Lack of computer access prompts school board resignation
March 31, 2022 | By Lisa Scagliotti And then there were three openings on the Harwood school board.
The Town Meeting Day election added several new members to the Harwood Unified Union School District School Board but failed to attract any candidates for openings representing both Duxbury and Fayston.
Now the board has a third vacancy to fill after one newly elected member from Waterbury submitted her resignation in frustration over lack of computer access to conduct board business.
Last Tuesday, March 22, the school district posted a notice on Waterbury’s Front Porch Forum that there is a new school board vacancy to be filled. It did not specify which of the four Waterbury seats was open.
The spot belonged to Jacqueline Kelleher who ran as a write-in candidate in the March 1 election. Kelleher stepped up to run after the January filing deadline when she learned that no one would be on the ballot for the position.
She easily won the required 30 votes needed for a write-in candidate as 103 voters filled in her name on their ballots. The position would last for two years that are remaining on a three-year term.
Kelleher was the third person in a year to hold the seat. Michael Frank was elected to it in March 2021 and resigned last June. Scott Culver then was appointed to serve until March 1 and he opted not to run for the remainder of the term.
Kelleher works for the state Agency of Education as director of special education. She applied last summer to serve on the school board when the seat was open, but withdrew out of concern that her job would prevent her from serving on a local school board. She said she since cleared the move with Education Secretary Dan French before running as a write-in for the March election.
A short tenure
Kelleher attended the board’s brief organizational meeting on March 9 when the group welcomed the newly elected members and chose officers for the coming year.
Following that meeting, a school district staffer contacted Kelleher regarding getting set up in her position. New members receive materials related to their service and are issued an email address on the district’s computer system.
During that process, Kelleher noted that she does not own her own personal computer separate from a state computer she uses for her job.
“I then requested access to an electronic device (such as a loaner chromebook on its last leg) that I could work with and store board documents/access virtual workspace to conduct board transactions. I was told this was not possible,” she wrote in an email to board Chair Kristen Rodgers on March 10. “Because I do not have access to a laptop/IPAD/chromebook to conduct board business, I will need to request that the district prints out board materials for each board meeting… I know this will be a burden, but outside of accessing email, I do not have capacity to purchase an electronic device for board work and collaboration.”
On March 11, Rodgers replied to Kelleher saying that the school district has not budgeted for the cost of loaner devices for board members. She noted that paper copies of agendas and board meeting materials could be provided, but that would not be ideal.
“Additionally the expectation is that all board members have access to email, zoom, committee meetings, confidential files, and time sensitive blasts. These responsibilities would not be suitable for printing or going through a third party,” Rodgers explained.
She outlined several options: “Moving forward: You may decided [sic] to use your stipend that is given at the end of your service year towards a new device….You may use your personal computer (this is currently what all board members have chosen to do thus far) Ask your town if they would be willing to purchase a device for you. Step down as a board representative.”
Rodgers continued: “I am sorry we can not fulfill this request. Please let me know how you wish to move forward on this by April 1st.”
Kelleher said she didn’t view any of the options as workable. The board member stipend of $750 is given to members at the end of their year of service, in this case March 2023. She also said she stopped accessing her school email account after sending the resignation letter email.
John Quinn is the Chief Information Officer and Secretary of Digital Services for the state of Vermont. He confirmed Kelleher’s understanding of state policy regarding work computer devices. “A limited degree of personal use of the Internet, electronic and wireless communication devices and services, and email capabilities where personal use meets certain tests outlined in the Policy is allowed,” he said in an email to Waterbury Roundabout. “While not strictly prohibited, use of State devices to conduct non-state business is generally disfavored.”
Miscommunication
On March 14, Kelleher wrote back to Rodgers and Vice Chair Kelley Hackett saying she checked with the Waterbury town clerk that having access to a personal electronic device was not a prerequisite for serving on the school board.
