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North Penn School Board Adjusts Public Comment Policy for Future Meetings

For the first time, representatives from groups in the community or school district can now have a turn at the podium during public comment periods at North Penn School Board meetings.

On Thursday, the board unanimously passed 14 items at once, without discussion or specific explanation, under the consent items of the Superintendent’s Report, including adoption of amended polices as it relates to public participation in board meetings and how the board can govern such participation to conduct its meetings and to maintain order.

Under the policy, all statements from the public must be directed to the presiding officer, in this case, President Tina Stoll. No participant may address or question board members individually, according to the policy.

While the Sunshine Act gives the public the right to comment on issues before the board and clarifies that only residents and taxpayers may comment on an issue before a decision takes place, the board decided to add representatives of community groups to the mix as a distinct policy.

The policy would also allow “any representative of a firm eligible to bid on materials or services solicited by the Board” and any district employee or district student to speak during public comment.

The first to benefit from the new policy was Kevin Leven, a co-lead of the charitable New Hope-based Bucks County Coalition Anti-Racism Coalition. Leven attempted to speak at the first public comment session at the start of the meeting, prior to the policy vote.

Solicitor Kyle Somers told Leven public comment, at that time, was for the entitlement of residents and taxpayers only.

“There is a policy on the agenda that would open up public comment to representatives of community groups. That right is for residents and taxpayers to speak. It’s up to the discretion of the chair whether representatives from outside groups can speak,” Somers said. “The right under the Sunshine Act is for residents and taxpayers, which you are not.”

Under the new policy, the board provides opportunity at each open meeting for comment on matters of concern, official action, or deliberation prior to official action. According to the policy, if the board determines there is insufficient time for public comments, the comment period may be deferred to the next regular meeting or to a special meeting prior to the next regular meeting.

The policy also enforces the presiding officer at each meeting to follow board policy for conduct of public meetings, and should his or her ruling be disputed, then it may be overruled by a majority of the present and voting board members.

Furthermore, priority and preference for public comment will be given to individuals who file a written request with the Board secretary or Superintendent Curt Dietrich at least 24 hours before the meeting.

Participants must also provide their name, address, group affiliation if applicable, and subject of their statement.

According to the policy, each statement made by a participant shall be limited to three minutes in length, and the board president has the right to shorten the amount of allotted time per speaker.

The president of the board can also, according to the policy:

  • Interrupt or terminate a participant's statement when the statement is too lengthy, personally directed, abusive, obscene, or irrelevant.
  • Request any individual to leave the meeting when that person does not observe reasonable decorum.
  • Request the assistance of law enforcement officers to remove a disorderly person when his/her conduct interferes with the orderly progress of the meeting.
  • Call a recess or adjourn to another time when the lack of public decorum interferes with the orderly conduct of the meeting.
  • Waive all above rules with the approval of the Board.

The policy also allows electronic recording devices and cameras during public meetings. Leven used a camera to record his public comments, to the disdain of board member Dr. Wanda Lewis-Campbell, who asked Leven if it was a camera, and then whispered to a board member that she did not want to be on camera.

All public meetings are broadcast live and are archived on the school district’s YouTube page.

Once Leven spoke, this time at the second public comment prior to adjournment and after the unanimous vote, his topic was “drained-pool politics.” Coined by author Heather McGhee in her book, “The Sum of Us: What Racism Costs Everyone and How We Can Prosper Together,” drained-pool politics was an ideal that stemmed from the desegregation of public pools decades ago. At the time, pools were whites-only. But after desegregation, the pools were then open to everyone. Communities found a loophole – they closed them to everyone. The pools were drained, filled in and shuttered. It was an “If ‘they’ can have it, no one can” philosophy.

“Instead of sharing the pools, they decided to close the pools. Certain people would take cold comfort – or in this case, hot discomfort – that certain people are better than others,” Leven told the board. “Equity does not need to be a zero-sum game.”

Leven said affirmative action was no better; it benefited more white women than any other demographic.

“Let’s not repeat the mistakes of drained-pool politics. Let’s get rid of us versus them politics,” Leven said. “I’m here to tell you we can all come out ahead if we do it together.”

No taxpayers or residents commented on the amended policy.

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