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April 5, 2009

Public employees' freedom of speech

Peter Hermann writes today about a federal circuit court opinion issued last week in the case of a Baltimore police officer, Michael Andrew, who was fired and then reinstated to a lesser position. His offense: leaking a report critical of city cops to The Sun. Federal judges ruled that he might have been disciplined unfairly. To them, the question was whether the officer was acting in an official capacity (in which case he overstepped the boundaries of his job) or whether he was exercising his personal freedom of speech, which he has the right to do.

This case is interesting to me, since I regularly encounter school system employees who won't talk to me or provide me with information for fear of being disciplined. (This is not unique to Baltimore, by the way; it's been the case in every district I've ever covered.) I think one of the biggest assets of this blog is that it enables people to speak out without fear of reprimand, since you don't need to leave your name in the comments.

In this blog entry, Peter quotes a concurring opinion in the case by Judge J. Harvie Wilkinson III, who says society actually needs more government insiders to leak information to reporters, particularly in this time of newspaper cutbacks.

"There are pros and cons to the changing media landscape, and I do not pretend to know what assets and debits the future media mix will bring," the judge wrote. "But this I do know—that the First Amendment should never countenance the gamble that informed scrutiny of the workings of government will be left to wither on the vine. That scrutiny is impossible without some assistance from inside sources such as Michael Andrew. Indeed, it may be more important than ever that such sources carry the story to the reporter, because there are, sad to say, fewer shoeleather journalists to ferret the story out."

You can read the decision here.

Posted by Sara Neufeld at 8:27 AM | | Comments (9)
Categories: Baltimore City
        

Comments

Well perhaps then education reporter should "turn it around" and consider the need for taking a shoeleather approach in shoeleather journalisum to ferret out the two sided pro MPTA/con PTA's council report critical of the real non-reported story about the PTA's councils revocation in both majority african american community school districts Prince Georges County and Baltimore City by the Maryland PTA a racial bias action major concern matter ."

I would love for reporters to be proactive in investigating what is going on in Baltimore County. You are right that you rarely get the real story for fear of retribution. They talk a good game, but my oh my...what goes on behind closed doors. Thank you Sarah for being aware that you may not always get the "whole story." Unfortunately, the truth often comes too late.

Sara, I respect the work you do.You have excellent training,strong analytical skills, and nerve! I must admit that confidentiality still concerns me as you do have our email addresses and in some cases our names. I have talked up the blog so much without admitting that I write,I was actually cautioned that I should be careful because some bloggers and you are well connedted in AAA circles. Please reassure me once again that our identities are confidential.With that said, I wish that I did not have such fears. Frankly,I am most concerned about getting my immediate supervisor(s) in any sort of trouble. My school and it's administration is amazing but we all still deal with the bigger bureaucratic crap.Further, I am involved in many other aspects of BCPSS. I have been in other schools and have seen it all.

The heck with retribution from North Avenue. Let's talk about the retribution from within your own building. Principals in BCPSS are notorious for stamping out any and all discontent In my school--several years back--all of the people who disagreed with the principal and were vocal with the union were either administratively transferred, given unsatisfactory evaluations or removed from their positions. No one talks out of turn now unless they have nothing to lose. Sad, really.

Wise: Absolutely, your posts here are confidential. I could not do my job if I could not keep my word that people can give me information privately. On the blog, I'm the only one who sees the email addresses you leave, and the only thing people know about you is the information you leave yourself. Thank you for all the great insights you bring to our discussions here.

There seems to be too much of a "love fest" with you and AAA, as evidenced by your failure to drill down into the SY 2009 and 2010 budget inequities and processes. I can assure you that a focus on this will help explain why some schools fail and some succeed. In addition, AAA's determination to destroy the BCPSS' adminstrator's union (by annually changing position titles, thus making the jobs "unaffiliated") seems to have gotten by you. Too many experienced and successful teachers and administrators are being pushed aside as AAA brings in staff who are not adequately prepared to deal with the students of Baltimore. Finally, look carefully at the list of school closings and see if there is a pattern of schools being shifted around, yet expected to succeed.

Recently Retired - I understand your frustration, but I'm curious about your comment. If people were so well qualified to "deal with the students of Baltimore," why weren't they being successful? Was it bureaucratic, procedural problems that were holding these people back? Were schools unwilling to utilize these individuals' talents? Were schools funded more effectively without per pupil funding? Was a central system making all decisions for schools more effective? I ask these questions purely to learn more of your position. I don't challenge your assumptions, I just wish to hear more about the rationale behind your statements.

@Bill: How long have you been in Baltimore again?

Here are some definitions for you-

1) Qualified=sufficient paperwork on file at BCPS Human Resources.

2) Not adequately prepared=under 45 years old with a cum laude degree from a non-Baltimore-based college/university.

Don't you know that "qualified" in this city has nothing to do with whether you have the right skill-set to be "successful"?

You can wait for Retired's rationale, and even buy it if you wish, but read between the lines my friend.

Reading between the lines isn't all that difficult and I can also figure out party lines from both the teacher's union and the administrator's union. I don't mind party lines, but I wish a few more of the commenters weren't current/past employees of BCPSS. From my perspective job security is second to having a kid who can get into the college they want/are smart enough for without being held back by the schools where they've spent the last 13 years. Oh well... I guess it speaks to the history of City Schools that the majority of parents aren't up for the kind of discussions that go on on this blog.

Oh, and for the record, if you think the school administration can make a teacher's life miserable, remember that parents don't have a union to protect them. And they have kids that can be retailated against and aren't capable of much in terms of self-defense. There are stories on this side as well.

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