“I am not going to volunteer for a Board that will essentially say you must have access to personal technology to engage in board business,” she wrote. "I will not serve as a volunteer where public citizens offering to serve are not given equitable access and opportunity to support a district. This is elitist and quite frankly discriminatory. I have dedicated my life to access, equity, and opportunity for children, youth, and families. Clearly this Board work does not align with values that I have."
She also outlined concerns about using a personal computer for board business should electronic records be subject to any litigation in the future. Kelleher concludes by offering her resignation:
“I hope in the future the Board can identify a solution that supports Board members who do not have access to technology or for Board members seeking to protect their right to privacy when they make themselves vulnerable on personal electronic equipment to engage in Board business," she wrote. "Given your response, it seems my only option is to step down. I hereby submit my resignation. This is indeed unfortunate. I had a lot to offer our district. I am deeply saddened I cannot afford (literally) to serve my community and share my professional expertise as we forge ahead in these challenging times."
Rodgers in a March 16 reply to Kelleher and later to Waterbury Roundabout stressed that school email accounts are through the district’s website and could be accessed easily for records requests, making it unnecessary for a board member’s personal computer to be at issue should there be litigation.
In a public information request, Waterbury Roundabout obtained emails to and from Kelleher’s school district account. There were several messages to Kelleher following her resignation message and after the time she said she stopped looking at messages in that email account.
In the March 16 note to Kelleher, Rodgers and Hackett suggested one alternative: “If it is a financial burden for you and you do not have a device, then there might be an option that the district could consider paying you the $750 stipend upfront so that you may purchase a device to use for board matters.”
Kelleher said she did not see that message which also contained a request that she reconsider resigning.
“We discourage you from resigning. We think you will be an excellent member. However, if you are willing to stay on as an active member of the board, please let us know,” Rodgers and Hackett wrote.
On the 21st, another email from the leaders to Kelleher said: “Since we didn’t hear back from you regarding reconsidering stepping down. We will accept your letter of resignation effective Monday March 21, 2022.”
Rodgers also informed the other board members of Kelleher’s resignation in a group email on March 21: “We wanted to let you know Jacqui has resigned her seat on the school board, we will be advertising the open seat immediately.”
The notice of the board vacancy was posted the following day. Kelleher did not attend the board’s regular meeting last week on March 23 nor was her resignation mentioned during that meeting.
When asked about messages sent to Kelleher’s school email account that she may not have seen, Rodgers in an email to Waterbury Roundabout this week explained that she had only used Kelleher’s school district email address.
“Unfortunately, it never occurred to me to copy Jacqui’s personal email as that is not how board members are supposed to communicate. All communications are supposed to be on the District’s server so that they can be available for production to the public,” she said.
Still, there may be a need to further discuss this issue, Rodgers acknowledged. “This situation has caused us to pause at our practices and while we navigate these new requirement and times we realize there is more discussion to be had on this topic. After convening with [Superintendent] Brigid [Nease], we learned that this request has never been made before now.”
Indeed, the situation appears to be rare. Sue Ceglowski, executive director of the Vermont School Boards Association this week said the group does not have any draft policy for school boards to turn to regarding technology or computer access for board members to fulfill their duties. When told of Kelleher’s resignation and the computer access concern, Ceglowski said, “This is the first time this issue has come up.”
Ceglowski noted that the association does advise school boards to instruct members to have an email account just for school board business. The Harwood board gives school board members an email account on the school system for that purpose.
Although Kelleher’s resignation was accepted March 21, Waterbury Town Clerk Carla Lawrence Thursday said she had not yet received an official communication of the resignation. When the position became vacant last year, the Waterbury Select Board interviewed applicants to offer input to the school board which made the appointment, naming Culver at the time. The school board’s procedure for filling vacancies allows the select board from the town the board member represents to review applications and make a recommendation.
