Transparency

Propositions to Improve Transparency

To further transparency, I propose amendments to three school board policies governing Board Committees and the district’s Freedom of Information Act process. I have made it simple: Original policy language on the left with the recommended changes to the policy on the right. Strike-throughs are deletions and bolded, orange text are additions.

According to Open Government Partnership’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the public, and meets basic open data standards (e.g. raw data, machine readability) where formats allow.” Transparency empowers citizens to exercise their rights, hold the government accountable, and participate in decision-making processes. Transparency is one of the three OGP values, along with citizen participation and public accountability. Examples of relevant activities include the proactive or reactive publication of government-held information; legal or institutional frameworks to strengthen the right to information; and disclosing information using open data standards.

https://www.opengovpartnership.org/glossary/transparency/

Committees

Currently the number, membership, and responsibilities of each committee is not publicized by the district; nor is the manner of their formation, standing, and membership selection process publicly disclosed. The proposed changes below will remedy this.

po0155 – Committees

Committees of Board members shall perform the duties as assigned by the Board, which may include deliberating, making decisions/recommendations or taking other actions specifically authorized by the Board.

All committees shall comply with the Open Meetings Act in accordance with the applicable requirements set forth in 0160 Bylaws. A committee may meet in closed session to review the specific contents of an employment application provided when the applicant for employment requests that the information remains confidential. It may not, however, meet in closed session to protect an applicant’s identity.

  1. The President is authorized to appoint, as soon after the organizational meeting as practicable, members of the Board to the standing committees where they shall serve a term of one (1) year.
  2. Ad hoc committees may be created and changed at any time by the President:
    • or a majority of the members present at any meeting at which the need for a committee becomes evident; 
    • or the Superintendent with the approval of the Board. 
  3. Members of ad hoc committees shall serve until the committee is discharged. 
  4. The Superintendent shall serve as an ex-officio member of each committee. 
  5. A member may request (or refuse) appointment to a committee. Refusal to serve on any one committee shall not be grounds for failure to appoint a member to another committee. 
  6. Each Board committee shall be convened by a chairperson who shall report for the committee and shall be appointed by the President.

Recommended Changes

Committees of Board members shall perform the duties as assigned by the Board, which may include deliberating, making decisions/recommendations or taking other actions specifically authorized by the Board.

All committees shall comply with the Open Meetings Act in accordance with the applicable requirements set forth in 0160 Bylaws. A committee may meet in closed session to review the specific contents of an employment application provided when the applicant for employment requests that the information remains confidential. It may not, however, meet in closed session to protect an applicant’s identity.

  1. The President is authorized to appoint, as soon after the organizational meeting as practicable, members of the Board to the standing committees where they shall serve a term of one (1) year. These appointments shall be made in the open board meeting and listed in the meeting minutes.
  2. Ad hoc committees may be created and changed at any time by the President:
    • or a majority of the members present at any meeting at which the need for a committee becomes evident; 
    • or the Superintendent with the approval of the Board. 
    • unless exigent circumstances exist, these ad hoc committees shall be announced during a full board meeting with details concerning their necessity, their membership composition, the membership selection process, and the expected duration. This shall be captured in the meeting minutes. If exigent circumstances exist, these details shall be announced to the public via the district.
  3. The district shall maintain a list of all standing and ad hoc committees to include their purpose, membership composition, and expected duration (if applicable). This list shall be made available to the public.
  4. Members of ad hoc committees shall serve until the committee is discharged. 
  5. The Superintendent shall serve as an ex-officio member of each committee. 
  6. A member may request (or refuse) appointment to a committee. Refusal to serve on any one committee shall not be grounds for failure to appoint a member to another committee. 
  7. Each Board committee shall be convened by a chairperson who shall report for the committee and shall be appointed by the President.

