surprise to see.

Lastly, I want to call your attention to a video usage policy announced by the School Board Nominating Commission (SBNC). As you many know, SBNC televised its school board candidate hearings on Anne Arundel County public television. Subsequently, I asked to get a copy of the resulting video records, which I was entitled to do under Maryland’s Public Records Act. SBNC did not send me the copies within the 30 days required under the Public Records Act. But for public bodies in Maryland, such a delay is par for the course and thus hardly noteworthy. What is noteworthy is the notice that was sent to me prior and subsequent to the release of the copies. Here is the note:

These DVDs are provided to you as a courtesy and are intended for your personal use only. The School Board Nominating Commission does not authorize distribution or broadcast in any manner.

For any legal minds who might be reading this, I would be curious about your interpretation of this passage. I know of no passage in the Open Meetings Act or Public Records Act that would support the legality of such a clause. Indeed, I believe that such a clause is a clear violation of the intent of those two acts. Could such a clause be legally binding in any way?

Politically, the intent of this passage is much clearer. Public officials throughout the United States have sought to maintain as much control over public meeting video as they possibly can. AACPS is doing this with its planned board TV coverage, for example, by not making its video footage available over the Internet and requiring that all requests for video go through the school board’s office. This makes it much more costly for the public to access video records of public meetings and can be a very effective way to intimidate members of the public who are fearful of the repercussions of asking for potentially controversial information and won’t do so unless they can do so anonymously. I would be curious what members of this listserv think of such restrictions on public usage of public meeting video records. Do you think this is good or bad for AACPS’ democratic accountability?

--Jim Snider

Wednesday, June 18, 2008

School Board Nominating Commission: What does it take to win?

Yesterday the Governor announced the appointment of Tricia Johnson and Teresa Birge to serve on the School Board. It has been about a month since I’ve posted anything on the School Board Nominating Commission. What have we learned in that time about the SBNC process?

Here are some facts that I think are interesting:
21 people originally applied to compete for the two open slots on the Board; by
the time the SBNC voted, only 13 were still in contention.

On May 5, 2008, the SBNC voted to require a supermajority for nomination to the school board. When they voted on the candidates on May 12, 2008, two candidates received a majority of votes but without receiving the two-thirds necessary for nomination. Rules do make a difference.

The SBNC said it would follow the precedent of the Judicial Nominating Commission (which appoints judges in Maryland) and only seek to vet the qualifications of school board candidates. Its behavior suggests otherwise. How else can one explain that Paul Rudolph was not vetted as qualified by the SBNC? After all, Paul was twice selected by the School Board Nominating Convention, was twice selected by the Governor to serve on the School Board, and was selected by his fellow school board members to serve as president of the School Board. The SBNC’s rejection of Tom Frank raises a similar question, as Tom was previously one of two candidates nominated by the School Board Nominating Convention.

It is hard to assess how much strategic voting there was among SBNC members (strategic voting occurs when someone doesn’t vote their sincere preferences). Strategic voting for a candidate would be least expected when the preliminary vote was 7-3 because with a two-thirds majority requirement the eighth vote becomes the swing vote and an insincere vote becomes costly. My overall impression is that
there was surprisingly little strategic voting, although in at least one case it was clearly evident.

The press and public demonstrated to the SBNC that it could willfully violate both the spirit and letter of the Open Meetings Act without paying a price.

The candidates who won had nothing critical to say of AACPS. Future candidates: take heed.

Based on these observations, here are some predictions for the future:

There will be continuing pressure within SBNC to drop the pretense of vetting
candidates and move to nominating just two candidates for each open position. In this way, the SBNC can maximize its power.

There will be continuing pressure within SBNC to drop its candidate-by-candidate voting and select a slate in the backroom, which it would then vote up-or-down in public. In this way, SBNC members can avoid public scrutiny and accountability for their actions.

Fewer serious candidates will apply for open seats. In the extreme case, when an
incumbent running for re-election has not alienated any powerful interest groups, no serious contenders will emerge.

Successful candidates will play the inside rather than outside game. Electoral politics generally encourages politicians to play the outside game; members of Congress, for example, routinely run for Congress by running against Congress; presidential candidates typically run for office by running against business-as-usual in Washington. This is not going to be a successful strategy for candidates running for the school board. No mavericks need apply.

The SBNC will ignore its own bylaws and the Open Meetings Act when it deems them to be a nuissance, and there will be no public penalty for doing so, as long as a violation is done reasonably discreetly and with due consideration to create conditions for plausible deniability. The SBNC will continue to publicly pronounce its fervent devotion to the norms of openness and accountability--while conducting as much business as it reasonably can through private email correspondence, which is exempt from the openness requirements of the Open Meetings Act.

To the extent that backroom politics dominate the school board selection process, this will remain unreported.

Tuesday, May 20, 2008

Capital Editorial on SBNC Process

There are parts of this editorial I agree with, but I disagree with its skewed priorities. The part I agree with is that every SBNC member should be expected to explain why they voted for the winning candidates that they did. An important part of lawmaking is not just voting but explaining those votes for the public.

The part of the editorial I find objectionable is the argument that the SBNC should discuss the candidates' qualifications in public. This is not a requirement either in the letter or the spirit of the current Open Meetings Act. In some fantasy world, maybe this would be desirable. But it's unrealistic to expect, and I'm not sure it's desirable. What is more practical and useful for democratic accountability is to ensure that SBNC members explain their votes for the winning candidates. When SBNC members publicly state a set of candidate selection principles--e.g., that their goal is to merely vet candidates--and then act otherwise, that is the type of information the Capital should call out.

In terms of priorities, the Capital should have focused on the SBNC's violations of the Open Meetings Act and its own bylaws. Instead, the Capital made it clear that it doesn't really take these laws seriously, if only because their violation is so widespread that it would be unfair to pick on any public body for violating them. But if the Capital doesn't take the law seriously, why should the SBNC?

Even the best open meeting laws are not an adequate substitute for some genuine investigative reporting, which requires real work and putting the little guy's interests first. The real failure here was not with the SBNC but with the Capital for failing to do its journalistic job.


Publication: Capital
Date: May 20, 2008
Type: Editorial

The School Board Nominating Commission - the first to convene under a new law - has forwarded six names to the governor for his consideration for two school board slots.
Although the public knows who was chosen, it is been kept in the dark about why they were chosen. That's a troubling sign for a new public body.

The board decided to meet privately to discuss the candidates, then cast its votes in a public session. At least one commissioner, representing the teachers' union, also wanted the voting behind closed doors. Arguing against that, Commissioner Matthew Tedesco said the panel should be "as translucent as possible." Yet the panel decided to keep its discussions behind closed doors to avoid giving the nominees any discomfort.

Public bodies should be transparent. That's what the commissioners promised the public at their very first meeting. And isn't a robust discussion about future school board members the public's business?

A private meeting to discuss these nominations - on the ground that this is a personnel decision - may be within the letter of the law, but has nothing to do with the law's spirit.

If you apply for an influential public office, enduring a public discussion of your qualifications - and perhaps your temperament - isn't too much to ask. Would we want a county executive or County Council member chosen behind closed doors? Why should it be any different for a school board member who will have a major voice on our children's education?

