Coalition Member Steven Flagg banned from speaking at TPS Board Meetings

Download Mr. Flagg's response... - pdf file 542K

While the Ohio "Sunshine Laws" make no provision for public participation at Toledo Board of Education meetings, the key point in this discussion is that Toledo Board of Education policy expands and broadens the law locally through adopted policy. In this case the policy is BDDH, Public Participation at Board Meetings. Two other board policies come into play here: BBA, School Board Powers and Duties and BBAA, Board Member Authority. The Board President can not unilaterally change a board policy. At this time there is no board policy allowing the Board President to terminate any citizen's right to speak at a board meeting except as defined in the policy BDDH - "The Board President may terminate the comments of any speaker whose remarks are abusive, defamatory or designed to disrupt the meeting." This applies only to the board meeting in progress.

BBA delineates the powers of the board including legislation and policy making - defines the board's role in developing policies such as BDDH, Public Participation at Board Meetings. The last sentence says, "The board may exercise its powers and duties only when convened in a legally constituted meeting." BBAA states, "The powers assigned a board of education by statute are granted to the board as a body. No power is granted board members acting as individuals."

Therefore, the Board President can not change or amend a board policy such as BDDH to ban permanently a citizen when those rights are accorded under BBA to the entire board. Only the entire board can amend a policy and therefore only the entire board can ban a citizen permanently from speaking. Even then it is a questionable action and must have legal remedies for appeal. In Mr. Flagg's case, he would take action to get an injunction prohibiting the board from taking such action. To be able to ban an individual from exercising rights allowed to all citizens should require some due process by the Toledo Board of Education where evidence would be entered into the record. As you can see from the response by Mr. Flagg to the Board, there are seven individuals that refute the Board President's interpretation of the events. There are others who attended that meeting who would also refute the information in the Board President's letter.

If he is allowed to do this to one individual, then who is next? Remember this is the same man who wanted to muzzle employees - keep them from talking to the press which was reported in the Blade - click for story. This is same man who is responsible for 3 open meetings violations this past May - click for information.