May 16, 2003 3 min read

PITTSBURGH – The ACLU filed a federal civil rights suit today on behalf of a school board member and a school district employee alleging that the Bethlehem-Center School District and its superintendent have adopted a policy that violates free-speech rights. According to a release issued by the ACLU, the district adopted a policy prohibiting board members from communicating directly with district employees, except through the school superintendent.

In addition to asking that the court block the policy, the suit seeks damages for the employee, Joseph Matesich, a computer technician, who was demoted, suspended and put on probation for trying to give information directly to the school board.

“Banning people within the district from communicating with each other increases the chances of mismanagement will go uncorrected. It does a disservice to the taxpayers and children served by the school district and it is patently unconstitutional,” said attorney Louis C. Long, who is handling the case for the ACLU.

Prior to the policy’s implementation, Director Karen Drill, a plaintiff in this case, said she regularly received important information from district employees. Since the policy, she said few have dared to speak to her directly and some have done so only on the promise of confidentiality.

“Teachers, support staff and administrators typically know more about what’s going on in the schools than anyone else,” Drill said. “I must be able to speak with them directly if I’m to fulfill my fiduciary and other legal obligations as an elected official.”

According to the ACLU, the chain-of-command policy requires any communication between school board directors and district employees to be approved by the Superintendent Herman Jackson.

Through that policy, the ACLU contends that the superintendent has complete discretion to prohibit any communication because no meaningful guidelines are provided as to allowable communications between school district employees and elected board members.

Long said that although “chain-of-command” policies are fairly common in private business, they are unconstitutional in the governmental sector.

“Freedom of speech means that elected officials can communicate directly with governmental employees, particularly when matters of public concern are involved, ” said Long. “A government official can’t tell people that they aren’t allowed to talk to each other and he cannot censor their communication.”

Matesich, the other plaintiff in this case, was originally hired to serve as the Automated Systems Coordinator, a position that required him to submit monthly reports to the administration and school board. His title now, is network technician.

The suit alleges that the Jackson used the chain-of-command policy to prevent Matesich from furnishing important computer-related information to the board. After Matesich violated the policy in March 2003 by trying to speak directly to the board at a public meeting, Jackson demoted and suspended him and place him on six months probation, according to the ACLU.

The suit also alleges that Jackson believed that Matesich had provided information against him that led to an ethics investigation and that the March disciplinary action was retaliation.

The district’s Solicitor Dennis Makel could not be reached for comment. Neither could Jackson.