Nothing wrong with Bentonville School Board's vote on bus service, attorney says

Bentonville School District administration building.
Bentonville School District administration building.

BENTONVILLE -- The School Board president said he stands by his decision to restrict a fellow member who was participating in a meeting remotely from voting on an issue.

Board policy lacks specific instruction for him to do so in that circumstance, but School District attorney Marshall Ney said Eric White's action was consistent with the board's "historical interpretation" of the policy.

The board held a special meeting Tuesday to hear concerns from Lochmoor Club subdivision residents, who were seeking reinstatement of school bus service to their neighborhood. The district decided earlier this year to eliminate busing for elementary, middle and junior high students in the subdivision, though parents did not learn of the decision until a week before the school year started.

When board Vice President Matt Burgess made a motion to restore busing to Lochmoor Club, White told member Brent Leas, who was participating in the meeting by phone, he wasn't allowed to vote because he didn't have access to the same material the rest of the members had.

The vote on the motion ended in a 3-3 tie, which meant the motion failed.

A slide deck presented by administrators at the meeting didn't make it onto the board's online agenda, so Leas wasn't able to view it and therefore "wasn't privy to the same set of facts we were," said White, who cited state law in his decision.

The law doesn't include such a restriction, nor does the board's own policy, which was written by the Arkansas School Boards Association. The policy does state, however, a board member who attends remotely shall have "the same rights and privileges" as if they were physically present.

"While the policy language drafted by the ASBA is susceptible to more than one interpretation, none of the alternatives are more persuasive than the Bentonville Board of Education's historical interpretation, which requires that the remotely participating board member have access to all written materials being shared at the meeting to satisfy the requirements of the policy," Ney wrote in an email.

Asked if the policy should be revised to be more explicit, Ney said, "Policies get tested in moments of controversy. Any time you can improve on language to clarify a circumstance of multiple interpretations, you're well advised to do it."

Board member Travis Riggs, who was president when the policy was instituted, said he thought White handled the situation exactly the way he should have. Whenever a member participates remotely at a meeting, that person is asked upfront whether they have all the board documents and can hear the meeting, Riggs said.

Leas said during the meeting he was disappointed he couldn't vote, adding he probably would have voted for the motion to restore bus service. Leas, when contacted Friday, again expressed disappointment, but said he agreed White made the right call.

"I didn't know how I was going to vote," he said. "I felt like I would have voted yes, but if I had had the opportunity to read through the district's presentation and digest the notes in a visible way, I may have felt different."

Lochmoor Club residents called the special meeting on the transportation issue by obtaining more than 50 signatures. They have expressed concerns about the safety of students when walking or biking to school. Their only route is through a developing neighborhood with many homes under construction. Walkers must cross the street several times to stay on a sidewalk.

Superintendent Debbie Jones contacted Lou Rhuda, Lochmoor Club's Property Owners Association president, offering the residents another special meeting with the board without having to go through the petition process.

Rhuda said he and other residents haven't decided whether to accept that invitation. He sent Jones some questions via email and is awaiting her answers.

"It's nice," he said about Jones' offer. "But what would be different?"

NW News on 09/21/2019

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