School board president apologizes for violating policy, sunshine laws in mask mandate

by Melissa Martin

Sept. 29 school board meeting

The chair of the Brecksville-Broadview Heights Board of Education issued a public apology Sept. 29 after he and two other board members violated board policies and open meeting laws to issue a mask mandate at the middle school.

“Let’s begin with a mea culpa and a strong statement that board procedures and Ohio laws lead to school board transparency,” school board President Fred Pederson said. “Out of an abundance of caution and after keeping a close eye on the rising number of COVID-19 cases at the middle school, the majority of the board — Mrs. [Ellen] Kramer, Mrs. [Brittany] Wigman and I — recommended that Superintendent [Joelle] Magyar issue a mask mandate for the middle school, as this school had more positive COVID-19 cases than any other school in our school system, [aside from] Highland Drive Elementary.”

Pedersen said he called the meeting with the superintendent Sept. 14 after the number of COVID-19 infections at the middle school rose. Board members Kathleen Mack and Mark Dosen were notified of the meeting, but both said they declined to participate on grounds of impropriety.

Pedersen said publicly at the Sept. 29 meeting that he stands by his decision to act swiftly rather than abide by Ohio’s open meeting laws, which require public bodies, including school boards, to provide at least 24 hours’ notice to media outlets before regular and emergency meetings or executive session discussions.

“Procedurally, in my zeal, we went about it in the wrong way by not having a more transparent process to communicate my concerns and those of Mrs. Kramer and Mrs. Wigman to our fellow board members, Ms. Magyar and to the community,’’ he said. “We all want to correct that tonight.”

Pedersen presented retroactive legislation to affirm the middle school mask mandate issued Sept. 15-29. He also proposed legislation authorizing an indefinite mask mandate put in place Sept. 29. Both resolutions were approved 3-2, with Dosen and Mack casting dissenting votes.

“This is cleanup for following improper procedures and I vote no,” Dosen said.

Parents and other community members in attendance at the Sept. 29 board meeting said they were appalled at the board’s actions.

“You are elected school board officials and I am disgusted, as are many parents,” Brecksville resident Kathy Holt said. “We can no longer remain silent and asleep to what is going on. … You are breaking laws and pushing for change behind closed doors.”

Holt and several other members of the community told the board they prefer that Magyar, who they consider to be more of “an expert” about pandemic safety than the board, make all mask decisions in the future.

“We trust and support her to make these decisions based on the facts at hand,” Holt said.

Brecksville resident Gina Andrasi agreed.

“Regardless of what side you are on when it comes to the mask mandate, every person in this district needs to pay attention,” she said. “This is just the first time our trust has been broken … Joelle [Magyar] is the leader of this district and [school board members] are tying her hands. She’s the expert. Why can you not let her do her job? You continue to put up roadblocks. It is cowardly and it is wrong.”

In an attempt to rectify the board’s actions, Pedersen said he, Wigman and Kramer plan to take additional training on Ohio open meeting laws to “keep pace with the changing landscape of Ohio’s public schools.”

“We want to remind ourselves the board has an obligation to our community to always act in a transparent manner and in accordance with Ohio Sunshine Laws. I am absolutely committed to making this act right. We all agree we must be transparent to serve this district and this community to the best of our ability.” ∞