School employee fights reprimand over Wal-Mart e-mail

Is the issue over the proposed Wal-Mart supercenter a "political" one?

That was the question facing Polson school board officials Monday night after a school district employee filed a grievance, challenging a reprimand she received last November for forwarding an e-mail about the supercenter to other school district employees.

Lynn Witts is the president of the Polson Classified Employees Association, one of two unions that represent school district employees, and the contract the PCEA has with the school district says that the district's e-mail system can be used for union-related business.

Witts claimed that the Wal-Mart-related e-mail she forwarded, which originated with Montana Education Association-Montana Federation of Teachers (MEA-MFT) state union president Eric Feaver, fell under union-related business. But school district employees, including Witts, all received an e-mail from superintendent Sue McCormick in October telling them that the use of the district's e-mail system for "personal-political statements or initiatives" is prohibited after a district employee sent an anti-Wal-Mart e-mail earlier that month following the announcement of the proposed supercenter.

The MEA-MFT is the union that represents most teachers and school district employees around the state, including Polson teachers and staff.

In the e-mail Witts forwarded to several dozen school district employees, most of whom appear to be PCEA staff, Feaver writes "Want to read about Wal-Mart attempting to grow yet another Super Store in Montana? Want more information about how everyone pays more for social services when Wal-Mart comes to town?" it reads.

Feaver's e-mail then includes a link to a Nov. 11 article in the Missoula Independent that discusses the proposed supercenter, including interviews with Moody's Market president Greg Hertz, who is identified as helping to lead the effort against the supercenter, and Wal-Mart manager Dave Tolley. In the article, Hertz and the anti-Wal-Mart group Lake County First are given extensively more coverage than Tolley, leading many of the board members to conclude that the article — and thus, Witts' e-mail — was political in nature, not "union business," as Witts and MEA-MFT union representative Tom Gigstad claimed.

Gigstad, who was at the meeting to argue on Witts' behalf, said forwarding an e-mail from the state union president falls well within the agreement between the union and the school district that allows employees to use e-mail for union-related business. Gigstad acknowledged that the school district's personnel policy outlines inappropriate political use of e-mail, including soliciting funds, campaigning for or against a ballot issue such as a mil levy, or endorsing or opposing candidates, but said forwarding a newspaper article on an admittedly contentious topic doesn't fall under any of those restrictions.

"He [Feaver] sent this out to [local] MEA presidents around the state, including Lynn. She received this from the state MEA president, as the local MEA president … and forwarded it simply for informational purposes," Gigstad said. "There's nothing in here that requires a person to support or oppose … any ballot issue. There's no solicitation to support or be against anything."

But some board members and McCormick disagreed.

"I think the documentation speaks for itself. The definition of 'political' … policy, and law are open to interpretation. The article was insightful, [but] it was clear that Lynn and I disagreed about what constitutes 'political,'" McCormick said.

McCormick and some board members argued that the Wal-Mart supercenter issue is political if only because it has to be approved by a political body - the Polson City Council - before it can proceed. Coupled with the earlier warning sent out to district employees based on the first anti-Wal-Mart e-mail, McCormick said Witts should have known better.

But Gigstad said an article about Wal-Mart can be related to employee and teachers unions because Wal-Mart's anti-union stance and low rate of health insurance impacts school district employees and others with health insurance, who end up helping to pay the costs of uninsured residents, such as Wal-Mart employees who don't have health insurance.

"I don't know that it has to do with school issues, per se, but it has to do with union business," Gigstad said.

Gigstad said because he lives in Missoula, his coverage of the supercenter has been limited to articles in the Missoulian, which he acknowledged has also made the subject appear to be political given that the Polson City Council is heavily involved.

But a "Missoulian reporter's choice of words doesn't make it political" even if the Missoulian refers to it as a political issue, Gigstad said.

But board members pointed out that even the Missoula Independent article refers to the issue as "political." The last line of the article says, "Which argument Polson will eventually buy could become one of the more interesting political battles of the year."

