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Public comment on a prospective hire blocked; board adds executive session for legal advice under M.R.S. 405(6)(E)

May 03, 2025 | RSU 40/MSAD 40, School Districts, Maine


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Public comment on a prospective hire blocked; board adds executive session for legal advice under M.R.S. 405(6)(E)
During the public comment period at the RSU 40/MSAD 40 meeting, two speakers attempted to raise concerns about a planned hiring, but the board chair stopped them from naming an individual and cited board policy restricting complaints about district employees or specific students.

Robert Smith identified himself: "My name is Robert Smith. I live in Waldenborough. I'm a parent of several students in the district and a recent graduate." He said he came "to express my concern about the district's plan to hire, Justin Mary as a teacher at the Warren Community School." The chair interrupted and explained that the board cannot hear complaints or allegations concerning any person employed by the district or against particular students in public comment and asked speakers to avoid naming individuals. Smith said he intended to place information in the public record and was addressing a board action, but the chair reiterated the restriction.

Tory Barrow followed and said, "I have the same concerns." The chair reminded speakers of board policy and of the expectation that comments comply with policy BEDH (public participation) and policy AC (nondiscrimination/equal opportunity). The chair read meeting rules and said copies of the policies were available near the sign-in sheet.

After public comment, the chair proposed and the board moved to add an executive session before action items for legal advice. The chair announced the statutory basis as "1 MRS 4056E, advice from legal counsel." The motion to add the executive session was moved and seconded; the board voted in favor. The chair recorded the voice vote as "Yes" and later announced a tally for the motion to enter executive session as recorded in the transcript as "7 61. 7 61 to 0. 1 24." (transcript verbatim).

Discussion versus action: The public comments were halted under board policy (discussion restricted); the board then took formal action to add an executive session for legal counsel. No personnel hire was voted on in open session at this meeting.

Ending: The board chair advised speakers to consult the posted policies and left further research and personnel complaints to the superintendent to address outside public comment.

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Scribe from Workplace AI
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