Niagara Gazette

Lew-Port

August 3, 2010

Lew-Port BOE establishes code of acceptable behavior for members

LEWISTON — In a school district where lawsuits are seemingly just as common as board meetings, the Lewiston-Porter School Board took measures last month to eliminate in-fighting by adopting a school board code of ethics aimed at outlining acceptable behavior for the seven-member board.

The 14-point plan was not voted as a resolution by the board, instead it was given a stamp of approval by a board majority. However, not all board members were in favor.

“I think it’s a micro management of codes we already have,” said school board member Robert Weller. “Every school has an existing code that they are required to follow, and we follow one. This is just one of those feel good things and I don’t think it does any good unless it’s enforced.”

Weller said it is something he will not sign, because it doesn’t have any teeth.

The code of ethics asks board members to respect the opinions of their colleagues, accept the idea that majority rules and recognize that authority rests with the board as a whole and members should not take any individual action that may compromise the board.

Over the past few years, former and current board members have been subjected to and have filed numerous lawsuits and asked for commissioner decisions against one another. These legal battles have the board being deemed dysfunctional by the State Education Department. In June 2009, State Education Commissioner Richard P. Mills called for corrective action of the Lew-Port board following nearly 10 lawsuits being filed over the course of a year. The growing legal fees from the suits have been picked up by the district.

Board President Jim Sperduti, who championed the code of conduct policy said it is a non-binding agreement which he believes could aid in keeping the board accountable to district voters, as well as keeping the board working in a more unified way.

“I see it as more of a guideline that board members can carry with them and reference when they have a question as to their legal and ethical role,” Sperduti said. “Nothing I saw (in the past) rose to the status of illegality, but I still thought it might be a good idea to put something together that would guide myself and the board as to what our proper role is as board of education members.”

Earlier this year, the district put a new policy in place which will limit the ability of individual board members to access district records, requiring them to seek the approval of a board majority. This new policy requires a board consensus to retrieve certain records, which may require large redacting or copying fees. Some board members at the time called it a “gag order.”

District officials have said the code of conduct policy, as well as the records access policy, have been put in place to eliminate the notion of board dysfunction.

Sperduti said while the code of ethics is non-binding, he is hopeful it will be beneficial to the relationship amongst the Lew-Port school board.

“I am hopeful that it will keep us accountable and also keep us focused on, working as a unified board,” Sperduti said.

Other clauses in the code of ethics include:

n Recognize that individual board members have no legal authority outside board meetings; any interaction with the school staff, the local citizens and the media will be conducted on the basis of this fact.

• Avoid being placed in a position of conflict of interest and refrain from using board position for personal and partisan gain.

• Work with other board members to establish effective board policies and delegate authority for the administration of the schools to the superintendent.

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