[1]Columbia Tribune: Sunshine John Darkow
03/09/2005
Ohio has open meeting laws, commonly called “Sunshine laws” [2]– which are to protect the public from public officials doing things behind closed doors. When you are elected, you are not in charge, you work for all the people who elected you, and as such, except for a few key things like legal disputes, contracts, personnel decisions, you do it where the public can watch.
It’s a weak law, with even weaker consequences. No one gets rich catching politicians acting badly thanks to the low fines, and high court costs. If we really believed in this, instead of electing a coroner or a county engineer, we’d elect a chief ethics officer whom you could turn to and they would take care of things like this.
While the Dayton Public School board only has one new member, John McManus, all the rest of them should have taken the Sunshine law class offered by the secretary of state. I know for a fact that board VP Sheila Taylor has taken it and knows enough to know right from wrong.
Recently, the DPS board has been receiving a lot of flak- mostly from African American activists in our community. First it was the “School to Prison Pipeline” then the “cops at basketball games” and most recently, for the non-renewal of the two top administrators who are black, by a board that is majority white and led by two white people. Dr. Adil Baguirov’s move to limit speakers to 1 minute instead of the normal 3, had security forcibly removing people from the podium over the basketball game issue.
So, this little item, had it been on the agenda, would have had a ton of people wanting to talk about it, protest it, and generally knock some sense into a board that seems pretty insensitive to the community it was elected to serve.
Meeting Mar 01, 2016 – Strategic Planning MeetingCategory: ResolutionSubject: Resolution – Hate GroupsType: Action, InformationWhereas the Dayton New Black Panther Party and the Nation of Islam are recognized by the Southern Poverty Law Center and other groups as hate groups,
The district shall not participate in events that promote or attempt to legitimize nationally recognized hate groups.
Motion by Joseph E. Lacey, second by Adil T. Baguirov, Ph.D.Final Resolution: Motion CarriedYes: Adil T. Baguirov Ph.D., Joseph E. Lacey, John S. McManus, Sheila J. TaylorNo: Hazel Rountree, J.D, Ph.D.Abstain: Ronald C. LeeNot Present at Vote: Robert C. Walker
A friend told me this:
“The resolution was not on the agenda handed out to community observers at the beginning of the meeting, and was not presented until after the executive session, which means all community members were gone.”
8 (H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.
Source: Lawriter – ORC – 121.22 Public meetings – exceptions. [4]
The question really becomes why did the board do this now, in sneaky fashion? What is the urgency to ban both the Nation of Islam [5] and the New Black Panthers [6]? Who gave the Southern Poverty Law Center the divine right to judge for us in Dayton? Has the SPLC ever heard of “Racial Justice Now” [7]? Would they be a hate group? Although their site is far from as sophisticated or informative- I see some of the same language there that I see on the New Black Panther site.
Going to the SPLC site- to their “Hate Map” [8] I grab their definitions:
All hate groups have beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics.
Hate group activities can include criminal acts, marches, rallies, speeches, meetings, leafleting or publishing.
If we look at the first statement- I’d think the Dayton Board of Ed should be passing a resolution against Donald Trump before wondering about NOI or the NBPP.
And looking at the second, how they segue from “criminal acts” to “marches, rallies, speeches, meetings, leafleting or publishing” which are all, the last I checked, activities protected by the First Amendment.
In fact, the grouping of the local NOI and NBPP groups with the national- is in fact maligning an entire class of people- based not on actual facts or actions, but, guilt by association. I would say the local Montgomery County Democratic Party, which pressures people not to run, sends out smear mail about opponents, and engages in closed-door screening of candidates by a secret group- is more a danger to our community – especially since they have control of half the board of elections, than either of these local groups.
I sent an email to all the members of the Board of Ed this morning to ask them to admit or deny the way they handled this resolution- with the quote above about the agenda- exec session.
I received 2 responses- from Dr. Baguirov and John McManus. I am closing with their statements. You decide if this resolution was necessary, needed, racially motivated, legal, done out of fear….
Agenda of the meetings often is slightly amended, as it was nearly every month in the past years, and as it was on a couple of occasions at the March 1 meeting: item that was marked subject “A – Review of Report Cards” was moved to be discussed after other subjects and became Subject E – last in line. No objections to that it seems, even though printed agenda shows it as Subject A. So yes, the agenda was further adjusted with one more item in the end, on hate groups, and all was done fully in line with the law and board policy. Board meetings are public, advertised, and open, and after executive sessions there is some action taking place sometimes, as it happened on February 23, just a week prior. Thanks.
~Baguirov
Let me be clear that I only speak for myself here, as it is against board policy to speak for the board.