A full and open discussion keeps the public informed and assures people that a public body isn't mired in cronyism or conflicts of interest.

Openness is not always convenient or easy, but it keeps public officials honest. We doubt legislators intended to drop a cloak of secrecy around this process when they created it last year.

Monday, May 12, 2008

Maryland Attorney General's Office Rules That School Board Nominating Commission Violated The Law

Maryland’s Open Meetings Compliance Board, a division of the Maryland Attorney General’s Office, ruled that the School Board Nominating Commission violated the Open Meetings Act when it met in secret to choose its bylaws. Since there are no legal penalties for violating this law, the significance of the ruling is negligible. In theory, there could still be penalties in the court of public opinion for violating the Open Meetings Act, but since the School Board Nominating Commission is unelected and half isn’t even appointed, even this penalty is largely non-existent.

The School Board Nominating Commission’s strategy hasn’t been to deny that it violated the law but to throw up a smoke screen for the press, arguing that the Commission’s Chair was ignorant of the law. My analysis, however, is exactly the opposite: the Commission violated the law precisely because its members knew the law all-too-well. They knew that the likelihood of reporting a violation is rare, that even if found in violation the legal penalties are non-existent, that the political class doesn’t take violations seriously (like driving 65 mph in a 55 mph speed zone), and that even if the press reported on the subject, it would have no interest in getting at the truth and would report without challenge the Commission’s arguments asserting that there were valid extenuating circumstances. Weighing the downside risk of violating the Open Meetings Act with the great inconvenience, time delays, loss of power, and greater risk of controversy associated with discussing the bylaws/procedures in public, the decision was easy to make.

On another matter, on May 5 the School Board Nominating Commission made a major change to its procedural rules. It ruled that a supermajority, eight votes, would be needed to send a vote to the Governor. Previously, only a majority, six votes, was required to do this. In general, political scientists consider supermajority requirements to be highly undemocratic. But in the case of the School Board Nominating Commission, this is especially so because five of the eleven members are appointed by interest groups, not an elected official. It effectively gives private interest groups a veto on the Commission’s nominations. There was a reason that six of the eleven members of the Commission were appointed by elected officials: the politicians knew it would be too embarrassing to give majority control to private organizations. This rule now makes a mockery of even that minimal level of democratic control.

The stated purpose of the change was to reduce the power of the five delegates to the Commission appointed by the Governor. A closely related goal was to increase the power of the Commission in relation to the Governor, a position advocated in previous Commission meetings by the teachers (Tim Mennuti) and administrators (Bob Ferguson).

Also interesting is that this item wasn’t on the publicized agenda for the May 5 meeting. It’s yet another example of rushing through major policy decisions without time for thoughtful deliberation. The Founders of our country created a democratic process based on checks & balances. This served to slow down the legislative process and force the legislature to consider more points of view than it would otherwise have done. At the time, the Founders wanted to avoid the type of rushed, ill-considered legislation that helped lead to the defeat of Ancient Athens, the historical example of democracy that they knew best. This rushed, ill-considered legislation—which will surely someday be overturned once the public fully appreciates its stench—is a modern day illustration of what our Founders were so wary of. The system of notice and comment, the bedrock of the open meeting system, is supposed to provide a check on this type of behavior. In this case, that check failed.

Sunday, April 13, 2008

Reflections on key developments concerning the School Board Nominating Commission since its March 25 public meeting

The following comments concerning the School Board Nominating Commission (SBNC) commence with its March 25 meeting and end with its April 10 press release. These comments include actions taken by the SBNC and actions taken by the School Board and General Assembly with regard to the SBNC.

On Monday April 14 at 7:00 p.m., the SBNC will hold its first public hearing broadcast live on Anne Arundel County Government Television.

This may be my last report and analysis of the SBNC—at least for 2008. With the coming SBNC hearings being heavily promoted and televised, I feel I can now comfortably fade out of the picture. One exception is if a major and unpublicized procedural issue arises. Another exception is my series of complaints and the SBNC's responses to those complaints filed with the Maryland Open Meetings Act Compliance Board. I may be one of the few people who consider such procedural issues a big deal; my hope is that those appointed to interpret and enforce the Open Meetings Act will take their responsibilities seriously.

March 19—Public notice of March 25 SBNC public meeting

On March 20 the SBNC sent out a press release announcing its next public meeting, scheduled for March 25. The website lists the date of the press release as March 19. Since SBNC’s bylaws state that public notice is to be sent out ten days before a public meeting, SBNC’s notice violated its own bylaws

Shortly before its March 25 meeting and in response to my complaint filed with Maryland’s Open Meetings Compliance Board, the SBNC posted the minutes of its two meetings held on January 23 and January 30. Both meetings were held in secret and in violation of Maryland’s Open Meetings Act. Prior to this posting, I was unaware that in fact two meetings were held illegally. The only Open Meetings Act violation I had known about was the January 23rd meeting. The website with the posted minutes makes no mention that the two meetings were held illegally.

March 25—SBNC public Meeting

On March 25, the SBNC held a public meeting to receive public testimony from three invited panelists on the proper role and desirable skills of school board members.

Other than a reporter from the Capital, I was the only audience member from Anne Arundel County present. In addition, there were three individuals from another County who were curious about the SBNC method of nominating school board candidates. Senator Simonaire’s aide also attended.

The panelists were Kitty Blumsack with the Maryland Association of Boards of Education; Penny Cantwell with CommerceFirst Bank of Annapolis; and Dr. Pamela Brown, Executive Director of Leadership Anne Arundel. The latter two were clearly chosen to serve, in part, as ambassadors from the business community. In a press release after the meeting, the SBNC summarized the testimony as follows: “Four overarching points were constants in all the testimony given to the Commission regarding what to look for when attracting, reviewing, and selecting potential Board members for appointment: a commitment to serve; an ability to listen to all sides; strong interpersonal and analytical skills; and a recognition that the proper role of Board members is to focus on policy making and strategic planning not school system operations.” Then it added a fifth point: “Another important recommendation from the panel related to remaining cognizant of the role that the business community can play in the strengthening of not only the Board of Education, but the school system itself.”

I don’t disagree that all the points in the summary were made by the witnesses. But there is one major theme that doesn’t appear in the summary. That theme is that the SBNC wants to appoint someone with business credentials who can credibly talk the talk of efficiency and accountability. The panelists emphatically stated--if abstractly and without relation to anything in particular--that the public wants board members who will use public resources efficiently. Members of the SBNC strongly echoed this theme—again abstractly--during the question and answer time.

My guess is that the SBNC will go out of its way to appoint one or more nominees who can be presented to the public as having business skills. This makes political sense. The school board is facing a huge structural deficit. The insiders know that a tsunami of pain is heading in the direction of parents. They also know that to get a tax increase passed to address the expected pain, it will be necessary to create the impression that the school board runs a tight ship. By the time budget reality finally begins to kick in with the public during May and June (after the County Council refuses to fully fund the school system’s structural deficit), picking someone with business credentials should be politically popular with just about everybody.

