By Adam Pagnucco.
Citing a section of county code that I have never seen put to use before, two council members – Dawn Luedtke and Evan Glass – have proposed that representatives of MCPS scheduled to appear before the council next week be put under oath.
In the wake of an inspector general report finding that MCPS was warned four times about its deficiencies in handling complaints and failed to fix those problems, the February 8 appearance by MCPS representatives before a joint session of two council committees is a high stakes event. The last time MCPS appeared before the council to discuss its sexual harassment scandal, the council subjected the superintendent and the school board president to a withering interrogation. At that time, I quoted answers to questions posed by Council Members Will Jawando, Evan Glass, Dawn Luedtke and Kristin Mink.
Of specific interest is that Superintendent Monifa McKnight told the council, “Like the members of the Board of Education, I was not aware that there was an internal investigation against Dr. Joel Beidleman at the time of his promotion.” Subsequently, reporting in MoCo360 by substitute teacher Alexandra Robbins raised questions about what McKnight knew and when she knew it. That comes on top of unfulfilled promises made months ago by McKnight and the school board president to get to the bottom of the scandal and hold responsible parties accountable. These issues along with revelations from the inspector general that an MCPS official provided “evasive answers to direct questions” has contributed to an atmosphere of distrust between MCPS leaders, the council and many in the community.
According to county law, the council president has the power to put witnesses under oath, which has “all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.” The current council president is Andrew Friedson. A copy of the memo written by Luedtke and Glass proposing this action is reprinted below.
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M E M O R A N D U M
January 31, 2024
To: Council President Andrew Friedson
From: Councilmembers Dawn Luedtke and Evan Glass
Following the news that MCPS promoted a principal who allegedly sexually harassed colleagues, we all were outraged that the system had failed to protect our teachers. Last week, we learned from the Office of the Inspector General that MCPS had been advised at least four times since 2019 of gaps in their systems for handling misconduct complaints and had not taken the corrective actions recommended.
While we as a body have limited tools with which to address the systemic flaws at MCPS, we must use every opportunity to bring closure to this matter. The Council has the unique ability to use one of our legal functions to foster an honest and productive discussion at the Audit and Education & Culture Committees’ hearing scheduled for February 8.
Given our collective focus on oversight, transparency, and accountability, we are requesting that the Council exercise the authority granted to it under Mont. Code §2-20, which gives the Council the authority to administer oaths to those who may appear before the Council.
The provision specifically states:
(a) “The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.
We recognize the unique nature of the Council exercising this authority. However, unprecedented times demand unprecedented action. Using our legal authority sends a clear message that the Council is unequivocal in its pursuit of the truth.
The purpose of the Council hearing, the second we will have held on this pressing issue, is to provide oversight and demand accountability. It is to everyone’s benefit – including the restoration of the public’s trust – that those participating in the discussion provide factually honest testimony. This process also provides a mechanism to those who may have been afraid to speak openly or honestly about facts and circumstances surrounding this matter.
This situation is ultimately about the negligence within MCPS’ human resources processes, failure to adequately protect school employees, and allegations that staff were coerced to ignore existing policies and procedures or risk losing their jobs.
If we intend to condemn bullying, harassment, and fear of retaliation in the workplace, we must take all necessary and appropriate actions pursuant to the Council’s authority for the hearing on February 8.
We have spoken with many colleagues about this situation and understand the unprecedented juncture at which we find ourselves. As elected officials, it is our responsibility to address issues with immense public concern. The public sentiment and concern over these issues deserves our full attention and effort.
Cc: Councilmembers
Marlene Michaelson, Executive Director, County Council
Christine Wellons, Senior Legislative Attorney, County Council
John Markovs, County Attorney