Committee Meetings

Currently committee meetings are closed to public view and public comment. In a committee system this makes sense so long as the issues brought out of committee are given a full, debated and discussed hearing at the full board session. This does not happen. Board members not assigned to the committee do not have a chance to substantively discuss issues with the committee recommendation due to the current board president weaponizing Robert’s Rules and sidelining the debate back to a committee that is closed to public view.

po0168.3 – Committee Meetings

Any Board committee, whether standing or appointed ad hoc, which exercises governmental or proprietary authority must comply with the Open Meetings provisions in 0168.1 and 0168.2 and Public Participation provisions in 0167.3. Committees that are empowered to take action, make recommendations or otherwise deliberate in place of the Board are subject to this requirement.

Recommended Change

A̶n̶y̶ All board committees, whether standing or appointed ad hoc,̶ ̶w̶h̶i̶c̶h̶ ̶e̶x̶e̶r̶c̶i̶s̶e̶s̶ ̶g̶o̶v̶e̶r̶n̶m̶e̶n̶t̶a̶l̶ ̶o̶r̶ ̶p̶r̶o̶p̶r̶i̶e̶t̶a̶r̶y̶ ̶a̶u̶t̶h̶o̶r̶i̶t̶y̶ ̶m̶u̶s̶t̶ shall comply with the Open Meetings provisions in 0168.1 and 0168.2 and Public Participation provisions in 0167.3. C̶o̶m̶m̶i̶t̶t̶e̶e̶s̶ ̶t̶h̶a̶t̶ ̶a̶r̶e̶ ̶e̶m̶p̶o̶w̶e̶r̶e̶d̶ ̶t̶o̶ ̶t̶a̶k̶e̶ ̶a̶c̶t̶i̶o̶n̶,̶ ̶m̶a̶k̶e̶ ̶r̶e̶c̶o̶m̶m̶e̶n̶d̶a̶t̶i̶o̶n̶s̶ ̶o̶r̶ ̶o̶t̶h̶e̶r̶w̶i̶s̶e̶ ̶d̶e̶l̶i̶b̶e̶r̶a̶t̶e̶ ̶i̶n̶ ̶p̶l̶a̶c̶e̶ ̶o̶f̶ ̶t̶h̶e̶ ̶B̶o̶a̶r̶d̶ ̶a̶r̶e̶ ̶s̶u̶b̶j̶e̶c̶t̶ ̶t̶o̶ ̶t̶h̶i̶s̶ ̶r̶e̶q̶u̶i̶r̶e̶m̶e̶n̶t̶.̶

Freedom of Information Act Reform – Proactive Transparency

It is the perception of many in this community that the FOIA process is intentionally heavy-handed and cumbersome to deflect district transparency. While the process operates within the bounds of legality, the board should impress the importance of proactive transparency via policy

po8310 – Public Records

The Board of Education recognizes its responsibility to maintain the public records of this District and to make such records available to residents of Michigan for inspection and reproduction.

The public records of the District include any writing or other means of recording or retaining meaningful content prepared, owned, used, in the possession of or retained by the District, its Board, officers or employees, subject to certain exemptions according to the Michigan Freedom of Information Act (FOIA). The District shall not disclose the confidential address of a student or of an employee who has provided proper notice of a participation card issued by the department of the attorney general under the address confidentiality program act.

Any person may make a written request for any public records of the District. The person may inspect, copy or receive copies of the public record requested. The District shall respond to such requests within five (5) working days after receipt unless otherwise agreed to in accordance with the FOIA.

An individual may purchase copies of the District’s public records upon payment of a fee. No original public record may be removed from the office in which it is maintained except by a Board officer or employee in the course of the performance of his/her duties. Neither the Board nor its employees shall permit the release of the social security number of an employee, student or other individual except as authorized by law. (See Policy 8350 and AG 8350)

The Board chooses not to provide for enhanced access to any of its public records.

The Board has determined that personal and confidential information provided to, and retained by, the District on parents, students, employees and others will be considered exempt from disclosure pursuant to a FOIA request, unless advised specifically by the District’s legal counsel that the particular information must be released. Such personal and confidential information shall include home addresses, telephone numbers, personal e-mail addresses or website pages (e.g., My Space, Facebook), except as they are specifically related to the operation of the schools or specifically authorized for release by the individual or the parent if the individual is a minor.

Nothing in this policy shall be construed as preventing a Board member from inspecting, in the performance of his/her official duties, any record of the District, except student records and certain portions of personnel records.

