YCSD Changing Policies - The (Un)Fairman Effect

At the Regular YCSD School Board meeting on Monday, March 24, the board will consider, and likely enact, changes to its self-governance that are aimed at minimizing the (Un)Fairman Effect.

The Board has drawn up several measures that should reduce the negative effects Board member Lynda Fairman has wrecked on the function of the York County School Board and attempt to insulate the Board from future legal liability. Three new elements of the policies included in Book B - School Board Governance and Operations of the York County School Board Policy Manual look like they are custom-made to rein in Fairman.

Promoting Transparency

The Freedom of Information Act (FOIA) regulation is a Federal law that grants the public rights to information from their governing bodies. It gives citizens an expectation of public transparency. Fairman has ignored the YCSD Board’s process for transparent communication and when called upon to supply her texts for a FOIA request, she failed to fully comply. Fairman felt like her opinion about what texts to supply trumped the requirements - a view that violated both the spirit and letter of the law. Fairman also didn’t follow the established YCSD policy for processing a FOIA request.

To make it clear that FOIA actually applies to Fairman, the addition to Policy BHB - School Board Member In-Service Activities, requires that, “Each elected board member completes a training session on the Virginia Freedom of Information Act (FOIA) provided by the Virginia Freedom of Information Advisory Council or the Board’s attorney within two months of assuming office and thereafter at least once every two calendar years.”

I don’t envy Ms. Berry that task.

One can hope that Fairman will actually take the training. Whether it will alter her behavior is yet to be seen.

Adding Items to Board Agendas

Fairman has been reminded, more than once, that if she wants to bring up an issue for the board to consider, she needs to put it on the meeting agenda. However, being a very important snowflake, she doesn’t follow the existing Board process to add agenda items. She would rather ambush her colleagues and the public by spewing out ‘concerns’ without firm facts or foundation. Hearsay (her-say) is good enough for her. Her fears and solutions-in-search-of-a-problem wouldn’t warrant a spot on the agenda.

In policy BDDC - Agenda Preparation and Dissemination, the board has created a subtle but potent text change that should filter out any Fairman’s efforts to elevate conspiracy theories to legitimate issues. The change moves the phrase, “…following input from all Board members…” from applying to the superintendent to applying to a Board member when submitting agenda items.

The agenda is drafted by the Board Chair and the superintendent and prepared by the clerk. The agenda will include matters of business submitted by Board members, following input from all Board members, or the superintendent to the Board Chair following input from all Board members.

If the policy is accepted, Fairman will need to get input from her fellow Board members if she wants to add something to the agenda. The change in the text places the oversight where it belongs - on a rouge Board member with a culture-war axe to grind.

Her Verbal Agenda

Since Fairman can’t bother to do the work to get an item of business on the Board’s agenda, she just brings a list of grievances and loopy ideas to the dais and rattles them off during the “Matters by Board Members” portion of the meetings. Unfortunately, Fairman has put more than her foot in her mouth, her verbal muckraking has sullied the Superintendent, the Board and threatened to suck the entire District into a black hole of legal action.

To keep Fairman from making a mess with her mouth, the new policy has eliminated "Matters by Board Member” from future agendas. Fairman couldn’t seem to get the hint that this agenda item was an opportunity to focus on the students and how Board members interacted with the schools. Unfortunately, by eliminating the agenda item, none of the Board members will be able to recount their recent activities on behalf of the District during the meeting.

The policy is like a baby gate that keeps a toddler in check but is inconvenient for everyone.

It’s the (Un)Fairman effect.