Last year, NH State Rep Judy Aron and I tried to address what I think is a serious issue for a type of Elected Representatives that seemingly don’t believe that is what they are even as they run for election. In short, they call themselves “School Board members”. And many school boards have a policy in place that renders them imperviable to question (e.g., I think loyal readers are familiar with the phrase I oft have to use: “Easter Island stone-faced Moa Statues”. Its genesis is that at public school board meetings, almost nary is the time that when asked a question by a constituent will an answer be forthcoming from any of them. They just sit there, with fixed faces, in silence.
Infuriating. In fact, I have a series of questions outstanding concerning a Policy (Transgender) that they have written as the part concerning commanding their staff to lie to parents concerning the transgender status of their child. While it seems to have been “softened”, I had questions. I have emailed my questions twice now with no response. So, this bill (emphasis mine):
HB 1169 – AS INTRODUCED
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: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.
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.
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.
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.
I don’t understand why this would be controversial – it was ITL’d 19-0. All it does is to have Elected Representatives interact with their voters/constituent during meetings – like with almost every other set of elected representatives here in NH. It’s called accountability which is called for in the NH Constitution (emphasis mine):
[Art.] 8. [Accountability of Magistrates and Officers; Public’s Right to Know.] All power residing originally in, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them. Government, therefore, should be open, accessible, accountable and responsive. To that end, the public’s right of access to governmental proceedings and records shall not be unreasonably restricted. The public also has a right to an orderly, lawful, and accountable government. Therefore, any individual taxpayer eligible to vote in the State, shall have standing to petition the Superior Court to declare whether the State or political subdivision in which the taxpayer resides has spent, or has approved spending, public funds in violation of a law, ordinance, or constitutional provision. In such a case, the taxpayer shall not have to demonstrate that his or her personal rights were impaired or prejudiced beyond his or her status as a taxpayer. However, this right shall not apply when the challenged governmental action is the subject of a judicial or administrative decision from which there is a right of appeal by statute or otherwise by the parties to that proceeding.
As a Budget Committee member, I ALWAYS made sure that a constituent’s questions were answered – it was my job. I was elected to work for THEM and not the other way around.
This bill will be followed.