The Superintendent is authorized to dispose of correspondence on a daily basis including those transmitted by means of voice mail or e-mail providing the message does not alter existing District records.

The Superintendent is responsible for transmission of data contained in the single record student database established by the Michigan Department of Education. Such transmission shall be in accordance with procedures established by the Kent Intermediate School District and the Center for Educational Performance and Information.

The Superintendent shall establish administrative guidelines to ensure proper compliance with the intent of this policy and the FOIA.

Recommended Changes

The Board of Education recognizes its responsibility to maintain the public records of this District and to make such records available to residents of Michigan for inspection and reproduction while promoting transparency and community trust.

The public records of the District include any writing or other means of recording or retaining meaningful content prepared, owned, used, in the possession of or retained by the District, its Board, officers or employees, subject to certain exemptions according to the Michigan Freedom of Information Act (FOIA). The District shall not disclose the confidential address of a student or of an employee who has provided proper notice of a participation card issued by the department of the attorney general under the address confidentiality program act.

Any person may make a written request for any public records of the District. The person may inspect, copy or receive copies of the public record requested. The District shall respond to such requests within five (5) working days after receipt unless otherwise agreed to in accordance with the FOIA. The District shall make every reasonable effort to respond quicker than five working days and shall only use extensions when absolutely necessary, providing clear explanations when these extensions are required.

An individual may purchase copies of the District’s public records upon payment of a fee. Fees will be charged only as permitted by MCL 15.234 and the District’s adopted procedures. The District commits to minimizing these fees by using the lowest-paid capable employee for labor, efficient digital search practices, and narrowly applying the “unreasonably high costs” exception. No original public record may be removed from the office in which it is maintained except by a Board officer or employee in the course of the performance of his/her duties. Neither the Board nor its employees shall permit the release of the social security number of an employee, student or other individual except as authorized by law. (See Policy 8350 and AG 8350)

The Board chooses not to provide for enhanced access to any of its public records. The Board will support proactive transparency efforts to reduce the need for formal FOIA requests.

The Board has determined that personal and confidential information provided to, and retained by, the District on parents, students, employees and others will be considered exempt from disclosure pursuant to a FOIA request, unless advised specifically by the District’s legal counsel that the particular information must be released. Such personal and confidential information shall include home addresses, telephone numbers, personal e-mail addresses or website pages (e.g., My Space, Facebook), except as they are specifically related to the operation of the schools or specifically authorized for release by the individual or the parent if the individual is a minor.

Nothing in this policy shall be construed as preventing a Board member from inspecting, in the performance of his/her official duties, any record of the District, except student records and certain portions of personnel records.

To promote openness and reduce formal requests, the District shall promote a policy of Proactive Transparency by maintaining a dedicated public webpage or dashboard with routinely requested information, including, but not limited to, budgets, financial reports, contracts above a set threshold, salary schedules, and raw, disaggregated academic performance data. The Superintendent shall identify additional categories annually based on community input and emerging areas of public interest.

The District prioritizes fee waivers or reductions when requests serve a public interest. The first $20 waiver for indigent requesters shall be applied generously. For routine or narrowly tailored requests, the District may establish presumptive low fees or waivers where legally permissible. Detailed itemization shall always be provided. Good-faith estimates shall include suggestions for narrowing the request to reduce costs.

The Superintendent is authorized to dispose of correspondence on a daily basis including those transmitted by means of voice mail or e-mail providing the message does not alter existing District records.

The Superintendent is responsible for transmission of data contained in the single record student database established by the Michigan Department of Education. Such transmission shall be in accordance with procedures established by the Kent Intermediate School District and the Center for Educational Performance and Information.

The Superintendent shall establish administrative guidelines to ensure proper compliance with the intent of this policy and the FOIA. These guidelines shall include:

  1. Designation of a trained FOIA Coordinator and alternate.
  2. Staff training on efficient processing and customer-service orientation.
  3. Annual tracking and reporting to the Board on the number of requests, average response times, fees charged/waived, and any appeals.

The District encourages informal resolution of disputes regarding fees or denials prior to formal appeals.