School board to resume talks on weapons policy

The Baker School Board will resume its discussion Tuesday regarding whether employees and members of the public should be allowed to bring guns or other dangerous or deadly weapons on school property or to school-sponsored events.

Board members are scheduled to discuss the issue during a work session starting at 5:30 p.m. at the District Office, 2090 Fourth St.

The regular board meeting starts at 6 p.m.

One of the five board members, Kyle Knight, adamantly opposes some language in an administrative rule that Superintendent Walt Wegener put into effect on Oct. 5.

Knight has submitted a revised version of the rule.

The rule in effect since Oct. 5 states that district employees, as well as the public, “shall not” bring a gun on school grounds or to school-sponsored events.

The only exception listed is for police.

However, in a list of “frequently asked questions” that’s included in the board members’ packets for Tuesday’s meeting, there is this scenario:

Question: “I have a concealed (handgun) carry permit. May I come to a football game or other school activity with my weapon?”

The answer: “Yes. If your weapon is seen by school personnel they will report it to the police. Expect to be asked to store your weapon off campus. If you do not leave when your weapon is visible you will be asked to leave. If you do not leave, you will be given a trespass warning. If you still do not leave the police will be called and you will be trespassed for being a nuisance (ORS 164.245, ORS 332.072).”

Wegener explains the apparent discrepancy between the rule, which expressly forbids guns, and the answer that a concealed handgun is allowed at a football game, this way:

Although a state law prohibits people from bringing guns to public buildings, including schools, that law also allows people who have a concealed handgun permit to use that permit as an affirmative defense against any charge that they violated the law.

The bottom line, he said, is that the school district has neither the inclination, nor the personnel, to look for concealed guns or other weapons.

“If we’re unaware of it, and the person is legally permitted to carry the gun concealed, no issue will arise,” Wegener said this morning.

Knight, though, who objected last month when the board considered a weapons policy drafted by the Oregon School Boards Association (OSBA), said he’s not satisfied with such explanations.

Knight will submit to the board Tuesday a revised version of the rule in effect now.

His version would specifically exempt from the prohibition on guns members of the public, as well as district employees, who have a concealed handgun permit.

Knight’s policy would create what amounts to a “don’t ask, don’t tell” rule regarding district employees who have a concealed handgun permit.

His proposed policy words it this way: “Employees licensed (for a concealed handgun) shall not disclosed possession of a firearm. Employer/Administrations shall not ask employees if they are in possession of a concealed firearm.”

He acknowledges that an Oregon court ruling gives school districts the authority to prohibit their employees, including those who have a handgun permit, from bringing a gun to school.

But Knight said that ruling doesn’t require school districts to do so.

The controversy over the school district’s weapons rules arose last month, whenWegener suggested the board adopt the OSB policy. It prohibits employees and the public from bringing a gun to school property or events.

Knight, along with board member Mark Henderson, objected to the language, arguing that the policy violated the Oregon law which allows only the Legislature to impose broad restrictions on people possession guns.

A court ruling handed down last month in a case involving a student at Western Oregon University who had a handgun permit, confirmed that local agencies, including school boards, can’t enforce gun bans that apply to people other than employees.

The “frequently asked questions” list in the board’s packet for Tuesday’s meeting addresses that issue this way:

The question: “ORS 166.170 specifies that the only group that can regulate weapons in the state of Oregon is the Legislative Assembly. By what right does the Board or Administration claim authority to prescribe controls of weapons in violation of the 2nd Amendment as supported by this statute?

The answer: “In that same statute, ORS 166.370 describes conditions for weapons control in “public buildings.” Further, ORS 339.315 specifies kindergarten through 12th grade schools will be weapons free.”

The district contends that because schools are public buildings, then the board does have the authority to restrict weapons in schools — again, as Wegener noted, with the affirmative defense option available for people who have a concealed handgun permit.

Also on the board’s agenda for its regular meeting Tuesday:

• Conduct the second reading of policies related to attendance, student absences and excuses, staff use of personal communication devices and social media and the district’s tobacco-free environment.

• Vote on a resolution affirming the district’s plan to withdraw from the InterMountain Education Service District for the 2012-13 school year.

• Apporve extra-duty contracts for three Baker High School basketball coaches: Paul Gambleton will serve as junior varsity boys basketball coach; Brent Gyllenberg, frosh boys basketball coach; and Jayce Chandler, frosh girls basketball coach.

• Gary Shermer’s plan to retire from the Public Employees Retirement System (PERS) effective Jan. 1. Shermer is the Baker Middle School dean of students and teaches social studies at the school.

Superintendent Walt Wegener also will report on district enrollment. There were 1,766 students enrolled on Oct. 11. That’s down 61 from the 1,827 enrolled last October and down 9 from the start of school in August.

And reports on maintenance, transportation, food services and the district’s financial report will be presented by Doug Dalton, chief financial officer.