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Resident questions chairperson's authority

By Sarah M. Corigliano

Assistant Managing Editor



WILBRAHAM During the Hampden- Wilbraham Regional School Committee's first meeting of the new school year, a Wilbraham resident called into question the authority of the Committee's chair in banning the man from school buildings.

Concerned Citizens of Wilbraham member Robert Page read to the School Committee a letter requesting that they rescind the chairman, Scott Chapman's actions in forbidding Page from entering Hampden-Wilbraham schools "absent a public meeting/function without my express authorization."

Chapman sent Page a letter Aug. 10 regarding Page's presence in Minnechaug Regional High School, photographing the condition of the school.

The letter states, in part "Although the high school is a public building, its access is controlled by the District and takes into account security and safety concerns, as well as legitimate educational purposes. To be perfectly clear you are not to enter school buildings or school grounds, absent a public meeting/function without my express authorization. If you do so, you will be trespassing, and action will be taken to invoke legal process or police intervention."

At the meeting, Page read from his letter, saying "I am not aware that this committee has empowered Mr. Chapman with the specific instructions to act in this manner ... Mr. Chapman's action, in my opinion, is excessive, without cause and violates School Committee law. His comments about legal process and police intervention, I believe to be inflammatory and threatening in nature."

Page continued, "The School Committee Policy Manual, whose authority arises from the Educational Reform Act of 1993, Section 37, specifically states on page 4, 'Because all powers of the School Committee are derived from State law granted in terms of action as a group, members of the School Committee only have authority when acting as a committee legally in session. The School Committee will not be bound in any way by any statement or action on the part of an individual member except when such statement or action is a result of specific instructions of the Committee."

Chapman, who pointed out that neither he, or any other member of the Committee, was obligated to respond according to the Policy Manual, said he would not debate with Page but would meet with him privately if he wished.

"But you are a School Committee member, sir," Page replied.

Other residents present at the meeting expressed their disappointment in the Committee and Chapman's lack of response and questioned whether the Committee was truly a democratic body.

Chapman explained to those present that the purpose of the public comment period during School Committee meetings is "to gather input, not to answer questions."

The meeting included discussion of the closing of the FY06 budget with more revenue than anticipated.

Superintendent Dr. Paul Gagliarducci said there is not a set figure yet on how much surplus is left in the budget and, once the Committee knows the exact amount, it will be discussed whether to use the money or to send it back to the towns, as it is a result of money paid by the state for transportation funds. Gagliarducci said the district received more money than it expected because their FY06 budget was set according to Governor Mitt Romney's original budget. The final budget passed with more money allotted in transportation funds.

The meeting was also the last for Director of Business Services Stephen Nembirkow. Members of the Committee commended him on his work and wished him luck at his new job in Chicopee.

Committee member Peter Salerno returned to the discussion of public participation at School Committee meetings, referring to the written policy the Committee has followed for many years.

"This is one of the things we may have to review," Salerno said of the Public Participation policy as the Committee prepares for another year of reviewing the Policy Manual for the district.

"Because the School Committee desires to hear viewpoints the public may speak at a time designated for this purpose," Salerno said. "The School Committee is not expected to respond or take action immediately. This is nothing different than we have done for the past seven years. It is not designed to be punitive, but to maintain a modicum of order."

Gagliarducci said such a policy is common among School Committees. He said the School Committee always takes public comment or question under advisement and conducts research in order to provide an answer to the Committee and the person who spoke or posed a question at the meeting.

"We can listen, but we can't debate," he said. "I hope people will understand that special notion."

The policy, as written in the Public Participation section of the district's Policy Manual, states, "Because the School Committee desires to hear the viewpoints of District residents, citizens may speak during the Public Comment portion of the meeting designated for this purpose.

"The School Committee may limit the speakers' time and otherwise regulate public participation to expedite School Committee business.

"The chairperson shall be responsible for recognizing speakers and maintaining order. The School Committee shall give due attention to comments and contributions from the audience, but shall not be expected to respond or take action immediately.

"Members of the public may not be recognized by the Chairperson as the School Committee conducts its official business."

Salerno said the School Committee and Policy Manual Review sub-committee will review the Public Participation policy as it reviews all other policies this year.

"It is appropriate to look at every policy," he said.

The School Committee reviews the Policy Manual every three years.