Do business people make better school board members? It’s hard to really answer this question because very few accomplished business people run for school board seats. And those who do run, win, and attempt to apply their business acumen often quit after one term, disillusioned with the difficulty of making any meaningful changes in the system. This doesn’t mean that a lot of business people don’t run and win, often on a platform including vague language of accountability and efficient use of taxpayer resources. But how do they actually perform once in office? Does all their rhetoric translate into meaningful action?

In my experience, having observed business people on school boards in many different communities, the answer is surprisingly “no.” People with business credentials who run for the school board are usually smart enough to recognize that the only political payoff is to talk like a business person, not act like one. If not, it usually doesn’t take them long to learn better.

So if business people rarely choose to use the skills for which they are lauded, does that make them bad school board members? The question, then, largely becomes one of motives. My guess is that business people are no more likely than other board members—and perhaps less so--to deep down in their bones really care about education. Many are on the board primarily to create visibility for themselves, either because it helps their business or political careers. For example, the last thing a community bank wants is to have one of its executives stir up controversy. If that executive is visible in the community in an uncontroversial authoritative way, then great, it’s good for business; the business person cum school board member becomes a rainmaker. Similarly, a business person using the school board to launch a political career will have no interest in stirring up any hornet nests. If a school maintenance department is incompetent, if public school construction costs twice as much as in the private sector (and results in ugly, factorylike buildings that endure for decades), and if making commitments creating a long-term structural deficit won’t create a political backlash during their term of office, their political philosophy is most likely to be “let sleeping dogs lie.” Why follow their business principles if the only result will be to stir up trouble that cannot help them achieve their true ambitions?

In America, we have created school boards constituted by lay people. The American public deeply mistrusts experts as democratic representatives because it understands that all the expertise in the world is of no use if the expert has no incentive to use his expertise to represent the public interest. That’s why a passionate, committed mom often makes a better school board member than a business person.

King Solomon, renowned for his wisdom, once faced a dispute between two women who each claimed the same baby as her own. To resolve the dispute, King Solomon ruled that he would cut the baby in half and give half to each woman. One of the women then immediately cried that she would give up the child. King Solomon knew that that was the person who truly cared about the child and therefore must be the true mother. School board members are like the moms; they all profess from morning to night that concern for the kids is all that drives them. In my experience, the school board business person is much more likely to be the fake mom.

Along these lines, I thought it was humorous when the head of the administrators’ union asked the three panelists: if business skills are important in a school board member, then shouldn’t we get rid of the student member of the board? This was funny because, when someone is a school board member negotiating with the administrators’ union, one doesn’t think of the administrators’ union, to put it mildly, as representing business values. I will be curious to see if the administrators’ union, during the SBNC’s public hearings, asks any hard nosed business questions of the school board candidates. If they did, I would be frankly shocked.

Quite surprisingly, the union leader’s question turned the tide of the discussion on business skills. All three panelists jumped to the defense of student members of the board, arguing that a good board is made up of people with a diverse set of skills and interests and that, in their experience, student members of the board made valuable contributions to school boards and often more so than their adult counterparts. More generally, the panelists reiterated that diverse skills, not just business skills, should be valued in a board.

Near the end of the meeting, SBNC’s Chair asked if there were any questions from the audience. I raised my hand and observed that the SBNC had violated its own bylaws when it sent out its notice for this meeting less than the 10 days required in its bylaws. I then asked how the SBNC would respond to this violation and if there was any penalty when the Chair violated the SBNC’s bylaws? The Chair responded that he simply does the best he can and there is no penalty when the bylaws are violated. I thought that, under the circumstances, this was a good answer. But it was alarming that not a single member of the SBNC said they were in any way upset by the violation and would try to make sure that it wouldn’t happen again.

My overall assessment, admittedly a cynical one, is that what the members of the SBNC got from this meeting is a set of vocabulary to describe how they should frame their final selection criteria. The words used at this hearing will be the types of words they will use to justify their final decisions to the public. But these words will mostly be make-believe; they will have little or no relationship to the negotiation of interests that will go on in the backrooms.

Corresponding to the make-believe aspect of the meeting, the elephant in the room during the discussion was the importance of political skills in a school board member. Nobody mentioned the importance of such skills. It never came up. But from my observations and from having read quite a bit about school board politics, political skills are essential in a school board member. There is an incredible amount of make-believe that goes along with being a successful school board member. Indeed, sometimes I think that, like the famous tale of the emperor’s clothes, the most important skill in a school board member is to regress to first grade math skills so as to avoid having to acknowledge the budget math self-evident even to simpletons. Perhaps in this deeper sense the political values reflected in this meeting, though never openly stated, reflected the true skills that go into becoming a successful school board member.

April 2—School Board Vote on HB1607 and Senate hearing on HB1607

On the morning of April 2, the school board voted unanimously (8-0) that the student member should be paid the same as the other members of the School Board. School Board member Mike Leahy then went to the same day Senate hearing on HB1607 and reported the result of the School Board’s vote. This apparently caused Anne Arundel County Delegation Chair Maryann Love and House Speaker Mike Busch to be furious. They were caught totally unprepared by both the School Board’s vote and Mike Leahy’s testimony reporting it. In the end, however, the School Board vote made no difference. On April 5, late in the night and only minutes before the end of the General Assembly’s session for 2008, the bill sailed through the Senate without amendments and ready for the Governor’s signature.

Why the hectic rush near the end of the session? One classic reason to rush last minute business is to make sure that opponents don’t have time to mobilize. In this case, however, there was an additional reason. The legislation setting up the SBNC had flaws that needed to be fixed. The SBNC needed official staff support, and the original version of the bill failed to provide that. Incumbent school board members also wanted to be paid as much as the school board members appointed under the new system. Thus, if the only practical choice was the bill as it existed or the status quo, the choice was easy. The bill was an improvement over the status quo with or without the provision to turn the student member of the board into a second class member of the Board. By waiting until the last possible moment, the option set was restricted to just two choices, and that rendered the School Board’s vote politically irrelevant. All this is Procedural Politics 101. But for those who don’t understand how the game is played, it can be useful to point out.

April 2 –Press release announcing 21 applicants for open seats

On April 2, the SBNC announced that 21 applicants had applied for the two contested seats open this year. Why the huge number? I think the key was the Capital article published a few days previously announcing that no one other than Tricia Johnson, a current board member, had either applied or publicly announced their candidacy for the two positions. Consider this comment by one of the 21 applicants, Roberta L . (Kitty) St. Romain, in response to the question why she was interested in serving on the School Board: “I am interested in serving on the Board because I was horrified to learn that there were no applicants for positions that have the potential to positively influence the community.”

In politics, potential candidates are very sensitive to who else is or might run for the same office. Candidates then decide whether they have a chance of winning and act accordingly. In the great majority of elections, promising candidates announce early and scare off potential rivals who decide they have no chance of winning. In this case, a very unusual political dynamic was set up where all those who were considering running decided it wasn’t in their self-interest to publicly announce their candidacy.

