Bad Memories: Who's Looking Out for the Public's Interest?

At the end of this morning's Herald-Leader story on the search for a new education commissioner for Kentucky was this one-liner:

[KDE spokesperson Lisa] Gross said it's unclear whether the names of finalists will be made public.

In this morning's Courier-Journal, however, KBE Chair Joe Brother told Toni Konz that the board simply hasn't decided yet.

"I do expect that at some point one or more finalists will be publicly vetted, "he said.

ONE or more?

This is always a tricky issue and the board is wise to protect the identity of persons who apply for such positions - up to a point. It serves no legitimate purpose to cause disharmony in the school districts or other venues from which candidates are derived. Some argue that an open process would constrict the number of candidates who are willing to step up to the challenge of running a large and vitally important public organization.

However, at some point, the public's interest in knowing and having the opportunity to vet and provide input on candidates outweighs any individual candidate's interest in anonymity.

In the board's last search (Jon Draud, late 2007) three finalists were publicly identified and citizens were given a couple of weeks to provide feedback to the board before a final decision was made.

But announcing one finalist only will be seen as a dodge that is sure to give the public the sense that the decision has already been made and the opportunity for public input is insincere.

The Kentucky Board of Education would be wise to name their three finalists, once again.

As a reminder to board members who may actually be flirting with an anonymous search process, lets review how that worked out in early 2007.

• Before the hiring of the previous state school commissioners, Thomas Boysen, Wilmer Cody and Gene Wilhoit, (and later, Jon Draud) the state school board released the names of the finalists so the public and interested groups could weigh in and have a say in the selection process.
• Gene Wilhoit resigned in September 2006 and Ray & Associates was hired to conduct a search that December. Ray & Associates advised the board to keep everything confidential, citing the reasoning mentioned above.
• On April 1, 2008 the Kentucky Board's search committee held its first meeting where they decided to follow Ray's advice.
• As early as April 7 Mark Hebert reported that the Commissioner search was being conducted in secret. Search committee member Bonnie Lash Freeman told Hebert that the board was aware that it was the first time a commissioner would be chosen entirely behind closed doors and that the board hadn't discussed the possibility of backlash from taxpayers. She refused to say whether any of the three finalists had asked that their names be kept secret. KSBA advised the board to name 2, 3 or 4 finalists. KEA advised "more transparency." That's when KSN&C got involved.
• On April 10 KBE said the names of finalists might not be released to the public.
• By April 16th Governor Fletcher involved himself and the process became politically charged. Sources tell KSN&C that Fletcher was posturing; believing that the board was really intending to name finalists all along, but for some reason, thought it best to present a secretive front.
• On April 18th the board named three finalists - and appeared to have lost control of the process in doing so.

Things went pretty much downhill from there.

By the 19th, KSN&C had posted numerous pages of research on the finalists, and by the 24th, advised the board to choose Mitchell Chester, now Commissioner in Massachusetts while expressing concerns about the other finalists, Barbara Erwin and Richard LaPointe.

Public vetting can help the Kentucky Board of Education avoid past problems and make a better decision. But only if they are sincerely listening and remain open-minded until time for the final decision arrives.