Unfinished Business
(00:22:20)
Unfinished Business
a. Consideration of Facilities Upgrades
i. High School Athletic Complex
ii. YES & HMS School Playgrounds
On May 14, Dr. Dolloff presented the School Committee with his recommendations for
addressing facilities concerns at the YHS athletic complex and the HMS and YES playgrounds.
His report is included at the end of this packet. This evening, we will hear from consultants who
worked with YSD planning teams on each of these proposals as we seek approval to work with
the Town Council to develop a bond project which will – hopefully- be taken to the voters in
November. In reviewing the latest draft of the proposal from Activitas, we believe there should
be an adjustment made to the original recommendation, and the total project cost should be
$3,143,475. With approximately $1.1 million held in reserve for this project, the bonded amount
would be approximately $2,050,000.
Motion Emily Bryson_to recommend that the Town Council seek approval of the bond
project in the amount of $2,050,000 for upgrades to the High School track and turf field
and playground at Harrison Middle School and Yarmouth Elementary School.
Second:_Chelsea DeLorme___. Vote:_6-0__. Student Vote:_2-0___.
Public Comment to Agenda Item VII a.
V. Unfinished Business (con’d)
b. Consideration of Policy BEDH – Public Participation at School Committee Meetings
for a second reading.
Best practice requires us to ensure that our policy and practice are aligned with recent court
decisions. Our existing policy is aligned with these standards, and adjustments are recommended
to further clarify opportunities for public participation. Most notably, the policy now defines how
written testimony may be submitted, limits the public comment period to 30 minutes, identifies a
designated location for speakers, defines indecent and obscene language, and clarifies that no
comments – positive or negative – may be made about employees during this portion of the
agenda.
Public Participation at School Committee Meetings
NEPN/NSBA Code: BEDH
The primary purpose of School Committee meetings is to conduct the business of the School
Committee related to Committee policies, programs, and operations. All regular, special, and
emergency meetings of the School Committee are open to the public. The public is cordially
invited to attend and participate in School Committee meetings as provided in this policy.
The School Committee encourages residents and taxpayers of Yarmouth to attend School
Committee meetings so that they may become acquainted with the operations and programs of
the schools.
An agenda with supporting documentation shall be published in advance of each meeting in
accordance with School Committee policy. Copies will be posted and/or available prior to
regular meetings, at the Superintendent’s Office, and on the School Department’s
website. Anyone desiring additional information about an agenda item should direct such
inquiries to the Office of the Superintendent.
This policy applies only to meetings of the full School Committee, not to meetings of School
Committee subcommittees. Opportunity for public participation at School Committee
subcommittee meetings is not required but may be permitted in accordance with the School
Committee’s policy and/or rules pertaining to the operations of subcommittees.
Although School Committee meetings are not public forums, the School Committee recognizes
the value of public comments on school and educational matters.
At special, emergency, or workshop meetings, public comments will be limited to the topic(s) of
the particular meeting.
In addition to speaking during the designated public comment portion of the agenda at regular
School Committee meetings, members of the public are welcome to submit written comments on
school and educational matters, whether on the agenda or not, to the School Committee and
Superintendent. Written testimony submitted to the School Committee will not be read aloud
during public comment.
To permit fair, orderly, and inclusive expression of public comments at business meetings while
still allowing the Committee to conduct its business efficiently, the Committee has established
the following procedure for regular business meetings.
1. The School Committee will include a public comment period, not to exceed 30 minutes,
on the agenda of its regular business meetings. Individuals will be given equal amounts
of time to speak during the public comment period and may speak once, and are limited
to a maximum of three (3) minutes at each meeting. Individuals may not relinquish a
portion of their allotted time to another speaker. The length of the public comment period
and the time limits in this paragraph may be modified at a particular meeting at the
discretion of the Chair.