On the question of the electoral rights of incumbent school board members, there was a lot of confusion (including by me) about what procedures incumbent school board members would have to follow in seeking reappointment to the Board. The statute wasn’t clearly drafted and so the SBNC didn’t know how to interpret it. Thus, it solicited the opinion of Maryland’s Attorney General. The consensus now appears to be that incumbent school board members will have to go through the SBNC process just like any other candidate. This corresponds to the process used by the previous School Board Nominating Convention and has been revealed to be the intent of those who drafted the statute. This issue now appears to be finally resolved.

April 7—Press release with updated count of applicants

In this press release, the SBNC announced that the number of applicants it previously announced had been “misreported.” No explanation was given for how the number could have been misreported. The new total number was 19. Subsequently, the number has dropped to 18. If the SBNC follows a vetting voting procedure, I think there is a good chance that the number of applicants will stay high. Otherwise, I expect it to drop considerably before the final vote is taken. Candidates who know that it is very unlikely that they will win won’t want to embarrass themselves unnecessarily.

April 6—Letter to Open Meetings Compliance Board explaining SBNC’s violation of the Open Meetings Act

In a letter dated April 6, the SBNC’s Chair responded to my March 6 complaint about its violation of the Open Meetings Act at its January 23rd meeting. According to the law, the SBNC had 30 days to respond (the SBNC took 31). In practice, the Open Meetings Compliance Board uses 30 days plus the time a particular correspondence is in the mail. The SBNC letter acknowledged that it violated the January 23rd meeting but didn’t mention either the existence of a January 30th meeting or that it also violated the law by holding that meeting in secret. When I filed my original complaint in mid-February, I did not know about the existence of the January 30 meeting.

The gist of the SBNC Chair’s excuse for violating the law was that he was ignorant of it at the time of the violation and lacked staff support. My guess is that all these excuses are primarily for PR purposes. According to my understanding, ignorance of the Open Meetings Act—even if it were true--is not a valid excuse for public officials who violate it. The Open Meetings Compliance Board has no enforcement powers, just the power to rule whether the law was, in fact, violated, which means that the only true enforcement power is the court of public opinion. Thus, SBNC doesn’t really care about what the Open Meetings Compliance Board rules; what it cares about is how that ruling might be framed in the press.

April 10— Press release with changes to public hearing format

In a press release dated April 10, the SBNC announced it would drop television coverage of the second phase of its public hearings. Faced with the choice of dropping the broadcast of embarrassing testimonials to the entire County or changing its pre-announced format for its second phase of public hearings, the SBNC has decided to do the former rather than the latter. I am frankly torn by this decision. On the one hand, I thought the format for the second phase of public hearings was subject to abuse (see my last post before the March 25 public meeting), with the greatest potential harm done if it was televised. On the other hand, television is one of the few meaningful ways to make the Commission democratically accountable. Televised debate formats that allow for audience give-and-take are very popular and informative (think of the CNN presidential debate with the Youtube questions and talking snowman).

My overall philosophy about the SBNC is that whether it is a poorly designed democratic institution or not doesn’t matter that much if it is exposed to enough sunlight. Sunlight will disinfect the SBNC’s undemocratic propensities. And I believe that TV coverage and accessible records could provide a good measure of that disinfectant. Thus, when TV coverage and record keeping is made impractical, the SBNC is weakened as a democratic institution.

The SBNC might argue publicly that cost was the reason for dropping TV coverage of the second phase of the public hearings. But I don't buy that because the TV infrastructure is already available in the County Council chamber, and coverage of public candidate debates is one of the highest and best uses of this infrastructure. In Vermont, where I originally came from, volunteers would televise such debates in political districts one fiftieth the size of Anne Arundel County. The broadcasts would then be preserved and become part of the public record.

The SBNC could yet change its mind. It could come out and say it was able to find the resources to cover the second phase of its hearings. But it’s my educated guess that this is not how it’s going to play out.

Conclusion

Despite all my criticisms—and perhaps in part because of them—the SBNC is off to a pretty good start. I believe it is struggling with its natural undemocratic tendencies and discovering that to preserve its good name it will not only have to spout democratic rhetoric but actually take steps to live up to it. I am frankly quite curious to find out whether this will, in fact, be the case.

Thursday, April 3, 2008

School board wants equal pay for student

Publication: Capital
Title: School board wants equal pay for student;Unanimous vote supports $6,000 paycheck for teen member
By: Elisabeth Hulette
Date: April 3, 2008

The county Board of Education agrees its one student member is equal to her adult counterparts and should be treated and paid equally. The members even voted yesterday - unanimously, 8-0 - to say so.

The vote was spurred by discussion of a state bill that gives adult board members their expected raise earlier than planned. But the bill also would keep the student member working for a lower salary than the adult board members.... (click title for full article)

Thursday, March 27, 2008

Two school board openings, no candidates

Publication: The Capital
Title: Two school board openings, no candidates; Tuesday deadline approaching
By: Erin Cox
Date: March 27, 2008

Wanted: school board members.

Must have ample free time, business acumen, public relations skills, no special-interest agenda and work well with others. Apply immediately. To repeat: immediately.

Less than a week remains before the application deadline for two spots on the county's Board of Education. Zero applications have been submitted.... (click on the title for the rest of the article)

Tuesday, March 25, 2008

Reflections on key developments concerning the School Board Nominating Commission since February 20, 2008

The following are my reflections on key developments concerning the School Board Nominating Commission (SBNC) that have occurred since February 20, 2008. These include the second meeting of the SBNC, the SBNC’s publicly released application for school board candidates, the Maryland Attorney General’s opinion clarifying ambiguities in the enabling legislation that created the SBNC, and the legislation from Maryland’s General Assembly amending the legislation passed last year.

February 20, 2008--Second Public Meeting and Release of Bylaws

On February 20, 2008 the School Board Nominating Commission met for the second time in public. The notice for the meeting said that public comments would not be allowed at the meeting. This time only one member of the public, other than the Capital reporter, was present. I was unable to attend this meeting, so my information comes from Tom Frank (the member of the public present), the Capital’s report on the meeting, and the bylaws that came out of the meeting.

The two main purposes of the meeting were to pass the bylaws and to discuss additional procedures that would guide the operations of the School Board Nominating Commission. The bylaws were developed in secret, and at no time prior to their passage was the public given a draft of them either to review or provide comments upon. The standard practice in American democracy is for the rules of public bodies to be posted publicly before they are voted upon. I am not aware of any democratic theorist who has ever argued for doing otherwise.

The bylaws mostly come across as unobjectionable boilerplate for this type of entity. The existence of grammatical mistakes suggests at least some divergence from canned bylaws. Some of the bylaws noteworthy features are discussed below.

The bylaws state that the public will be given at least ten (10) days notice of the Commission’s public meetings. This is not as much notice as the School Board Nominating Commission gave, but it’s a significant improvement over the much briefer notice the SBNC gave for its first two public meetings.

Unfortunately, this clause hasn’t gotten off to an auspicious start, as I received notice of the Commission’s third meeting, set for March 25, on March 20 (only five days before the announced meeting). On the Commission’s website, the press release giving notice of the March 25 meeting is dated March 19.

These facts raise two questions. Why do the press releases seem to be sent out after the dates posted on them? And what happens when the SBNC violates its own bylaws? Clearly, the SBNC doesn’t take its own bylaws very seriously. If the SBNC can so easily disregard its own bylaws, it raises the question of whether the public should take them any more seriously.

