ACLU looking into public comment policy

TORRINGTON> > A policy that bars airing “personal grievances” at Torrington Board of Education meetings is being investigated by the American Civil Liberties Union, to determine if it violates First Amendment rights.

“What we plan to do now is investigate how the board of education in Torrington is implementing this policy,” said Dave McGuire, an attorney for the ACLU, Thursday.

A statement board of education members read before each public comment section was called, “concerning,” by McGuire.

“The board will not allow comments regarding specific staff members or personal grievances,” reads a paragraph contained in each of the board’s minutes and read before each public comment section.

McGuire said the term, “personal grievances” is both vague and could be construed to mean that personal commendations are acceptable, while a negative comments of a similar nature would be unacceptable.

“I am not aware of any other governing board which uses the term ‘ personal grievances.’ There is some vagueness and ambiguity in that term,” said McGuire.

Torrington Board of Education chair Ken Traub said the passage is not a “policy.”

“I don’t think it’s a written policy as much as a written statement,” he said.

While it’s not clear when the “statement” was put in place, Traub said it’s been there since he was first elected to the board in 2009.

“It’s meant to just keep a personal difference from being aired at a meeting as opposed to a professional or school-related matter,” said Traub. For example, Traub said, a comment addressing a person’s dress or hair would not be acceptable, but that criticisms of how an employee conducts a classroom would be.

Traub also said board members and employees have rights to be present during an evaluation, and to hold that evaluation in executive session or in public.

“If someone comes in and just starts tearing into me, you have the right to say, ‘Hey I want this to be held in executive session. I don’t want to be evaluated in a public meeting,’” said Traub. He said anyone from board of education members to em- ployees have the right to hold evaluations in executive session.

The ACLU begins the nascent investigation by reviewing minutes and videos of meetings.

The organization is also asking that members of the public who didn’t air grievances because of the policy, or who felt they were silenced, should contact the organization.

That reaction, self- censoring because of a policy, is known as a “chilling” effect on free speech.

At this point in the investigation, McGuire said it’s unclear if the passage is being equally implemented. If, for example, both personal commendations and personal grievances are barred, then the passage may not require action from the ACLU.

Not all free speech regulations are illegal. What’s known as “subject matter jurisdictions,” allow boards to limit the amount of time members of the public can speak.

The Torrington Board of Education limits public comment to three minutes per speaker and 10 minutes overall.