Procedural clash exposes rift on Denver school board
The coalition that restored the president’s gavel to Denver school board Director Xóchitl Gaytán showed cracks Thursday, with board members trading accusations during its regular meeting and arguing over procedure while the district’s general counsel flipped through Robert’s Rules of Order looking for answers.
In December, board newcomers Monica Hunter and J.D. Torres were selected to serve with Gaytán as vice president and treasurer, respectively. Director Marlene De La Rosa, who was elected two years ago, serves as secretary.
“I’d like to call a point of order, Madam President,” Torres interjected as soon as Gaytán called the meeting to order.
Torres’ complaint stemmed from requesting time on the agenda to discuss the board’s agenda-setting policy and practice.
As board president, Gaytán controls the agenda. Three members can add an item, but the president may remove it. The president also appoints committees, represents the board at events and communicates with the media.
Gaytán attempted several times to cut Torres off.
“You’re out of order,” Gaytán told Torres.
“No, you’re out of order,” Torres shot back.
Torres attempted to raise a point of order after Gaytán declined to place the discussion on the agenda. The exchange devolved into a procedural dispute as the two argued over whether his extended remarks constituted a proper point of order.
At one point, Gaytán asked General Counsel Aaron Thompson to weigh in.
Thompson said a point of order is used to bring a meeting back into compliance with its rules and advised Torres that concerns about agenda decisions should first be addressed directly with the board president and, if unresolved, brought before the full board.
Under Robert’s Rules of Order, a point of order is used to call attention to a violation of the body’s rules or improper procedure.
Torres asked Gaytán to rule on his point of order and said he would appeal to the full board if she denied it.
Thompson objected, saying the board could not vote on a matter not listed on the agenda.
A vote never came.
But Hunter also expressed concerns about how items are placed on the agenda. She said she, too, had attempted to place items on the agenda that Gaytán later removed.
“I am very concerned that the chair and our president are not fulfilling her duties in her role as president to ensure that the items that we are properly requesting with the support of other board members are not being placed,” Hunter said.
Reciting board policy, Thompson recommended Torres and Hunter first have a private conversation with Gaytán and, if that is not satisfactory, bring their issue to the board in the form of a censure.
A censure is a public reprimand for policy violations or unethical conduct. A censure does not remove a public official from office. Only voters can do that.
The last time the Denver Public Schools Board of Education censured one of its own was Director John Youngquist four months ago.
In November, the board voted 5-1 to censure Youngquist for overt racial bias.
Director Kimberlee Sia was the lone no vote. Youngquist abstained.
The allegations came from Superintendent Alex Marrero, who told then board President Carrie Olsen in a letter that Youngquist had “demonstrated a pattern” of hostility, policy violations and racial insensitivity that created a toxic work environment.
Marrero also accused Youngquist of vying for his job.
An investigation into Marrero’s accusations by Garnett Powell Maximon Barlow & Farbes did not conclusively find any bias and that Youngquist’s conduct — pushing back on data and asking critical questions — was “consistent with what he views to be his mission as a board member.”
Examples of the report cited of Youngquist’s behavior included a witness who said he called the district’s graduation rate “not good enough” and his failure to clap when Marrero was named superintendent of the year.
It was Marrero who requested Youngquist be censured.
Youngquist has said he believes the complaint traces back to safety concerns he raised — and Marrero dismissed — a year before a troubled student at East High School shot and wounded two administrators.
The district is being sued for its alleged inaction and Youngquist said he expects to be deposed in federal lawsuits.