Other than the ten day notice clause, the general tenor of the bylaws is that the SBNC will do the minimum necessary to comply with the Open Meetings Law and Public Information Law. This is touched on in the complaint I filed on March 18, 2008 with Maryland’s Open Meetings Compliance Board. The gag clause seems especially onerous because its presumption is that the burden of justification should be placed on openness rather than secrecy. The gag clause reads as follows:

Except as may be required by law, all information received by the Commission, including, but not limited to, applications, communications, correspondence, and notes received in a written, oral, or electronic manner shall be held in the strictest of confidence and shall only be discussed or disseminated among Commissioners to be used in the performance of their tasks and undertakings as provided for in these Bylaws. Any requests for the disclosure of Commission information and materials shall be reported to the Chairperson as soon as practicable. (Article VIII, page 6)

Will the SBNC really enforce this rule with respect to the interest group and other political patrons of the SBNC’s commissioners? I doubt it very much. The practical import of a gag clause like this is just to keep the public in the dark.

Overall, I would say that the bylaws are most interesting for the procedural issues they don’t cover rather than those they do. For example, a key question not addressed in the bylaws is how the SBNC will vote on candidates and how the public hearings will be conducted. The SBNC addressed these issues but hasn’t yet come to agreement on how to handle them.

The Maryland legislation creating the Commission requires that it hold two public hearings. The SBNC has decided to televise those two hearings on the County’s government access channel. I applaud that step, but I also believe it runs far short of what is needed. I had pushed for webcasting and archiving the hearings. The SBNC has apparently decided not to do this.

There is an economic conflict of interest involved in this decision because the SBNC includes representatives from Comcast and Verizon, companies which provide TV service in Anne Arundel County. The conflict arises because only about 60% of Americans subscribe to either cable or telco provided TV. The rest get their TV via satellite or over-the-air broadcasting. Giving the telcos and cable companies an exclusive right to televise local candidate coverage gives them a competitive advantage.

There is also, perhaps more importantly, a political conflict of interest. Comcast has a de facto policy of not archiving and making accessible its candidate TV coverage (e.g., Comcast airs local candidate interviews on CNN Headline News just before elections). Comcast does this, in part, because it knows that politicians hate to have these types of records lying around. Since a major reason Comcast provides this TV service is to cultivate goodwill among politicians, it would make no sense to distribute candidate videos in a way that might alienate those politicians. However, what is good for politicians and Comcast is not necessarily good for democracy. In the age of YouTube, there is simply no good excuse not to webcast as well as cablecast the public hearings, and then archive those hearings as an important historical record. Moreover, as a result of more than $10 million of public, educational, and government access TV funds—funds that were generated as a result of a congressional statute seeking to enhance citizen access to information about their communities and government--the County has an immense array of fancy internet equipment (far more than most YouTube users could even dream of) that can and should be used to for this purpose.

The SBNC has also apparently decided to use the first hearing to allow the candidates to present their case and provide time for SBNC’s commissioners to ask questions of the candidates. The proposed use of the second hearing is to allow members of the public to comment on the candidates.

I like the proposed format for the first but not the second hearing. Part of me does like the radical, highly unusual format of the second hearing because it suggests a desire for openness. On the other hand, I cannot imagine a single elected official in our County who would allow himself to be subject to such a public format because it is a blazing invitation to abuse. Who would speak up at such a meeting? Would they be representative of the public? Or would they be stacked by special interest groups—what every politician would expect and fear? Generally, when politicians are willing to open themselves to public comment it is not in a high stakes, televised, and recorded environment where they aren’t given control over who and on what terms their critics are allowed to speak.

The format of the second hearing also reflects a conceptual misunderstanding. SBNC seems to think that the purpose of the public hearings is to hold the candidates accountable. I would agree that that is one purpose of the public hearings. But I believe the far more important purpose is to hold the SBNC’s commissioners accountable. The public needs to hear the questions they ask of the candidates and how the commissioners respond to the candidates’ answers. The public then needs to be able to compare the commissioners’ votes on the candidates with the information revealed at the public hearings. This will give the public a better sense of whether the public hearings are a mock exercise in democratic deliberation. The commissioners need to provide a public display of democratic legitimacy. But they also have a powerful incentive to engage in closed door, power politics negotiation. The public hearings should provide the public with a way to gauge whether the decisions actually made by the commissioners correspond to their public rhetoric.

An alternative format for the second hearing would be to do what the School Board Nominating Convention did: allow citizens to ask questions of the candidates. However, the Nominating Convention provided three nights rather than one for asking such questions. In addition, the questioners, to become members of the School Board Nominating Convention, had to be vetted by their local communities. These are major differences, and they make the citizen question format less desirable.

More generally, the democratic theory behind the SBNC is that it is representative of the public; otherwise, its powers make no sense. With minimal time for a public hearing, the first priority for the public should be to assess how well those representatives actually represent them. The design of the public hearings seems to take that representation for granted.

Perhaps the most important issue discussed at the February 20 meeting was whether the commissioners would simply vet the candidates’ qualifications for serving on the school board or pick only their top two choices. The first system, advocated by the Chair of SBNC (and favored by me), would suggest an up or down vote on each candidate (called “approval voting”). The second system, advocated by some other commissioners, would aggregate all preferences so that only the top two with the most votes would be nominated for selection by the governor.

In practice, I’m pretty confident that the two voting mechanisms would result in the same outcome: just two candidates being sent on to the governor. The reason I say this is that the commissioners, in the long run, will naturally tend to want to maximize their own power, and they can best do this by nominating only two candidates. Indeed, I would go further and say that SBNC’s interest group representatives have a fiduciary duty to the organizations that appointed them to seek to maximize their own power and thus, by extension, SBNC’s power. Their comments, as reported in the Capital, would bear out this analysis of their self interest.

What I like about the approval system is that it would make the commissioners more accountable to the public because it would reveal a lot more information about their true preferences.

As I understand it, no final decision has been made about whether the individual votes of the commissioners will be made by public or secret ballot. In general, the theory of representative democracy is that the public should be able to know how their representatives voted. In practice, however, representatives hate to give up control over this information and are very clever at designing systems to prevent its revelation (I am currently writing a major national report on just this issue). I don’t expect that SBNC’s commissioners will be able to pull off a secret ballot; it would offend the public too much. But on the more subtle question of on-the-record up-and-down votes, I’m confident that they will eventually get their way, even if it isn’t during the first year of SBNC’s operation.

An important fact in assessing the desirability of the type of candidate-by-candidate voting I recommend is that, regardless of the voting system selected (individual vs. aggregate and public vs. secret ballot), insiders will know this type of voting information. That is, by the end of the nominating process it’s likely that the commissioners will know each other’s preferences. It’s also likely that it will be in their self-interest to reveal their own and their fellow commissioners’ preferences to their political backers. Thus, it doesn’t matter whether bylaws or any other procedure says otherwise: the insiders will have all the information necessary to hold the commissioners accountable. Only the public will be left out of the political calculus--a voting design that harms democracy.

