Friday  •  November 22, 2019

Recap & Reflections on the Final 2019 HCPSS Redistricting Vote

Tonight’s unprecedented controversy was a fitting end to this entire broken process. It has shaken me to the core. I’m stunned, and my heart aches for Ms. Coombs, for the Clemons Crossing community who suffered severe “redistricting whiplash”, and for everyone else caught up in this mess. After “the incident”, the rest of the meeting felt like a steamroller over everyone.

 

Here’s the summary of this shocking event: After a motion to move certain Clemons Crossing school polygons failed in a surprise 3-4 decision, with BOE member Kirsten Coombs as the deciding “No” vote, BOE member Jen Mallo “moved that the Board go into recess to consider the impacts of the failure of the motion.” Rep Taj quickly and emphatically called a “second” to affirm that request.

 

This startled everyone. Rep. Mallo walk briskly (almost stormed) out of the room. When the group returned, it was clear before they even sat down again that Rep. Coombs was visibly shaken, trying her best to keep from breaking down ; beet red and holding back tears. From the way that she looked, it was clear that something was wrong and that she was waging an internal battle. Was something said to scare, shame or intimidate her during the brief recess?

 

Reps Mallo and Ellis then proceeded to arrange a re-vote for the situation. Struggling to keep composed, Rep Coombs mentioned that she had to now vote ‘yes’, “otherwise the entire plan falls apart“. She struggled through the revote, voting ‘yes’ through tears, and the rest is history.

 

So where does this stand procedurally? The Board didn’t mention any exception to the Open Meetings Act when they went into closed session. Clearly, during that recess, efforts were made to strong arm Rep. Coombs into changing her vote. After their private meeting during this over-arching open-to-the-public meeting, the Board immediately voted to reconsider their previous vote. However, the community did not get to hear the justifications for why one Rep. Coombs changed her deciding vote to ensure that the motion passed on the re-vote. There also wasn’t a justification of one of the exceptions to go into a closed meeting. Prior to the recess, Rep. Wu had asked if a vote was needed after Rep. Mallo “moved to go into recess”, and he was told “no”.

 

After the Board realized that their action had potentially violated the Open Meetings Act, they took another brief recess and Chairwoman Ellis came back to state that she may have inadvertently stated that they went into closed meeting for administrative function, but they did not.

 

The Open Meetings Act manual introduction states:

The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.

 

This “recess” to discuss the impacts of this failed motion completely stripped away transparency to the process and put on display an example of political intimidation behind closed doors that shockingly undermines public trust. It clearly must be investigated as a potential violation of the Open Meetings Act.

Also, even if determined to not be an official violation, any BOE members who met with Rep Coombs during this recess should report on what they said to her and how they said it.

 

UPDATE: A formal complaint has been filed with the Maryland Open Meetings Compliance Board

Pre-recess Vote

Post-Recess Vote

Detailed summary of the exchange:
During the November 21, 2019 public vote by the Board of Education, the following transpired at these approximate timestamps: https://hcpsstv.new.swagit.com/videos/38244
4:01 Board member Coombs responds to other Board members who were questioning the validity of the data “Would any of these changes make a difference in your vote?”
4:11 After one motion fails (3-4 vote) for moves of certain neighborhoods, Board member Mallo states “I move that we go into recess to consider the impacts of that last failed motion”
Board member Taj “second”
Board Chair Ellis “We will go into recess…”
Board member Wu “Do we need a vote?”
Board administrator Hanks and Board Chair Ellis “No”
4:15 video resumes after an apparent motion to which Mallo states “Can I second that?”
Coombs (crying) “because otherwise the whole plan falls apart”
Board votes again on the failed motion and it passes (4-3) with Coombs changing her vote.
Upon information and belief, Board members bullied Coombs into changing her vote. The public had no ability to witness the deliberations which resulted in a change in whether a group of students who are currently walkers would be bused to a school farther away from their homes.

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