Should Skowhegan Board Member Jennifer Poirier Recuse Herself From Voting On The Mascot?

"Organizer Jennifer Poirier speaks with the media during a Skowhegan Indian Pride rally in front of the Indian sculpture on Skowhegan on Monday [Columbus Day, 2015]. Poirier said the rally was to show "positive community spirit" by those who support the Indians nickname and mascot. Staff photo David Leaming" from the Waterville Morning Sentinel, "A Tale of Two Rallies"

Last week the school board that oversees educational issues for Skowhegan Area High School received a letter from an alumna that has done well following high school. Allison Dorko, Class of 2005, has a Ph.D. in math education from Oregon State University and teaches math at Oklahoma State University, Stillwater. She's not an expert on school board policies, but she is willing to do her homework.

Before writing her letter, Dr. Dorko looked into policies governing the behavior of school board members. Here is what she found: if they have a conflict of interest, they are required to disclose it and may need to abstain from voting. 

The full text of her letter:

December 26, 2018

Dear RSU #54 / MSAD #54 School Board:

     This is an open letter requesting that Jennifer Poirier abstain from voting in any future votes on the Indian mascot/name issue. As the creator and administrator of the Skowhegan Indian Pride Facebook page, Ms. Poirier has a conflict of interest that prevents her from voting impartially. As such, adherence to the RSU #54 / MSAD #54 policies and Maine School Boards Association policies requries that Ms. Poirier abstain from voting. In the remainder of this letter, I cite the specific policy statements that would be violated if Ms. Poirier voted in future votes on the mascot/nickname issue.

MSAD/RSU54 School Board Member Code of Ethics, Part II Item C:

"...it shall be my constant endeavor to...Base my personal decision upon all available facts in each situation, to vote my honest conviction in every case, unswayed by partisan bias of any kind..."

Merriam-Webster defines partisan (adj.) as "feeling, showing, or deriving from strong and sometimes blind adherence to a particular party, faction, cause or person" and partisan (noun) as "a firm adherent to a party, faction, cause or person." Ms. Poirier's cause, as indicated by her creation of the Skowhegan Indian Pride Faceook page, is to keep the mascot/name. The page reads, "we are a group that supports the preservation of the name Skowhegan Indians." This public statement of Ms. Poirier's allegiance to keeping the Indian mascot is evidence that her vote will be (and has been in the past) swayed by partisan bias.

     The Maine School  Boards Association Handbook details the appropriate action when a member has a conflict of interest:

Maine School Boards Association Handbook, Section 5, Conflicts of Interest

"...Board members must be constantly alert to their responsibilities and potential conflicts, and take care to avoid even the appearance of self-interest through disclosure or abstention (Title 30-A §2605)"

Mere disclosure is not sufficient in Ms. Poirier's case. She created the Indian Pride group, and as such, is leading the charge to keep the mascot/name. It is inappropriate for her to vote on an issue when she has such an obvious conflict of interest. The school board takes care to avoid pecuniary conflicts of interest and nepotism, and Ms. Poirier's conflict of interest is of equal severity.

Sincerely,

Allison Dorko, Ph.D. (SAHS Class of 2005)

Screenshot of the Facebook page referenced by Dr. Dorko in her letter.

The school board oversees education for all students in the district.

Some of its decisions also impact alumni of the school. For example, many alumni are embarrassed by the team name. Others dread the inevitable change. But the well-being of alumni is not the school board's concern.

I was reminded of this as I read a 2015 article in EdSource about California's law banning Native mascots and team names in public schools. Erig Stegman, co-author of a 2014 report on the harm done by Native mascots, told reporter Jane Meredith Adams:

"We shouldn't be placing the sentimentality of a letterman's jacket or jersey above the interest of success for any student."

A sticker produced by Ms. Poirier's group. Photo courtesy of Maulian Dana

That sentimentality appears to motivate Ms. Poirier and other members of her group. They look away as sports booster moms, Girls State representatives, and civil rights team members testify to the harm done to actual students by continuing to cling to the name at the behest of sentimental alumni.

Tamarleigh Grenfell outside a school board meeting in 2015 (my photo).

The school board has scheduled a public forum on the issue for Tuesday, January 8 at 6pm in the Skowhegan Area Middle School gymnasium. Nature may have another plan in mind, however, as a nor'easter bears down on the region, so a snow date of Monday, January 14 has already been announced.