March 6, 2008--Application for Appointment to the Anne Arundel County Board of Education posted on SBNC’s website

Like the School Board Nominating Convention, candidates are asked to fill out a long application concerning their qualifications and public policy agenda. The application, released on March 6, doesn’t say whether the answers will or will not be made public. However, the intermixing of private contact information with the rest of the questionnaire suggests that the answers will only be available to the SBNC’s commissioners and their political allies. I suggest that the practice adopted by the School Board Nominating Convention, which was to make such applications public, should be adopted. This is especially so if the SBNC plans to hold a public hearing with public questions.

In terms of the content of the application, I would recommend dropping the question concerning the three most critical questions facing Anne Arundel County. That’s a reasonable question for the public hearing, but in the context of the SBNC, it’s not a good question for the candidate questionnaire. Like the Judicial Nominating Commission application, it should focus on a candidate’s past accomplishments. I would be a bit more sympathetic to asking this written question if I knew the answer would be posted publicly on the SBNC’s website. Since that doesn’t appear to be the intention, such questions should be reserved for the public forum.

I would also recommend eliminating the fifteen year clause attached to each of the biographical narratives. Despite its innocuous wording, it is simply unnecessary and will tend to cause younger but qualified people not to apply.

Lastly, all prospective SBNC commissioners should be required to fill out an identical questionnaire and post this information on the SBNC website as a condition for their appointment to the SBNC.

March 10, 2008—Maryland’s Attorney General provides a written opinion to the SBNC concerning its role in nominating incumbent school board members.

The Chair of the SBNC sought to resolve ambiguities in the legislation creating the SBNC by asking for various opinions from Maryland’s Attorney General. The questions to the Attorney General were not posted on the SBNC’s website. The Attorney General’s answers were, but without repeating the questions. The Chair’s confusions resolved around the re-election rights of incumbent school board members appointed under the previous nominating system, and the necessity and timing of retention elections for those already appointed to the school board.

Even with the Attorney General’s letter, I am still confused about the exact set of rights that incumbent school board members have. It appears that the nominating system will no longer vet incumbent school board members seeking a second term. Under the previous nominating system, incumbent school board members were vetted by the School Board Nominating Convention. The Attorney General ruled that currently sitting incumbents would be able to bypass the SBNC and automatically be nominated to serve on the School Board for a second term. This would be striking because legislative and newspaper editorial advocates for establishing the SBNC repeatedly told the public that the SBNC would correct a major defect in the School Board Nominating Convention system of nominating candidates: that the governor could bypass the Nominating Convention’s nominees. Now it appears that under the new law the SBNC has no control over the nominations of incumbent school board members.

March 16, 2008—The Capital’s Eric Hartley writes an opinion piece raising concerns about the SBNC

After a series of news articles and editorials during the past 16 months endorsing the SBNC procedure, the Capital published an opinion piece by Eric Hartley suggesting that the SBNC might actually have some institutional downsides. Hartley seems to have actually read and thought about the legislation, rather than merely regurgitated information off a press release. Bravo to him and the Capital!

I don’t want to give too much praise to the Hartley article because I don’t buy into his theory that the SBNC is a Democratic plot against the Republicans. But I do very much like his conclusion: “American history is full of hedges against unfettered democracy…. But if that is really what’s behind this convoluted school board process—if our lawmakers think we cannot be trusted—just tell us.”

March 21—Maryland’s House Passes Bill HB1607 to amend certain flaws in the legislation setting up the SBNC

Without any public hearing or discussion, the Maryland House passed legislation (132-6) to fix certain problems with the original SBNC legislation that had become evident. The legislation is a bit jarring because last year we heard our County leaders saying that, after a decade of debate and numerous public hearings leading up to passage of the legislation creating the SBNC, they expected not to have to revisit this issue for thirty years. Now we are seeing several amendments to the original legislation rushed through the legislature at the end of the session.

There are two major changes to the legislation. First, it provides staff support for the SBNC. The School Board Nominating Convention relied on volunteer help, but, as an official government entity, the SBNC needs professional staff. The Department of Legislative Services has been given this role. It seems to me that this amendment is good for the SBNC. I’m not sure, however, if it’s good for the Department of Legislative Services, which has over the years studiously tried to stay out of partisan and special interest politics. The responsibilities of the Department of Legislative Services are left ambiguous. But if they eventually come to include candidate relations and even possibly recruitment, as I expect they will, then a danger zone will have been entered.

Why was the Department of Legislative Services given this role? It’s interesting to note that no money was allocated in the legislation to pay for their services. Nor did the accompanying fiscal and policy note, mandated by Maryland law, estimate their cost. If this was Congress, this would be a clear violation of the law. My guess—and I could be wrong on this—is that it’s also a violation of Maryland law for the legislature to mandate new expenditures and not disclose their cost. Admittedly, the amendment is written so vaguely it’s hard to put a cost on the assigned tasks to be provided by the Department of Legislative Services. But it’s certainly not zero, and given the high cost of state employees (including benefits and overhead), I doubt it can be less than $40,000/year, especially given that SBNC meets at the busiest time of the year for legislative services, which is when the General Assembly is in session. Remember that the SBNC has been complaining to the legislature that this is a very time consuming job, what with dealing with 11 commissioners, candidate applications, public relations, and a website that needs to be regularly updated. I believe that this has also been their excuse for violating the law (Maryland’s Open Meetings Act).

My guess is that putting in a $40,000+ figure to maintain the SBNC would have been perceived as embarrassing. Moreover, by allocating the cost to an ongoing organization, it was perceived to be easy to hide. From this I infer that one of the chief attractions of writing such a vague job description, violating rules concerning disclosure of expenditures, and assigning an inappropriate job to the Department of Legislative Services, was to avoid public disclosure of this cost.

The second amendment involved pay for incumbent school board members. The previous legislation only paid compensation to new school board members appointed under the new electoral system. As a result, the incumbent school board members complained to the legislature that they were being treated unfairly: for equal work there should be equal pay. A competing theory is that people who have agreed to a contract for one price should not be able to renegotiate that contract before it expires (this is why politicians usually get newly approved pay increases only after the next election). The incumbent school board members, however, didn’t want to wait for reappointment to get their equal compensation.

If this compensation increase was so important to the sitting school board members, why didn’t they just include it in the school system’s budget rather than having our County’s delegation to the state legislature include it in legislation? Did the sitting school board members know that voting on a salary increase for themselves would be controversial and that by having the legislature do the deed quickly and quietly this potential controversy could be avoided?

A striking feature of the equal pay for equal work argument is that it ignores the student member of the school board. Does that mean the incumbent school board members making this case are simply assuming that the student member does not do equal work and is therefore undeserving of equal pay? That would appear to be the only way to make sense of their argument to the legislature.

Until last year, the student member of the school board was treated equally with the other board members. Then, just a few days before the legislation creating the SBNC was passed in the House--and without any public hearing--an amendment was slipped in to exclude the student member from the compensation to be paid the other school board members. This was presented as an innocuous amendment, but it actually represented a radical change. Henceforth, the student member would be a second class member of the school board and would become dependent on other board members for reimbursement of expenses.

