AUBURN - The Auburn Enlarged City School District Board of Education may have a new code of ethics, but one board member said he won't be following it.

“I'm not going to abide by these rules,” Joe Leogrande said. “I'm still going to continue doing what I've been doing because these are a violation of freedom of speech and the U.S. Constitution.”

In a 7-1 vote, the board Tuesday evening adopted a revised ethics policy that lays out proper board member conduct during meetings and out in the community, but not when it relates to the press.

Leogrande voted against it while Fred Cornelius was not present.

Leogrande said that he spoke to a constitutional lawyer, who stated that the ethics policy, even without a proposed section detailing the board's relationship with the media, would put a “muzzle” on free speech and would constitute a violation of the United States Constitution.

Ginny Kent disagreed with Leogrande, saying the policy is nearly identical to that of the New York State School Boards Association.

“All this does is encourage us - in fact demands of us - that we act in accordance with a code of conduct.”

While Leogrande had multiple objections throughout the policy, he was strongly opposed to a section included in the first draft, but excluded in the final copy, that dealt exclusively with governing the relationship between the board and the press.

Prior drafts stated that board members were not to initiate communication with the media, but could answer questions if approached by reporters.

At the Policy Committee meeting last week, Kent suggested instead that the statements regarding the relationship with the media would be better suited in a policy dealing with community relations.

Two weeks ago, Leogrande levied a blistering critique of the policy, saying it would stifle free speech and close communications with the media. He also likened the ethics policy to another proposed policy that would empower the board to remove a board member if there was a flagrant ethical breach, saying that it would effectively circumvent the rights of voters.

The committee will not look at that policy until next month, at the earliest.

Board member Michael Stearns acknowledged Leogrande's position on the ethics code, but said he expects himself to uphold those rules.

“I'm not saying that all your comments are without merits,” Stearns said. “I am saying that some of your comments leave me to believe that you are questioning this because you feel that this policy was directed and modified for you.”

“You are very perceptive,” Leogrande responded.

Staff writer Alyssa Sunkin can be reached at 253-5311 ext. 239 or alyssa.sunkin@lee.net