Special Board Meeting

Note: Transcripts are generated from video auto-captions. While highly accurate, they are non-official and do not meet State Archivist record-keeping requirements.

• 0:00
  Call to Order & Roll Call

  Chair DeAngelis calls the meeting to order, and the superintendent conducts the roll call. All board members and student representatives are present.
• 0:00
  Pledge of Allegiance

  The board and audience stand for the Pledge of Allegiance.
• 0:01
  Opening Statement (Chair DeAngelis)

  The chair reads the standard opening statement regarding public proceedings, accessibility, Robert's Rules of Order, and audience conduct.
• 0:02
  Introduction of Agenda Item (Chair DeAngelis)

  The chair introduces the single item on the agenda: a discussion and potential recommendation regarding the city's proposed ordinance on immigration enforcement and the school's policy KLGC.
• 0:03
  Background on L.D. 2106 (Superintendent Atkinson Duina)

  The superintendent provides background on the state law L.D. 2106, which limits school cooperation with federal immigration agencies. She explains that the law requires the school board to adopt a policy consistent with the Attorney General's model guidance.
• 0:06
  City Ordinance Context (Superintendent Atkinson Duina)

  The superintendent explains that the board must make a recommendation to the City Council regarding ordinance #10-26/27. She notes that while other municipalities have passed similar ordinances, South Portland's language is slightly different.
• 0:07
  Conflicting Legal Opinions (Superintendent Atkinson Duina)

  Superintendent Atkinson Duina outlines the disagreement between the city's legal counsel, who believes school employees can be included in the ordinance, and the school's counsel, who recommends against it, arguing policy should be set by the BOARD OF EDUCATION.
• 0:10
  Board Questions on Procedure

  Before public comment, board members ask clarifying questions about the relationship between the proposed city ordinance and the required school policy.

  • 0:11 Eleni Richardson
    Member Richardson asks if the board will still create its own policy even if included in the city ordinance. The chair confirms they will, and that their policy can be stricter than the ordinance.
  • 0:12 Member Smith
    Member Smith seeks confirmation that being included in the city ordinance would not interfere with the school's ability to create a policy that aligns with the Attorney General's guidance. The chair confirms this is correct.
  • 0:14 Claire Holman
    Member Holman asks for clarification on the difference between a policy, which dictates employee actions, and an ordinance, which is a law that must be recognized by external entities like immigration officials.
• 0:15
  Public Comment

  Several members of the public speak, all in favor of including the school department in the city's ordinance. They emphasize that an ordinance offers stronger protection than a policy and sends a vital message of support to the immigrant community.

  • 0:16 Jennifer Marshall
    As a school employee paid by the city, she questions why they wouldn't be covered by the city ordinance. She asks which provides more protection—a law or a policy—and reminds the board that their lawyer only provides advice, not directives.
  • 0:17 Carl Parsons
    Mr. Parsons urges the board to act with moral justice, referencing the harm caused by ICE activities. He argues that protecting vulnerable community members should be the priority, even when the law is complex.
  • 0:19 Melinda Hall
    Ms. Hall echoes the question of whether an ordinance provides more protection than a policy and asks if ICE would be forced to respect a school policy. She also questions what precedent might be set by including the school in a city ordinance.
  • 0:20 Alex Redfield
    Mr. Redfield urges the board to use every tool available to them, including supporting the ordinance. He acknowledges the action may be symbolic but argues it's critical to leave no tool unused in protecting the community.
  • 0:23 Shelby Layton
    A lawyer and community volunteer, Ms. Layton speaks in favor of inclusion, noting she has seen ICE vehicles following school buses. She argues the city ordinance provides additional protections not covered by state law and that the legal uncertainty is not a barrier to taking a moral stance.
  • 0:26 Julia Edwards
    Ms. Edwards argues that a law is more concrete and less easily changed than a policy, which can shift with board membership. She emphasizes the ongoing fear in the immigrant community and the need for the strongest possible statement of protection.
• 0:30
  Motion for Inclusion (Eleni Richardson)

  Member Richardson moves to recommend that the City Council adopt the ordinance including the School Department. Member Smith seconds the motion, opening the floor for board discussion.
• 0:31
  Board Discussion on Ordinance Inclusion

  Board members and student representatives unanimously voice their support for being included in the city ordinance, citing the need for stronger protections and a unified message.

  • 0:31 Eleni Richardson
    Member Richardson argues that an ordinance sits above a policy and has legal teeth. She believes the risks are minimal and are far outweighed by the need to support staff and families in crisis.
  • 0:37 Member Smith
    Member Smith agrees that while the action is largely symbolic, it is important to use all available tools to help. He stresses the importance of clear protocols for staff and states he will vote for inclusion.
  • 0:38 Member Feller
    Member Feller aligns with the previous speakers, stating that providing maximal protection for immigrant families is crucial. He says the board needs to do everything it can to make new Mainers feel welcome and protected.
  • 0:40 Student Rep Rios Blas
    As an immigrant herself, Student Rep Rios Blas speaks strongly in favor of the motion. She states that everyone should be able to live without fear of being taken away and that this issue should not even require a discussion.
  • 0:41 Chair DeAngelis
    The chair expresses her support, citing the city attorney's opinion that inclusion is legally valid. She emphasizes the importance of banding together with the City Council and the immigrant community to send a strong, unified message.
• 0:45
  Offer of Executive Session (Superintendent Atkinson Duina)

  The superintendent clarifies that she is not taking a position on the matter. She informs the board that their legal counsel is on standby if they wish to enter executive session to further discuss legal authority and risks.
• 0:46
  Call for Vote (Chair DeAngelis)

  With no further discussion and no motion for an executive session, the chair calls for a vote on the motion to recommend the school department's inclusion in the city ordinance.
• 0:46
  Vote Result Announced (Chair DeAngelis)

  The chair announces that the vote is unanimous in favor of the motion.
• 0:46
  Adjournment

  Seeing no further business, the chair adjourns the meeting.