OXFORD – Members of Oxford’s school board got a refresher course in their legal roles and responsibilities Monday night from the district’s legal counsel.

John Lynch of Hogan, Sarzynski, Lynch, Surowka & DeWind, LLP spent nearly two hours fielding questions from board members and district administrators on a variety of topics, some of which had been submitted in writing in advance of the meeting.

One of the first items discussed centered on the legalities of community members talking about specific employees during public comment. The underlying legal issue, Lynch explained, is the “curtailment of right of free speech.”

If the board allows positive comments about an employee’s performance, they “cannot then cutoff any remarks that (they) might find negative,” he said. “Your concern is about limiting the free speech rights of that individual. ... You cannot discriminate on the basis of viewpoint.”

Lynch said, however, that the board is within their legal rights to allow a limited time for people to speak, nor do they have to tolerate any vulgarity or profanity. They can also limit public comment to items included on the agenda if they so choose.

“You control the agenda,” he said. “If you eliminate both sides of the question, then you are ... within your rights.”

Citing a recent federal decision, he added that the board was also within their rights to cut off an individual who had already made his opinion known on a particular topic.

Using the proper names of a student is another matter, he said, as special education students and disciplinary cases are protected by the federal Family Educational Rights and Privacy Act.

The attorney also advised the board that some topics might be better handled by inviting the individual community members to speak their piece, such as issues about a particular employee, in executive session.

“It’s listening that is the important thing,” he said. “Their performance and what you are going to do about it is a perfect executive session topic.”

According to Lynch, who is invited in and how long they stay are entirely at the board’s discretion.

The counselor also advised against engaging community members in debate during public comment, because it could escalate the situation.

“It’s a meeting in public, not a meeting with the public,” he explained. Nor is public comment a legal requirement of an open meeting.

“You don’t have to have an open forum as part of your meeting. That’s a courtesy,” he said.

Lynch also responded to a submitted question about whether or not the district had any legal recourse against public misrepresentation by the media.

“If it’s just an editorial twist or spin to an article and you don’t like it, them’s the breaks,” he advised.