“Personally, until it was introduced, I was unaware that we would be voting on any kind of resolution of this nature. I listened to the discussion, though, and did vote for it in the end. After the article in the Dayton Daily News that stated that the groups had been classified as hate groups, I didn’t think I had a choice. With that being said, though, I have had the opportunity to meet many of the leaders and members of the two local groups and I don’t think that they personally have any hate in their hearts. They’re donating coats and shoes to kids who can’t afford them. That’s love, not hate. There is so much healing that needs to be done in this community, and I just hope and pray that it happens sooner rather than later.”~McManus (and yes, apparently he writes in quotes)
“Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman.”
LOUIS BRANDEIS
You are right Esrati, but these guys cannot be made to behave. Is it something in the Dayton water that affects leaders so poorly?
David, Under the States Sun Shine Law the Ohio Municipal League required a caveat included concerning Executive Meetings for Economic Development. It may apply here, but should be considered at the least. It stated that to enter into an Executive Session for Economic Development concerning Public Lands it requires a Unanimous Quorum vote not just a majority. One NO vote will require the meeting to be changed to a Work Session that the public can attend. If taken to court and Council in my case continues to Executive Session all contracts and decisions are null and void and have to begin at square one of the process. There is a two year timeline that the case can be brought to Court. I checked with the OML last month and the law has not been changed. I have not heard that any City used it yet, but it would definitely get attention and help stop back room deals.
Sunshine laws were followed at that and any other Dayton school board meetings, as they always are. As indicated, meeting agenda’s are often adjusted, since there are many things happening every single day and week – and no one has ever objected to that, and it happens in every executive and legislative organ all over the world. Board has no control over who comes and leaves to/from its meetings, nor the time they choose to stay. Sometimes, people stick around, sometimes they don’t, sometimes they come early and leave late, sometimes they come late and leave early. By the way, public comment is provisioned only during the once-a-month business meeting that’s televised. Otherwise, it’s never on the agenda for other meetings (review, special, strategic, committees). Meanwhile, having this resolution, which was hand-written by a Board member right then and there, on the agenda from the outset would not have derailed it in any way. If anyone thinks that just because they don’t like something and they speak out against it, all of the Board members will then vote whichever way that person(s) wants, they are mistaken. Trump’s supporters do not come to Dayton Board of Education meetings, so it’s not a proper analogy, even if done with a healthy doze of sarcasm. Southern Poverty Law Center is a well-respected organization that has done far more in its fight against racism and discrimination than overwhelming majority of its critics. But just in case if someone doesn’t like SPLC, there are plenty of other legitimate, authoritative and independent sources that classify the same groups as hate groups. For example, classified as anti-Semitic and racist by the Anti-Defamation League: http://www.adl.org/anti-semitism/united-states/c/what-is-the-nation-of-islam.html http://www.adl.org/anti-semitism/united-states/c/new-black-panther-party-NBPP.html Same classification from the U.S. Commission on Civil Rights. http://www.usccr.gov/NBPH/CommissionInterimReport_11-23-2010.pdf And both are classified as racist groups by the Encyclopedia of Race and Racism. Detroit: Macmillan Reference USA/Thomson Gale, 2008: http://www.encyclopedia.com/article-1G2-2831200277/nation-islam-and-new.html Same classification is given by several other encyclopedia’s and publications. These groups are investigated by the FBI, some of its members arrested. The U.S. government even filed a lawsuit: http://www.usccr.gov/NBPH/COMPLAINT-USAvNBPP.pdf Thus, there is plenty of evidence and facts which were not… Read more »
Dr Baguirov,
I appreciate you discussing this on the site.
After I posted, I thought about going back to revise my post. To clarify why the Sunshine Laws exist- to allow the public to view, participate and hold our elected officials accountable.
It’s the “golden rule” law- where the ideals are more important than the actual language.
By doing what the board did, picking out two specific groups- both African American- and ones that were involved in having a community meeting on the upcoming Saturday- where Superintendent Ward was scheduled to speak- it quickly becomes apparent that this was a last ditch, hail mary move- to create a reason for her not to engage these vocal segments of our community.
It’s also- clear that it wasn’t a well thought out move.
Regardless of what organizations outside of Dayton do- that carry the same name as the local units, the local units do things like cleanups, tutoring- and are not involved in any kind of hate crimes.
You lose credibility when you make excuses- for passing a resolution as damning as this, in a way that public input, scrutiny or even knowledge was evident.
Had I not reported this, these groups wouldn’t have even known that this had happened.
You are new to not only our school board, but to our community and our country.
When it comes to Sunshine Laws, I’m the one that’s been arrested, jailed, tried in 5 courts, over the kind of behavior the board just pulled.
