The Citrus College Board of Trustees disagreed over a revision to its Code of Ethics on Aug. 20.
Trustee Ed Ortell requested to divide the motion between the previously agreed Code and amended provisions he contested.
Ortell contended the new language in the Board’s Code of Ethics could limit his free speech rights, hurt his constituents and restrict his use of the press.
His motion to divide was denied after receiving no second.
Their dispute arose over differing interpretations of a Board Policy 2715 taken from
“While you respect the majority and you’re willing to abide by it, you may not want to support that particular approach,” Ortell said.
Ortell also writes for a Duarte newspaper. Ortell voiced concern for the policy’s restriction on communication to the press and public about opinions contrary to the board’s decision.
“Also, it says it’s unethical to speak out, and I think that’s just so counter to free speech,” Ortell said.
The language Ortell opposed was drawn, under the heading “Board as a unit,” in the League of Community Colleges of California “The Ethical and Lawful Board of Trustees California Community Colleges.” In the document, the conduct of trustees is proscribed.
“Once the board has decided on a policy or position, a trustee must be prepared to support it publicly,” the ethics document describes. “It is unethical to try to use authority independently from the board, to speak out against, or to try to sabotage a board decision.”
“It shouldn’t be unethical to exercise your right to free speech,” Ortell said. “I don’t think one should be restricted in terms of speaking out on an issue.”
Trustee Joanne Montgomery said the policy would not compel a member to publicly support something they opposed.
Ortell disagreed again.
“It doesn’t say that; It says you must,” Ortell said. “No it doesn’t, it says it is unethical to try to use authority independent of the board.”
“No it doesn’t,” Keith responded. She re-read the Board Policy to the crowd.
All except Ortell approved the new policy. He loudly voted with a “no.”
Dickerson said she understood Ortell’s concern, but said she had a different reading of the policy.
“What I understood about this policy to say is that as a trustee, when I’m out in public, even if I have had disagreements with an issue the board has considered that I publically would say that the board has supported or not supported x,” Dickerson said. “I think what that says is, I don’t go to my city council and say as a trustee this is what we should do.”
American Council of Trustees and Alumni President Michael Poliakoff emailed a statement in response to the new Board Policy.
“Trustees have a fiduciary responsibility to the institution, the students and the taxpayers,” Poliakoff said. “Transparency is key to maintaining a healthy and trusting relationship with all of the institution’s stakeholders.
“A well-governed board should foster a culture of debate and deliberation, as the parties decide what is best for the institution. Board members have a duty of loyalty to the institution, but a gag order may undermine the trustee’s duty of obedience to mission and to law.”
Board President Sue Keith also supported the Board Policy, but has a different interpretation.
“I don’t feel like it’s a gag order at all,” Keith said. “I just feel it’s the best way we can operate as a board.”
Keith said board members could still oppose issues they disagreed with, but not in their capacity as a board member.
“When in law, our authority is only us as a board,” Keith said. “Individuals don’t need permission from the board to even make suggestions even for something to do with our own community.”
Trustee Barbara Dickerson approved the measure. She offered a different interpretation of the policy from Keith.
“I don’t see it bringing about disagreement,” Dickerson said. “The code of ethics does not say board members cannot disagree. It is, really referencing speaking in public outside of a board meeting in your community, using your platform as a trustee to then opine on an issue. The board may not even take a position on the issue.”
Ortell said he was concerned controversial topics would divide the Board, and the new policy would stifle debate. But Keith said the policy does not depart from trustees’ previous behavior expectation.
“Once a board has made a decision, the only person who can speak for the board is the board president,” Keith said. “There wasn’t a second for separating that document, but he was able to say what he wanted to say.”