Board members also weren't convinced that the e-mail or article qualified as "union business," and would therefore be protected under the district's contract with the teachers and other district employees.

"I don't understand what this has to do with the union," board member Kim Maloney said of the article.

Gigstad said it's not for the board to decide what is union business — the e-mail was forwarded by the state union president to a local union president, and doesn't fall under the prohibited categories of soliciting funds or trying to impact a ballot issue, for example.

"I'm amazed at your narrow view of what's 'political,'" said trustee Bob Hanson, who characterized the Missoula Independent article as politically slanted.

"This doesn't have a damn thing to do with the school system," Hanson said.

Trustee John Laimbeer said Feaver's anti-Wal-Mart statements in the e-mail Witts forwarded made it a political issue — not the article's slant.

"I don't think the article has to do with the grievance. I think the statement by Eric Feaver has everything to do with it," he said.

Gigstad noted they weren't claiming Witts' e-mail had anything "to do with kids or the educational system," but reiterated his position that it fell under union business.

Witts, a substitute bus driver and special education paraprofessional at the high school, filed a number of grievances against the district last year, including one last summer in which she claimed she and other bus drivers with seniority were being passed over for out-of-town trips in violation of the contract with district employees. Witts has filed nine grievances against the district in the past two years, she said.

Although this one was done on her behalf only, most of them were filed on behalf of other PCEA employees as the union president. Witts was given the option to have her grievance hearing held behind closed doors, but said she was fine with it being open to the public.

She acknowledged seeing McCormick's October e-mail warning employees not to use the district's e-mail system for personal causes after the first anti-Wal-Mart e-mail was sent, but said she thought McCormick was being extra sensitive to the fact that negotiations between the board and teachers over their contract were still ongoing at the time — a sensitive issue in and of itself.

She also said the employee who sent the first anti-Wal-Mart e-mail also cautioned her after seeing the one Witts forwarded, telling her, "Hey Lynn, I got in trouble for this."

But Witts said she forwards Feaver's e-mails regularly in an effort to keep her fellow PCEA coworkers informed of issues affecting them, and that she didn't see anything wrong with forwarding the Missoula Independent article, with Feaver's comments included. She said she forwarded several other articles along with the Wal-Mart one.

Board member Vernon Finley asked Witts if she thought it was her responsibility to verify whether something was appropriate or legal before forwarding it.

"I do not endorse this — I just pass it on. I didn't find it [the Wal-Mart article] political," Witts said, noting that she's forwarded dozens of other union-related e-mails she's received as part of the e-mail list she's on.

Gigstad and Witts were essentially asking that a copy of the reprimand be deleted from Witts' personnel file. The board will have 14 working days to act on her request, and if no action is taken, the reprimand will stand.

In other school board news:

Teacher Michael Sherman updated the board with more information about the proposed climbing wall for the middle school, in response to questions raised about the wall when Sherman and Nancy Hemphill first proposed it a couple of months ago.

He said costs for ropes and other climbing equipment could be rolled into the school's PE budget, and that he was optimistic that fundraising related to the wall could cover most of it.

High school principal Rick Rafter also did some research, contacting several schools around the state with climbing walls. His research indicated that all of the schools were pleased with their walls, and reported few accidents, but in most cases limited use to only students and school staff to reduce liability. Board members have debated whether to make the climbing wall available to outside groups in part to help cover costs associated with the wall, should construction proceed.

The board approved the school calendar for next year, which will feature some interesting changes. School won't start until after Labor Day, on Tuesday, Sept. 5, in response to parent concerns, and spring break will go from Thursday to Tuesday over Easter weekend.

"We did it that way to provide Good Friday off, as well as the day after Easter" to give families a chance to travel, Maloney said. "We can't please everybody but out of all the groups, we pleased most of them."

High school vice principal Dan Kimzey was awarded during the "recognizing excellence" part of the meeting, when McCormick recognizes a school district employee who goes above and beyond the call of duty. High school registrar Kris Sampson was recognized at last month's meeting for her devotion to and work with the high school students, as well.