I’d advise you to take my counsel- admit it was a punk move, apologize, revoke this resolution, and then put it on the agenda, notify the public and try it again.
I’m guessing you won’t like what happens… when it’s all out in the sunshine.
Once again, Sunshine laws were respected, everything was done in the open. That’s very clear. Racial Justice Now knew the next day (!) as it was communicated to them from the Board via the Administration and discussed it on Facebook – long before your report here. So the world did know and does know before you report it here. You are under totally false impression that only you have “reported” to the world about this resolution – that was posted in BoardDocs as you already know and cite from in your post. Also, RJN then removed both organizations from their March 5 event’s agenda and these groups were not officially co-sponsoring that event anymore, although its members were present – which the resolution does not address. The Board resolution is clearly aimed at hate GROUPS, not individuals who are somehow associated with them. Hence, Daytonians who happen to be members of these groups are not limited by the resolution in their rights and privileges. It is the Board’s fiduciary duty to protect the district from affiliations with any group, organization or individual that is on any authoritative black list. It doesn’t matter whether it’s the KKK, or Trump’s Boy Scouts, or whoever – these associations are unwanted. The resolution is aimed at all hate groups, period. It says so in the resolution you posted: “…and other groups as hate groups, The district shall not participate in events that promote or attempt to legitimize nationally recognized hate groups.” So if tomorrow KKK or some other hate group decides to involve DPS, it would get the same push back based on the already adopted resolution. Surely, the resolution does mention two specific organizations since the resolution was adopted to clarify DPS’ position on the eve of an event where DPS’ affiliation was sought — but clearly, the resolution is not limited to any one or two groups. Any group that makes it into SPLC, ADL, and other authoritative black lists should not involve DPS into its agenda. Finally, it’s your or anyone’s right to try to distinguish between a local chapter vs.… Read more »
And all Muslims are terrorists too, Dr. Baguirov.
No, the sunshine laws weren’t followed, if they had been, this discussion wouldn’t be happening.
You can wrap yourself up in whatever you want to legitimize your position- but, the fact that only white people voted for this hastily generated resolution, should tell you something.
If it doesn’t, it’s because you are totally deaf to what the voices of the community will soon tell you.
Hate to tell you- RJN, if it wasn’t local and was on the radar- might qualify as a hate group too, but, you haven’t been at one of their meetings where people were shouted down for questioning their ideas.
You have totally ignored what I’ve said- about it not being the letter of the law- but the appearance of a skirting of the process.
I dare you to try to hold this vote again- when it’s on the published agenda- during a meeting where citizen participation is welcome.
We will continue to see modest changes in Dayton, both for better and for worse, but we will not see any large changes until living and working conditions become absolutely intolerable via a man-made fiasco. It will take something akin to the leaded drinking water in Flint, or perhaps a complete absence of city services before the community rises up against the bullsh!t artists running Dayton.
Right now, it’s inconvenient, expensive, and disheartening to be governed by a blend of dishonest, amoral and incompetent individuals. But it has not reached the proverbial “tipping point” where enough people say “no more” and mean it.
I look forward to this Dies Irae – Day of Wrath.
And at a board meeting on 15 March, 2016- the subject comes back up in a contentious meeting. http://www.mydaytondailynews.com/news/news/dayton-school-board-fights-over-hate-group-issue/nqmXX/?source=ddn_home
Of course, the board can’t admit- they did this without putting it on the agenda in advance- and inviting the people they were about to discriminate against.
The three black members are still not happy about this.
In the meantime- nothing on the Superintendent. More smoke and mirrors.
There are no agenda requirements in Ohio’s sunshine law. That said all board members were given advance email notice from the superintendent and from board members of the topic prior to the meeting. The resolution was discussed and voted upon after executive session in the open session portion of the meeting.
If you think just because the Sunshine Law doesn’t explicitly say items have to be on published agendas, and if all board members were given notice- and none bothered to tell the organizations in question- Mr. Lacey, you don’t understand the Sunshine laws or your responsibility to the public to inform them of your actions.
I suggest you fire both your legal adviser and your public information officer for starters- and think about resigning as well.
You, the school board, work for us- the voters and residents of Dayton. Please try to remember that.
Joe Lacey’s response reflects his arrogance. DPS board members just want to be in charge of something/anything or if possible everything, and their sanctimonious BS is exceeded only by their hubris.
They have run an entire school system into ruin. I think a bit of investigation could readily reveal criminal negligence, unreported conflicts of interest, and nitwit behavior of the first order.
Time for a change.
[…] of subverting former Superintendent Lori Ward as she was about to attend a forum with local groups. Time for some sunshine in DPS meetings The labeling of the local New Black Panther Party and the Nation of Islam as hate groups was just […]