By Nathan Duke
Staff Writer

A Candia School Board member is concerned that a proposed school district code of conduct model could stifle her freedom of speech.

Ingrid Byrd, who has been a member of the board for 11 years, has expressed concern about portions of a proposed model code of conduct for Candia School Board members.

The code of conduct has already been adopted by the school board in Auburn, which is part of the same SAU. Hooksett, also part of SAU 15, has adopted a series of resolutions similar to the code of conduct.

The code lists 10 different rules for the board to abide by, including identifying personal biases and keeping them from influencing decisions and not being coerced into decisions by pressure groups.

Byrd said the two items that concern her are freedom of speech issues. The first item reads: "If I should be a member of the minority on any vote, I will abide by the majority opinion. We will not speak outside of board meetings against any majority decision which was reached in good faith."

Byrd says this item hinders her freedom of speech by placing limitations on whom she can speak to about decisions made by the board, including the press.

"You don't tell a minority to be quiet," she said. "Freedom of speech means you have the right to speak. I don't understand how an educational association can adopt this. It is a civil rights violation."

Byrd said she is an elected official, as well as a representative of the public. She said it is important that the public is able to hear all sides of each decision made by the board.

"People have the right to hear all sides of an issue - the pros and cons, the reasons why you vote 'yes' and the reasons why you vote 'no,'" she said.

The second issue on the code of conduct that concerned Byrd is an item that reads: "We will vigorously support school board policies which recognize the rights and dignity of all people, including students and employees, and which foster sound management practices."

Byrd said she believes this later item is contradictory in terms of the other item.

"(This item) says the board recognizes your rights, but not if you are the minority," she said. Byrd said she respects the fact that the board often chooses one person to speak for the group to the press.

"Periodically, (board members) have been told that no one should talk to the press but a designated person," she said. However, she said if the press calls her with a question about an issue, she feels compelled to talk about it.

School Board Chairman Karen Smith said some policies the board adopts for itself come from state law, while others come from the New Hampshire School Board Association.

Each policy gets two readings before the school board, said Smith.

The first reading is used to introduce the policy. The second is used to get feedback on the policy and vote whether to adopt it.

Smith said the code of conduct will be voted for at the school board meeting in August, at the earliest.

She said the process of having two readings on a policy gives people a chance to better understand them.

"We want to give people time to digest and understand (the policy being voted on)," she said.

Smith defended the code of conduct policy that asks board members not to express disapproval of a majority decision.

"I think that is why we meet in public and have five members on our board," she said. "There will not always be a 5-0 vote. You have discussions and agree or disagree, but once (a vote) is taken, your duty is to carry out the will of the board."

Smith said if a board member speaks negatively about a decision that passes, it could affect public opinion.

"It is our responsibility to uphold a vote," she said. "If you do not, it undermines the will of the five people (on the board). When we take our oath of office, individuality goes away a little bit. I think what happens (when a member publicly denounces a board decision) is it creates doubt among the voters. It makes them think we can't run the school district correctly." SAU Superintendent Armand LaSelva said local school boards are run similarly to most governing bodies.

"If you look at most government boards, the majority decision is generally the governing action that the board is going to take," he said.

He said he empathized with Byrd, but said when a resident opts to run for a town or school board position, they should comply with its policies.

"If you think the particular policies interfere with your rights, your other choice is to remain a resident so you can take a stand against any (policy) you choose," he said.

However, Byrd said it is unconstitutional to try to prevent board members or other publicly elected officials from voicing their opinions on public policy. "You can't tell people that their point of view can't appear in the newspaper," she said.

This very situation took place in March, when Byrd publicly took issue with the Candia School Board's position on proposed renovations to the Candia moore School. The board supported the $6 million renovation plan, but Byrd questioned the wisdom of the plan in a letter to the editor. Voters at the School District Meeting killed the bond proposal 218-271.