| Subject: Re: [EL] Mandatory consensus among public officials |
| From: "Volokh, Eugene" <VOLOKH@law.ucla.edu> |
| Date: 1/21/2011, 2:54 PM |
| To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu> |
I haven’t heard of such policies; but as to their legality, wouldn’t much turn on just what is done to the dissenter? A censure, for instance, sounds simply like a public statement that the board is free to make. Likewise, removal from committee assignments – assuming this does not violate state law or school board policy – sounds constitutionally permissible. I take it the Senate leadership, for instance, may and does dole out committee assignments based partly on whether it likes what Senators say (and in particular whether they associate with the Republican Party or the Democratic Party).
On the other hand, I would think that expulsion from the school board would likely be unconstitutional under Bond v. Floyd. Or am I mistaken?
Eugene
From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Jason C. Miller
Sent: Thursday, January 20, 2011 9:27 AM
To: Election Law
Subject: [EL] Mandatory consensus among public officials
The board governance policy for the Jefferson County, Colorado school board has made the news recently. JeffCo is a large district in the suburbs of Denver with a $1 billion budget. A dispute has brewed up between the political majority on the board and a member of the minority.
The board's policy calls for all members to speak with one voice in public--even if one of these elected members votes against a policy, she cannot disagree with the board to her constituents. The policy also prohibits any member other than the president from speaking to the media.
The board voted to oppose three state-wide ballot initiatives in the last election. One member allegedly supported the initiatives at a public form. She was censured for taking this position, and threatened with removal from her committee assignments (I'm not sure if impeachment was talked about).
Has anybody heard of similar policies elsewhere? Have they ever been challenged in court?
--
Jason C. Miller
Attorney & Counselor at Law
(517) 204-3213
(720) 258-6073
jcmiller@gmail.com