School Board candidate campaigning caused some controversy last week as the current Pine River-Backus school board held emergency meeting oct. 22. to discuss a web site.
The school board's Attorney Gloria Olsen (Kennedy & Graven Chartered) spoke with board members via speakerphone.
Olsen highlighted three concerns with a joint candidate Web site that, in her opinion, could open the district to legal liability.
Olsen said that she had had conversations with three board members and the superintendent about the Web site representing three candidates for school board: incumbents Darren Sonenstahl and Dawn Rubner, and community member Jerry Peterson, who is also running for a board seat.
Olsen had three primary concerns.
The first dealt with a state law regarding prohibited public employee activities. Namely, an official of a political subdivision (like a school board) may not use official authority or influence to compel a person to take part in a political activity (like voting.)
"People have looked at the Web site and came to the conclusion that it was an official site," Olsen said.
Initially the URL for the Web site was: www.prbschoolboard.com.
The address left enough ambiguity that someone could come to the incorrect conclusion that the school board is endorsing candidates, Olsen said. She added that there has been feedback from a school board member, a district employee and a community member that have seen it as an endorsement.
The Web site address has since been changed to www.unofficialprbforum.com and statements on the Web site include: "This site is privately owned and operated," "Unofficial PRB Forum," "We are NOT soliciting comments about employees of the school district and this site is NOT endorsed by the school board."
The second concern Olsen had dealt with a state law concerning a false claim of support by a candidate.
The board members objecting to the Web site felt that it could be interpreted as being endorsed by the school board at large, which it is not.
In response, the board passed a resolution, Oct. 22, to state that they "did not authorize, approve or support," the Web site under either URL (Web address). They also resolved that the Web site be removed immediately by those responsible for it.
Board Members Darren Sonenstahl and Dawn Rubner voted against the two-part resolution. Both wanted the resolution to be separated into two so they could vote in favor of the resolution of the board's not endorsing the Web site and against the board's request that the Web site be taken down immediately.
Board Member Katy Botz abstained from voting.
Board Members Colleen Rudlang, Garny Gaffey, Sandy Poferl and Jim Coffland all voted in favor of the measure.
The third concern Olsen expressed was with data privacy and the school board's responsibility to not release personal, private data of school employees.
According to a statement on the Web site, they are not soliciting comments about district employees through the site.
Board Members Colleen Rudlang and Jim Coffland said that they had both been contacted by individuals (incorrectly) wondering why the district was "endorsing" certain candidates.
Board Member Sandy Poferl said she was "personally affronted," by the Web site.
"I'm not sure why any board member would assume they can take a vehicle of the district for their own purpose," said board member Garny Gaffey.
Darren Sonenstahl, one of the candidates represented on the Web site, said, "We went out of our way to make it appear unofficial."
"I feel the board is trying to stifle members who are trying to be elected," he added. "We've never made a false claim of support."
Dawn Rubner, another candidate represented on the Web site said, "I do not want to put the school board in jeopardy, but I do feel I have rights from the U.S. Constitution and the freedom of speech; I have the right to campaign."
Rubner made a motion to separate the already-passed resolution into two resolutions. Sonenstahl seconded her motion, which failed by a 2-5 vote.
A motion to adjourn failed and after some heated discussion; board members Rubner and Sonenstahl left an hour into the meeting.
After more discussion in the same vein, the meeting adjourned.