Massive snowstorms and school board directors who care more about sports than education are features of life in central Maine. Stay tuned...

Maine To Set Fox In Charge Of Henhouse? Nestlé Exec Proposed For Board of Enviro Protection

Appointment or Disappointment?
Guest post by Nickie Sekera, Community Water Justice

Maine Governor Paul LePage is in the process of appointing a full-time employee of Nestlé (Poland Spring) and is the world’s largest food and beverage corporation, to Maine's Board of Environmental Protection. The appointment of someone which such a flagrant conflict of interest in unethical and constitutes a dangerous and short-sighted precedent.

The Environmental and Natural Resources Committee will be holding a hearing this Wednesday and will be open to the public.

Committee Chairman Senator Thomas Saviello has acknowledged his longstanding personal relationship with Nestlé executive Mark Dubois, the governor’s pick for the sensitive post, and has endorsed his appointment. Sen. Saviello represents Maine's 17th district, in which Nestle is expanding its Poland Spring bottling plant and which contains several extraction and test well sites feeding into it, adds a further conflict of interest to the confirmation process.

For the past twelve years, Dubois has served as Natural Resource Manager for Nestlé, a position in which he oversees the selection of new spring sites for water mining in environmentally-sensitive areas to export out of state. In his position, he is obliged to increase profits for the shareholders to his company and therefore cannot be trusted give priority to defend the best interests of Mainers by serving on the board which would oversee an important component of Nestlé’s operations.

There is already a disturbing level of interplay between Nestlé and a number of state agencies, regulatory boards and municipalities. For example, Tom Brennan, another natural resource manager for Nestlé, sits on Maine’s Drinking Water Commission. The Maine Public Utilities Commission, which oversees water rates for consumers, is also rife with conflicts of interest with Nestlé.

Too much time and resources are already being spent by citizens having to serve as watchdogs to keep these public entities from compromising the public good for private interests, a process made all the more difficult when so much of Nestlé’s decisions that impact the state are proprietary and not available to the public.

The people of Maine need assurance that our best interests are being represented. The imbalance of power with a corporation which boasts a market capitalization of $247 billion—more than 30 times the entire annual state budget—is not something to take lightly. United Nations consultants have referred to Nestle and their subsidiaries as “global water predators” due to their troublesome environmental record. Maine has water and Nestle employees like Dubois are tasked to secure it.

It's no wonder the Center for Public Integrity gave Maine an "F" rating in a recent 2015 report, due to the state’s lax laws upholding ethics and accountability. Conflicts of interest such as the Dubois appointment are a huge obstacle to maintaining the integrity of our government in serving the people of Maine. In theory, state civil servants must recuse themselves from actions in which they may have a conflict of interest, yet we often have little legal recourse in challenging such betrayals of public trust.

We must ask our state senators and representatives: Which side are you on? Protecting the public good or serving private corporate interests?

This is not an appointment but a disappointment.

If our elected state officials are unwilling to do the right thing on their own volition, the people of Maine need to take action to challenge such conflicts of interests and restore faith in our state government.

Please encourage your state senators and representatives to oppose the Dubois nomination and consider attending the public hearing of the ENR committee that will be taking place at the state capitol in Augusta at 10:00am on Wednesday, January 24, in Room 216 of the Cross building.

Write to the members of the Environment and Natural Resources Committee that this appointment is unacceptable:

Thomas.Saviello@legislature.maine.gov
amy.volk@legislature.maine.gov
geoffrey.gratwick@legislature.maine.gov
Ralph.Tucker@legislature.maine.gov
Bob.Duchesne@legislature.maine.gov
John.Martin@legislature.maine.gov
Jessica.Fay@legislature.maine.gov
StanleyPaige.Zeigler@legislature.maine.gov
Jonathan.Kinney@legislature.maine.gov
Richard.Campbell@legislature.maine.gov
Jeff.Pierce@legislature.maine.gov
Scott.Strom@legislature.maine.gov
Denise.Harlow@legislature.maine.gov
dylan.sinclair@legislature.maine.gov

Also, reach out / copy the email to your State Senator and Representative. We need to let all our leaders know that this is unacceptable. You can find them by town at this link: http://legislature.maine.gov/house/townlist.htm

Thank you.

#WaterIsLife #WaterProtectors #DefendMainesGroundwater#ConflictOfInterest #PublicTrust #RestoreFaith #StolenSpring