Three seats to fill
Anyone interested in any of the three openings on the HUUSD School Board – one each for Duxbury, Fayston and Waterbury – should send a letter of interest to school board Chair Kristen Rodgers and Superintendent Brigid Nease at krodgers@huusd.org and bnease@huusd.org.
LETTER: Kelleher explains reasons for resignation
Editor’s Note: This below is the March 14 resignation letter from HUUSD School Board member Jacqueline Kelleher of Waterbury to board Chair Kristen Rodgers and Vice Chair Kelley Hackett.
This is indeed unfortunate and makes the decision by April 1st, which you have imposed, quite clear.
I have confirmed with the Waterbury town clerk that having access to a personal electronic device is not a prerequisite for serving in the voluntary position as Board member. There is no town policy that says to volunteer in service you must have a personal electronic device and maintain sensitive district information within. I am not going to volunteer for a Board that will essentially say you must have access to personal technology to engage in board business. I will not serve as a volunteer where public citizens offering to serve are not given equitable access and opportunity to support a district. This is elitist and quite frankly discriminatory. I have dedicated my life to access, equity, and opportunity for children, youth, and families. Clearly this Board work does not align with values that I have.
I have been told by the Board Chair and the district that it is not possible to loan me a district issued, used device and that my options include having my town buy me one or to step down from the position. No offer to help or otherwise look for a way to accommodate this situation for full, meaningful engagement. No outreach to support a new Board member eager to provide a professional lens or find ways to help grant a new Board member access when they do not have the resources to engage with or secure a personal device. This is not the environment where I can offer public service given a devaluation of the principles I stand behind and advocate for – equity and access. I asked for help on an access issue and was told there are limited to no supports and my situation is not conducive to board work. I was told one of the four options was to step down because of my situation.
Further, I think it is unacceptable to expect that every Board member will feel comfortable working on and maintaining highly sensitive district information on personal technology, particularly given information is subject to FOI and a personal device is subject to potential seizure in a discovery process should there be litigation. Not to mention concerns with cybersecurity that have not been covered with the Board.
Even if I had access to a sole device for Board business that I owned personally, I am concerned that the devices we use as Board members can, and maybe will, be disclosed some day. For instance, the Federal Rules of Civil Procedure allow for a party to receive electronically stored information as part of the discovery process. So if I want my personal phone, which is the only means I have for Board work at this time, kept out of the discovery process in a lawsuit, I have to be incredibly careful in what devices I use to conduct Board business. This can place a Board member at risk when typically in other states the district issues electronic equipment and email systems intended to be used for Board member business.
Further, there is an expectation we are working with electronic records, and a school attorney may inform us that a hold has been placed on the electronic information on our personal computers or smartphones. We will have to precisely understand what electronic information is at issue, on which devices we are to preserve it, and for how long – failure to preserve electronic documents can have consequences for Board members or the school district in litigation. Not to mention retention requirements and using personal devices for file maintenance....
Finally, I asked our district and then the Board Chair if I could borrow or be loaned a used chromebook so I can actively participate. I was told this was not possible. As I reflected further on the issue, it moved beyond the uncomfortable question of using personal devices which leaves Board member privacy vulnerable, to one of equity and access in this role. Why do we lack an option for those who elect not to use or do not have a personal device? There are many qualified voters in this district who may not be able to serve a School Board given their economic or resource circumstances and this is unacceptable. And then to impose a "decision" deadline without Board/district input? By what authority is that being imposed on another Board member? This is outrageous.
I hope in the future the Board can identify a solution that supports Board members who do not have access to technology or for Board members seeking to protect their right to privacy when they make themselves vulnerable on personal electronic equipment to engage in Board business.
Given your response, it seems my only option is to step down. I hereby submit my resignation. This is indeed unfortunate. I had a lot to offer our district. I am deeply saddened I cannot afford (literally) to serve my community and share my professional expertise as we forge ahead in these challenging times.
~ Dr. Jacqueline P. Kelleher