Hb1169 – So Elected Representative Masquerading as School Board Members Want to Continue to “Silence” Their Constituents?

by Skip

According to the National School Board Association, I’m a self-acknowledged Domestic Terrorist. Eighty percent of the Gilford School Board agreed with them (after all, the Left has taught us that Silence is Complicity, right?) when I asked if they thought I was one.

Only one responded that I was not. Only one.

The rest “silenced” me with their silence (ok, stay with me here for a couple more minutes). So, I appeal to the FBI to put me on the list the Garland “School Board Domestic Terrorist Task Force” is compiling even though he has backed down (sorta).

Seriously – if you’re going to CALL me that, ACT like I am – after all, I’ve nothing to hide and you probably have all my emails and videos that prove it, right?

But I digress and I’m rambling.

But it’s this Silencing that School Boards are doing all across the nation. No, not always trying to silence those that are actually demanding answers to their questions (although some have been arrested like when Sununu had those folks arrested at the NH Executive Council meeting a bit ago, one for just saying “Amen” while otherwise sitting quietly).

No, it’s the Silence returned by the SB members to those questions asked by Parents, Voters, and others. Often, complete Silence.  Basically IGNORING those that come to the podium. They call it “Public Comment” in which they sit and listen – and nothing else. This is not how Elected Representatives should behave, but here we are.

But hopefully, not for long. NH State Rep Judy Aron (who is also a Grokster) and I wordsmithed the below in the attempt to fix the problem of School Boards refusing to address valid and important concerns.

Right now, we can’t COMPEL them to speak as “mere voters” and we have been stuck with them for the length of their terms. I “thank” the NH School Board Association for “grooming” them to not interact with us. The NH Superintendent Association and the NH School Board Lawyers Association are also part of this problem that is strictly part and parcel of School Boards. At least in MY town, no other Board or Committee behaves in such a manner.

So, if they voluntarily won’t answer questions, now they SHALL (if this is passed). Emphasis mine and slight reformatting to make it easier to read here:

HB 1169  – AS INTRODUCED

2022 SESSION
22-2068
10/04

HOUSE BILL 1169

AN ACT relative to public comment and inquiry during school board meetings.

SPONSORS: Rep. Aron, Sull. 7; Rep. Johnson, Belk. 3; Rep. Potucek, Rock. 6; Rep. Harley, Rock. 20; Rep. Cushman, Hills. 2; Rep. Lanzara, Hills. 28; Rep. Thomas, Rock. 5; Rep. Baldasaro, Rock. 5; Rep. Moffett, Merr. 9; Rep. Sheehan, Hills. 23; Sen. Giuda, Dist 2

COMMITTEE: Education

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ANALYSIS

This bill establishes requirements for public meetings held by a school board to include a designated time period for questions from the public and answers from the board.  The bill also allows an attendee of a meeting of the school board to demand which New Hampshire statute or administrative rule gives the school board the authority described in a school policy or operational procedure.

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2068
10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to public comment and inquiry during school board meetings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Subdivision; Public Comment and Inquiry During School Board Meetings.  Amend RSA 189 by inserting after section 73 the following new subdivision:

Public Comment and Inquiry During School Board Meetings

189:74  Public Comment and Inquiry During School Board Meetings.  

I.  During any public meeting held by a school board there shall be a designated time period for interactive questions from the public and answers from the board, with sufficient time allotted to hear comments, questions, and complaints from members of the public. The public must be able to sign up to speak at the meeting, or otherwise be given time to speak during the meeting, where they may comment or ask questions.

II. During any public meeting held by a school board, the elected members of the school board, and any other school administrators present, shall hear from and shall respond to such direct questions, with as much detail as known at the time relative to a direct question, by one or more of the assembled elected school board members or school administrators, to such comments, questions, and complaints by members of the public assembled at the meeting.

And from my standpoint, shouldn’t we, the “Legislative Body” in each town or city, be able to hold our Elected Representatives accountable and ensure that they Follow The Law in everything they are doing? We are a Dillon’s Rule State which means that EVERY subdivision of the State (and School Boards are one of them) can only do such tasks or duties that the NH State Legislature (by the process of passing State Law) gives them permission to do. No State Law giving them a Power they say they possess?

No can do and this next part makes that crystal clear:

III. During any public meeting held by a school board, an attendee may demand which New Hampshire statute or administrative rule gives the school board the authority described in a school policy or operational procedure. The school board shall immediately respond with a citation to its authority.  If the school board is unable to respond affirmatively that there is such a New Hampshire statute or administrative rule, the school policy or operational procedure shall be immediately withdrawn until such time that the school board can show it does have such authority.

Making School Board / Elected Representatives Follow The Law – what a CONCEPT!!!  After all, if we, students, and school staff must follow their policies and procedures, shouldn’t they also do the same? All the above does is have School Board members ask themselves “are we allowed to do that? Is there an RSA (NH State law) that gives the authority to do this?”.

Isn’t that just RATIONAL to think “they can’t do what they’re not allowed to do”?

And to be clear, no one expects them to be genius level folks and know the answers to every question that is asked of them – that would be unreasonable. But the time to GET that answer must be reasonable as well – no “running out the clock”:

IV.  If any public question remains unanswered by the end of the public meeting, the school board shall be responsible for obtaining the answer and responding to the questioner within 5 business days.  Additionally, members of the public may also file a request pursuant to the right-to-know law under RSA 91-A:4 to the school board to obtain answers.

I say, do both!  Each “path”, asking during a Public Inquiry meeting or submitting an RSA 91:A (Right To Know) demand have different penalties to them.

V.  Members of the public may file a complaint to the commissioner of the department of education if the school board refuses to answer questions regarding school policy directly.  School board meeting minutes shall specifically state the names of the school board members or school administrators who refused to answer a specific question or questions posed to them by a member of the public, as well as specify the question asked of them regarding school policy or any other school matters.

2  Effective Date.  This act shall take effect 60 days after its passage.

What this all boils down to is this: Right now, School Board members simply blow off constituent questions.  They “Silence” you when you ask an important question. My example is simple:  which RSA gives them the Power to grant a new Right to a minor child to be able to coerce the speech of others when it comes to Policy JBAB in which the Gilford School Board (and now the Exeter School Board – both has lawsuits against them for this very topic) demand that others use “preferred pronouns” when referring to people who identify as a sex/gender that was not established at conception.  Or suffer a penalty.

All I’ve wanted to know is where in State Law do they get that permission.  They “Silenced” me in not answering a basic Civics question.  They get away with doing unconstitutional activities because they won’t admit that they are wrong (as it is my contention that there IS NO such RSA that gives them the Power to coerce the speech of others and impose “Government Speech” upon them).

So, we’ll see. Let’s see who is for fairness, openness, transparency, and willing to Follow the Law in supporting this…

…and who want to enable unconstitutional behavior and believe they can do whatever they want regardless of what the Constitution and State Statutes demand of them.

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