So why does the principle of equal pay for equal work not also apply to the student member? The Chair of the Anne Arundel County House delegation now says it’s because the student member doesn’t need the money as much and gets a greater reward than the other board members in terms of resume padding. But can these claims withstand scrutiny? Students arguably have higher expenses than the other board members because the other board members already have cars whereas a student often has to purchase a car and auto insurance to serve on the school board. The practical effect of not giving the student compensation is that students who don’t come from well off families won’t be able to serve on the board. In terms of resume padding, many school board members use their office as a stepping stone to higher office, a better lobbying job, a better school system job, more offers to serve on prestigious boards, and other types of career and social advancement. Why is this so different from a student who, too, has benefited from serving on a school board? (Disclosure: my daughter is currently the student member of the school board. But I should note that she would not personally benefit from any pay increase because the pay increases for the additional school board members would not take effect until July 1, 2008, after her term expires.)

If I had my druthers, the single most important amendment the legislature should introduce would be to increase the number of individuals from two to three that the SBNC has to nominate for each open school board position. The current system makes it far too easy to rig the system so that the SBNC takes on both the roles of nominating and appointing candidates. Consider the following scenarios. Let’s say the SBNC knows the governor wants to select a Democrat to serve on the School Board. Then all it has to do is nominate a Republican and Democrat to have de facto appointment power. Similarly, let’s say that during a particular year the governor wants a woman (or man), black (or white), North County resident (or South County resident), businessman (or parental activist)—you fill in the blank. All the SBNC has to do then, is pair up someone with an undesired trait with someone with the desired trait. The result is that the governor has no option but the one the SBNC wants. Meanwhile, the SBNC looks good to the public for sending a “balanced” slate of candidates to the governor.

If the SBNC were constituted as a representative body (rather than as an advisory body) this wouldn’t be a big deal. But to give self-selected interest group representatives the power to administer $1 billion in tax revenue is a gross abuse of democracy. I believe that requiring the SBNC to nominate a minimum of three individuals would greatly reduce its ability to engage in this type of strategic behavior.

If anyone is aware of a similar unelected body in the United States with so much power to select representatives to spend taxpayer money on behalf of the public, please let me know. I am also unaware of a public purchasing committee anywhere in the United States (e.g., at the U.S. Defense Department) where a significant proportion of the committee members represent independent organizations who have a direct financial stake in the committee’s purchasing decisions.

When it comes to advisory committees, the standards are very different. There the possession of expert knowledge relevant to a decision trumps other considerations. But the SBNC is currently structured to be far more than an advisory body; it has huge powers to act on behalf of the public.

Please note that the Judicial Nominating Commissions, which are cited as a precedent for the School Board Nominating Commission, has thirteen members, nine appointed by the governor, including the chair, and four chosen by the presidents of the local bar associations. For the Governor’s last appointment on February 25, 2008, the Judicial Nominating Commissions chose from an applicant pool of twenty-five names and sent eleven names to the Governor (including those vetted during the past two years) for an open seat.

My guess is that over the next few years we’ll see a lot of legislation introduced to fix the flaws in the current SBNC system. If the past is any guide, that legislation will be introduced at the last minute, without public debate, in the dead of night.

Conclusion
I’ve dwelt on the dangers of allowing the SBNC to publicly endorse one set of values and privately pursue another. One of the dangers of allowing this type of discrepancy has not been mentioned. It is that it will tend to discourage qualified candidates from applying to become school board members. If candidates sense that all the talk about openness and reasoned deliberation is mostly for show and that the recruitment and choice of candidates will in reality be an inside job, then fewer qualified candidates will seek to apply to become school board members. The SBNC has stated that its primary goal is to recruit and nominate as many highly qualified candidates as possible. If this is indeed its true desire, then it should devote its utmost effort to preserving the integrity of its process.

Tuesday, March 18, 2008

Second Complaint File with Maryland's Open Meetings Compliance Board

Today I filed a second complaint with Maryland’s Open Meetings Compliance Board concerning the School Board Nominating Commission (SBNC). The first complaint was filed on February 16, 2008. This new complaint focused on two obscure provisions of SBNC’s bylaws, which were passed on February 20, 2008, and pointed to some hard-to-justify differences in the stated intent versus actual implementation of the Open Meetings Act. Unlike the first complaint, which focused on blatant violations of the Open Meetings Act, this complaint focused on areas where the School Board Nominating Commission was apparently following the letter of the law but clearly violating its intent and spirit.

No one should be under the illusion that violating the Open Meetings Act is considered a serious offense by law enforcement authorities. The reason the Open Meetings Act and the Public Information Act are so frequently violated is that they are not enforced in any meaningful way and thus taken no more seriously by office holders than speed limits or mandates to pay the payroll tax for babysitters. On the other hand, democracy requires that citizens be able to hold their representatives to account. So when our representatives play the game of spouting openness but practicing secrecy (especially when that secrecy involves vital issues of public concern), the public is harmed.

I hope to write up my reflections on the SBNC’s last meeting (February 20, 2008), new bylaws, and other related actions, either later today or, most likely, tomorrow. Please note that the next meeting of the SBNC is scheduled for Tuesday, March 25, 2008. At the February 20, 2008 meeting only one member of the public, other than the Capital reporter, was present.

Second complaint URL

http://s173754652.onlinehome.us/CASB/SchoolBoardNominatingCommission--OpenMeetingsActViolationLetter--3-18-08.doc

First complaint URL

http://s173754652.onlinehome.us/CASB/SchoolBoardNominatingCommission--OpenMeetingsActViolationLetter--2-16-08.doc

Sunday, March 16, 2008

New rules, but same old politics shape school board

Publication: Capital
Title: New rules, but same old politics shape school board
Date: March 16, 2008

http://www.hometownannapolis.com/cgi-bin/read/2008/03_16-60/PRI

Thursday, March 6, 2008

School Board Nominating Commission of Anne Arundel County - IMPORTANT NEW INFORMATION

From: Anderson, Sandie [mailto:Sandie_Anderson@cable.comcast.com]
Sent: Thursday, March 06, 2008 4:05 PM
To: Anderson, Sandie
Subject: School Board Nominating Commission of Anne Arundel County - IMPORTANT NEW INFORMATION

All –

Please find attached the March 5th School Board Nominating Commission media press release which announces the launch of the Commission’s official website as well as announces the Board of Education Member Candidate Application process. As you know our goal is to reach as many citizens as possible with this information.

Please consider the following.

1) Providing a link from your organization’s homepage to the Commission’s website. Something along the lines of “For Information on the new School Board Nominating Commission please click here”

2) Immediately sending the press release and/or notice to your membership sharing the information on the candidate process.

3) Include this information in any regular communications [email blast, newsletters, etc.] you might have with your membership over the next month

Application deadline is April 1, 2008. Specific details can be found at http://www.aacps.org/sbnc/

If you have questions please feel free to contact me directly.

Thanks for your support and assistance in this endeavor.

