School board discusses how to address superintendent selection process
The Lee County School Board recently had another lengthy discussion of what its role should be in educating the public about an elected superintendent versus one appointed by the board.
Board Member Chris Patricca asked that staff put together a factual, engaging presentation regarding the differences of elected versus an appointed superintendent, as well as historical context, which got some push back from some board members.
“I appreciate the legal team giving us this information. I do not feel comfortable going out and teaching everyone what the difference is. I believe the information is clear. If they want to find out more information, they can ask for that. I don’t think it is something we as a board should do. This is a preference as opposed to a financial need for children’s education,” Board Member Gwyn Gittens said, referring to the half cent penny sales tax.
The PowerPoint presentation the legal team put together had ballot verbiage for an elected superintendent.
“Currently, by resolution of the Lee County School Board, the Superintendent of Schools for the Lee County School District is an appointed, rather than an elected, position. Shall Chapter 2022- , Laws of Florida, which repeals the aforesaid resolution and provides that the Superintendent of Schools shall no longer be appointed by the Lee County School Board, but rather shall be elected in a partisan election by vote of qualified electors residing in Lee County for a term of four years, beginning with the 2024 general election, become effective?”
Both the school board attorney and superintendent erred on the side of caution for board members to share information about an elected versus appointed superintendent.
School Board Attorney Kathy Dupuy-Bruno said the board members can use the PowerPoint, which was presented to the board during its April 11 workshop by the legal team.
“It is factual information based on the law. You can educate the public on facts. Legal will caution staff and the district to be careful not to cross the fine line. Florida Statute is very explicit that political officials have the right to say your opinion and go whereever you want. You have the right to. To use district resources, you have to be careful with,” she said, adding that the school board cannot tell staff to make phone calls to say vote one way or another, or create flyers to approve, or not to approve.
She said there is a very fine line between political advocacy and what one would deem as factual education.
“The attorneys will always err on the side of caution. Where that line crosses sometimes is where the attorney loses sleep at night,” Dupuy-Bruno said.
Superintendent Dr. Ken Savage also advised the board to be cautious, as they need to be as apolitical as possible and not have anything misconstrued as the district being political advocates.
“It’s a real concern if we are over-engaging in political issues,” he said.
Board Member Betsy Vaughn said it is a different political climate, as people who support elected superintendents will be looking at everything the district does with a fine-tooth comb.
“I thought this was an excellent presentation because it puts most of it all in one place and it’s a great starting place for us to go out. I don’t know what more we need to have. In this political climate the people that support elected superintendents are going to be watching every little move,” she said.
Patricca said although the half cent penny sales tax was very politically charged, they were able to go out into the community and provide presentations without taking a side and advocating. She told the board they have already taken a stance on the issue, and that she is only asking for the tools necessary to engage with the community.
“It’s a way to engage the community and have them walk away from a presentation and remember the facts. If you have a concern about crossing the line, don’t give the presentation,” she said.
Board Member Melisa Giovannelli said they should make their own PowerPoint and share with others.
“It’s a free for all. I have confidence in voters and they will decide to have an elected, or appointed one. Take ownership of why we are here to begin with. We don’t work well with legislatures. They decided to give the power back to the people,” she said.
With Board Member Mary Fischer having to depart from the meeting early, the consensus to move forward came to a halt with a tied vote to have staff create the PowerPoint. The topic will be brought up again when all board members are present.
Out of the 67 school districts in Florida, 29 have an appointed superintendent, while 38 have an elected superintendent. According to the district, Pasco County is the only county in the top 10 districts for student population with an elected superintendent.
A referendum to change the superintendents position from elected to appointed in Lee County took place on Nov. 5, 1974.
According to the district, the qualifications for an elected superintendent is “that the person must not be convicted of a felony, or be adjudicated mentally incompetent, and must live in the school district they wish to represent.”
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