2. The School Committee will hear public comments from residents and taxpayers of
Yarmouth, as well as parents/guardians, students, and employees of the Yarmouth
Schools first. If there is time remaining in the public comment period once all residents
and taxpayers of Yarmouth as well as parents/guardians, students, and employees of the
Yarmouth Schools have had the opportunity to speak, the Chair will permit comments
from non-residents others. Individuals who wish to speak may be required to fill out a
sign-in form and review a copy of this policy. Each individual will be required to state
their name and town/city of residence before beginning their remarks.
3. In order to make efficient use of meeting time, the Committee requests that groups or
organizations be represented by designated spokespersons.
4. Individuals shall remain at the position designated for public comment during their
allotted time for comment. Speakers will not approach the Committee or move elsewhere
around the room during their comment period.
5. The Committee Chair is responsible for ensuring the orderly conduct of School
Committee meetings and for ensuring compliance with this policy, including the
following rules of order:
a. Speakers will be recognized by the Committee Chair, and comments should be
addressed to the Committee Chair. Requests for information or concerns that
require further research may be referred to the superintendent for further action, if
necessary.
b. Speakers should not expect that the School Committee or administration will
respond to questions or comments during the meeting.
c. Speakers are expected to follow rules of common etiquette and decorum for the
forum – a school business meeting at which students may be present – and are
required to refrain from (i) using indecent and/or obscene language, (ii) engaging
in disruptive conduct, including but not limited to inciting criminal conduct,
shouting, threatening others using words or by other actions, making defamatory
comments including refraining from using vulgar and/or obscene language,
yelling, threatening others using words or by other actions, making defamatory
comments, or otherwise engaging in any activity that disrupts orderly meeting
progress. Examples of disruptive conduct include, but are not limited to,
exceeding the allotted time limits, talking over or interrupting others, offering
repetitive comments, and offering comments on matters unrelated to the school
unit’s programs, policies, or operations.
Indecent – the remark is uttered before 10:00 p.m. and describes or depicts
sexual or excretory activities or organs in a patently offensive manner as
measured by contemporary community standards.
Obscene – the remark appeals to the prurient (i.e., shameful, morbid, or
unwholesome fascination with sex, nudity, or excretory functions) interest;
depicts or describes sexual conduct in a patently offensive way; and, taken
as a whole, lacks serious literary, artistic, political or scientific value.
d. Discussion of personnel matters is not permitted during the public comment
period due to the privacy, confidentiality, and due process rights of school unit
employees. For purposes of this policy, “discussion of a personnel matter” means
any discussion, whether positive or negative, of job performance or conduct of a
school unit employee, including complaints or positive/complimentary comments
about them.
e. Discussion of matters involving individual students is also not permitted during
the public comment period due to the privacy, confidentiality, and due process
rights of the school unit’s students.
f. Any concerns about personnel matters and/or student matters should be directed
to the Superintendent or another appropriate administrator outside of School
Committee meetings so that they can be addressed through an alternative channel
and in a manner consistent with privacy, confidentiality, and due process rights of
the individuals involved.
g. The Committee Chair will stop any public comment that is contrary to these
rules.
h. Individuals who disrupt a School Committee meeting may be asked to leave to
allow the School Committee to conduct its business in an orderly manner. The
Committee Chair may request the assistance of law enforcement if necessary to
address disruptions or safety concerns.
Legal Reference:
20-A MRSA § 1001(20)
20-A MRSA § 6101
1 MRSA § 405
Cross Reference:
BE – School Board Meetings
BEC – Executive Session
BEDA – Notification of School Committee Meetings
BEDB – Agenda
BEDB-R – Agenda Format
BEDD – Rules of Order
KE – Public Concerns and Complaints
Adopted: Prior to 1982
Revised: May 11, 1992, June 8, 1992, December 13, 1993, February 27, 2001, January 13, 2005,
November 1, 2011, December 8, 2011, April 9, 2020, January 12, 2023, November 9, 2023
Motion: Anne Fleming _ to approve for a second reading Policy BEDH – Public Participation at
School Committee Meetings.
Second:_Tom McGintee___. Vote:_6-0__. Student Vote:_2-0__.