Sandie Anderson

Sandie Anderson Communications Manager Comcast Bay Shore Group
253 Najoles Road Millersville, MD 21108 (tel) 410.729.8007 (fax ) 410.729.8001
sandie_anderson@cable.comcast.com www.comcast.com

Wednesday, March 5, 2008

SCHOOL BOARD NOMINATING COMMISSION OF ANNE ARUNDEL COUNTY LAUNCHES WEB SITE, ANNOUNCES OFFICIAL CANDIDATE PROCESS

The School Board Nominating Commission of Anne Arundel County announced

today it has officially launched the commission’s web site at www.aacps.org/sbnc. The

Commission web site will provide detailed information on the Commission’s bylaws,

structure, timeline, and public process.

The Commission has also announced its official candidate application process.

Details can be found at www.aacps.org/sbnc. Anne Arundel County School Board

Candidate applications will now be accepted by the Commission until close of business

April 1, 2008, by mail or e-mail.

Applications should be submitted to School Board Nominating Commission of

Anne Arundel County, P.O. Box 591, Annapolis, MD 21404-0591 or electronically to

sbncacc@gmail.com. Inquires should be directed to sbncacc@gmail.com.

P.O. Box 591

Annapolis, MD 21404-0591

sbncacc@gmail.com

Friday, February 22, 2008

Ninth seat coming to Anne Arundel school board

Wednesday, February 20, 2008

School board nominating process taking shape

School board nominating process taking shape

No limits on number of candidates sent to governor

By ELISABETH HULETTE, Staff Writer

Published February 21, 2008

The new committee that will select county school board members is placing no limit on the number of candidates it can send to the governor.

Three of the 11 members of the School Board Nominating Commission voted last night against the plan, under which any applicant that garners a simple majority of commissioners' votes - six out of the 11 - will be sent as a candidate to the governor.

The commission was created by the legislature last year hurriedly and with little attention to detail. Its members voted last night on a process, timeline and officers - details crucial to selecting candidates for the county Board of Education.

The commission is charged with submitting at least two candidates for each open seat on the school board to the governor, who must appoint one of them to the board.

Three of the 11 commissioners - Richard Kovelant, of the Association of Educational Leaders, Tim Mennuti of the county teachers' union and Lee Roy Payne, who was appointed by the governor - voted against selecting candidates by a simple majority vote.

"A simple majority does not do the process justice," said Mr. Kovelant, who argued the commissioners should score candidates and send only the top-scoring candidates to the governor.

Mr. Mennuti said one negative is that under a simple majority vote, the commission could potentially send every applicant to the governor for consideration, if every applicant earned six commissioners' votes.

"We should manage the board so they have a collection of talent," he said. "We want them to be a diverse candidate pool."

Joshua Greene, chairman of the commission, said the simple majority vote is similar to how judges are nominated in the county, and there was some expectation that the commission would work the same way. He did not say who held that expectation.

The 11-member commission has five members appointed by the governor, one appointed by the county executive and five appointed by local interest groups.

The commission is a change from the previous system, under which local interest groups in a nominating convention submitted names to the governor, who could then appoint those candidates or anyone else he wanted.

Two seats will be open this year - board president Tricia Johnson's seat as she comes up for reappointment, and a new ninth seat that was also created by the legislature last year.

Mr. Greene drafted the process documents and timeline with communication from the state Attorney General's Office, the legislature and some county school system officials. The other commissioners approved most of those drafts, which are subject to change.

The commission agreed:

On two officers: Matthew Tedesco, one of the governor's appointees, will be vice chairman of the commission; and Anita Owens of the County Council of Parent Teacher Associations will be secretary.

Applications from candidates for the school board must be in the hands of the commission by April 1.

To hold two public hearings on the candidates. Scheduled for April 14 and 28, they will be broadcast on the school system's cable television channel.

To hold a public meeting. The commission will hold a public meeting May 5 to deliberate and vote on candidates and then send those names to the governor on May 12.

To seek an exemption from the state ethics law that would otherwise require financial disclosure from the commissioners. That's routine, Mr. Greene said, because the commission does not directly control any government money.

Because the commission has no budget - not even for office supplies - its members are asking the legislature for some funding. They are trying to get an unpaid student intern from Anne Arundel Community College to work as their executive assistant.

The commission will launch a Web site next week under the county school system's site, http://www.aacps.org/. The timeline, bylaws and minutes from the past two closed meetings will be posted on the site shortly, Mr. Greene said.

The commission's next meeting will be open to the public March 18 at a location yet to be determined.

Saturday, February 16, 2008

Complaint alleges the School Board Nominating Commission violated the Maryland Open Meetings Act

Today I filed a complaint with Maryland’s Open Meetings Compliance Board concerning the Anne Arundel County School Board Nominating Commission. The Commission is subject to the Open Meetings Act and discussing the bylaws of the Commission is not an exempt topic for discussion. At its first meeting on January 17, the Commission stated that it would hold a secret meeting on January 23 to discuss its proposed bylaws.

The next meeting of the Commission will be held this coming Wednesday, February 20, at 6:30pm. At this meeting, the Commission will publicly discuss its proposed procedures. The Commission is under no legal obligation to seek public comment on its proposed bylaws, and its press release for the meeting states that it will allow no such comments at this meeting. Its only legal obligation under the Open Meetings Act is to make its own deliberations public.

I would encourage members of this community to ask the Commission to follow not only the letter of the Open Meetings Law but also its spirit. I believe that the precedent of openness established by the Anne Arundel County School Board Nominating Convention is a good basis for discussion. The Convention, in its many weeks advance notice of meetings and in many other little ways, went well beyond the minimum standards established in Maryland’s Open Meetings Act. However, given the extraordinary powers invested in the Commission and the fact that five of its eleven members are appointed by private interest groups, I believe that the Commission should strive for an even greater level of openness. For example, it should use the County’s new multimillion dollar TV system to broadcast and webcast candidate presentations (analogous to the current system of broadcasting/webcasting presidential debates). The purpose of these broadcasts would be to assess not only the candidates but also the Commission itself. Indeed, I believe the latter purpose would be even more important than the former one. The public needs to come to its own judgment about the extent to which the Commission acts as a backroom negotiating body among power brokers or, as it presents itself, a truly independent deliberative body intent on finding the best leadership for AACPS. The public can only come to this judgment if it has an opportunity to see for itself how the Commission acts. Moreover, the public’s ability to conveniently monitor the Commission will force the Commission to stay true to its stated principles.

Next Meeting of the School Board Nominating Commission Announced

Attached below is the substance of the press release sent to the press:

SCHOOL BOARD NOMINATING COMMISSION OF ANNE ARUNDEL COUNTY TO HOLD PUBLIC MEETING
ON FEBRUARY 20

The School Board Nominating Commission of Anne Arundel
County will hold a public meeting on Wednesday, February, 20, 2008. The meeting
will begin at 6:30 p.m. in Room 161 of the Arundel Center located at 44 Calvert
Street, Annapolis, MD 21401.

The purpose of this meeting will be to
adopt operating procedures and other administrative functions of the Commission
as well as announce general information regarding the planned timelines and
framework for the consideration of applicants to be appointed to the Anne
Arundel County School Board.

While the Commission is a public body under
the state Open Meetings Act, and the public is welcome to attend, no public
testimony will be taken at this meeting.