This week brings a formal conclusion to the saga more than six months in the making — the end of our civil suit against Mooresville Consolidated School Corp.
We took no pleasure in initiating those proceedings, but we were compelled nonetheless. When it comes to community journalism, it’s far more comfortable to cover the news — not be the news. But sometimes you do the uncomfortable thing with a greater good in mind.
After all, there’s a reason why our Founding Fathers considered it vital to include one industry (and one industry only!) in the Constitution — the press.
The role we play as a government watchdog is the central pillar of our entire profession, often referred to as the “Fourth Estate.”
In modern terms, the Fourth Estate is used to describe the press, particularly in its role as an eye of scrutiny on government and other powerful institutions. It’s a term that emerged from the recognition that the press — beyond the three formal branches of government — can hold those in power accountable and, in conjunction, have a significant influence on public opinion.
But our watchdog role is not motivated by egos or vengeance or juvenile hubris.
No, it is driven by duty, by a desire to represent the public in the ongoing battle for good governance — for a government that serves the people, that is open and transparent, and a government that understands its place in the pecking order.
In the lead-up to the school board appointment last November, we made it abundantly and repeatedly clear to the school district we wanted to be privy to the process. We wanted the names of the applicants, and we certainly wanted to be present for the interviews.
A school board position is typically voted on by the citizenry — it is a very public position that is preceded by very public campaigns.
State lawmakers recognized this fact. Therefore, when it came to a school board appointment, legislators incorporated requirements into state statute that invite the public into the process.
So as the Fourth Estate representing the public, we wanted to stay apprised, which simply did not happen.
Instead, we — and the public — were shut out of the process, leading to our formal complaint to the Indiana Public Access Counselor (PAC), followed by the civil suit in the local circuit court last December.
In no uncertain terms, the PAC agreed with our complaint, chiding the school board for deciding the appointment behind closed doors, for its lack of public discussion on the issue and for not inviting the public to weigh in on the appointment, as required by law.
“In this case, I find fidelity to the statutory intent lacking,” he concluded.
As the state’s top expert on all things Open Door Law, PAC Luke Britt’s formal opinion carries weight, and no question, we were confident in the outcome had we ended up in a courtroom for the civil suit.
But luckily, cooler heads prevailed and a suitable agreement was found — that the school board will change its formal board policies moving forward to ensure the same mistakes are not repeated.
In the future, if the board is contending with a similar appointment process, they will hold public interviews and invite public comment.
Better yet, they will invite public comment before final action is taken at all their meetings. They have followed through on this promise thus far, and they are to be commended for that action.
School boards are the only government entity that is now required to take public comment before final action. Many school boards thus ask for public comment at the beginning of every meeting, thereby meeting the letter of the law. Far fewer take it before each specific action, but Mooresville has in recent months.
But this entire saga — both the PAC complaint and the civil suit — are not really about Mooresville Consolidated. As I told the superintendent last year, our legal action is nothing personal — it’s all procedural.
Laws are in the books for a reason, and whether it’s Mooresville Schools or any other government entity, those laws must be followed.
Please believe, nearly every body of elected officials in this county is tiptoeing across the line of legality, from the county level on down to the councils and townships.
Don’t get me started on the no-brainer basics of quorum restrictions.
At every turn, good governance begins with the elected, and they must understand that rounding off corners is a disservice and general affront to their bosses. That boss is you, dear reader … and me … and every other citizen in Morgan County and beyond.
I, for one, am glad to get this whole ordeal into the rearview mirror, and I’m satisfied by the outcome.
Now here’s to hoping other officials take note and adjust their toes accordingly.
We’d certainly prefer to cover the news, not be the news — but we’re willing nonetheless.
Editor Stephen Crane is a husband, father and Morgan County native. Contact him at 765-201-0010 or at scrane@morgancountycorrespondent.com.
