Friday, December 07, 2012

More on Dyer Decision

Last night former school board member Allen Dyer posted Judge Koteens' ruling on his dismissal on the howardpubliced discussion board.

In the 99 page decision, the judge levels several broadsides at Allen’s conduct as a school board member. A few of the highlights were:

“I have also concluded that the Respondent blatantly violated the confidentiality provisions of the Ethics Regulations and Policies after receiving unambiguous notice from the Ethics Panel 82 regarding his obligation to maintain the confidentiality of the Ethics proceedings.  His mass disclosure of the ethics materials was not justified by an anonymous and partially inaccurate leak of limited information or by erroneous advice from his private attorney.  The Respondent also disclosed other confidential information regarding the ethics investigation and invited Board members to attend the closed hearing even before the leak occurred.”

“I conclude that the Respondent's misconduct was substantial and harmful to the operations of the County Board and the school system.  The Respondent's blatant disregard of the confidentiality requirements of the ethics process demonstrated that the Respondent failed to accept that the Ethics Regulations and Policies applied equally to him as to everyone else.  He demonstrated disdain for the ethics process, the Ethics Panel, and its counsel, put his own interests above the confidentiality of other participants, jeopardized the Board's neutral role in handling ethics matters, and undermined the willingness of individuals to use the ethics process to resolve future ethics complaints by obliterating the confidentiality provisions.”

“The Respondent contends that his removal is improper because the County Board has violated his right to free speech.  The evidence does not support this claim.”

To2C was actually mentioned in the document under Findings of Fact items 99, 101, and 108. I am honored to be included in this document, even though in #108 the judge referred to me as Woodbones
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