election. I recorded their decision-making process from the archive video-tape of the meeting, as follows:
After about 25 minutes of general discussion by the Board and Superindendent the voting process started, as follows". (Nancy, Chris, Jackie, and Doug are School Board Directors).
Nancy: Did Doug move? Do you want to get it on the table?
Jackie: Yeh, we can have a motion to approve, if you'd like.
Doug: I'll move adoption of .... do we want to have these as a package?
Nancy: I'm fine with a package. (is this supposed to be the second to the motion?)
Jackie: I'm fine with all three. (the three resolutions? which ones? they weren't read).
Doug: All right, I'll move we adopt all three, but I want to amend that so that we give staff the authority to: 1) deal with the issue that Chris raised, that if there's any flexibility of formatting the ballot we give that, and 2) we give flexibility to insert the appropriate name of the entity that's actually going to be conducting the election.
Jackie: So we have a motion and a Second.
(We do? Was the Second named? Did the motion identify the resolutions for the public and record?)
No vote was taken. Discussion ensued.
Twelve minutes passed before a second motion, by Pres. Pendergrass, was put on the table:
Jackie: "I'll entertain, aahh... we have a motion and a second (Doug questions the second)...
Jackie: Yes, Nancy seconded.
The motion is to:
allow changes in language that need to be appropriate for the......whatever the elections are called these days....and then to check on the ballot measures to make sure that they look as consistent with one another that is possible.Jackie: With that, all those in favor say Aye (four Ayes) - any opposed? (*silence). Our work is cut out for us over the next few months".
Again, the measures were not read prior to the vote. My point, is how can the viewing public be expected to know what's going on in this vote? And, if the resolutions were never read by a Director, then how can they be voted on?
*Director Ravi Shahani did not attend the meeting. His district is in the Education Hill area.
Part One: The public is left scratching their heads after the School Board funding vote.
From Superintendent Chip Kimball
ReplyDeleteBob,
I checked with our attorney regarding the legality of the vote that was taken on November 23, 2009 regarding our measures that will be placed on the ballot in February. According to our legal counsel, the vote of the board was done appropriate and legally. Resolution number recital is not a requirement in the law, and all of the materials were provided for the board and the public in writing. There was no indication of confusion for the board regarding what was being voted upon. And most certainly, there was nothing that was done in that meeting that was not fully disclosed to the public or the board in both our notice, open meetings, and in writing.
As a result, we will not be holding a special meeting to take a vote on the measures, as that has already been done.
As to your recommendation #4
4). In the future, I recommend Chip call out the vote, rather then a Board member. He has the Resolution Numbers and he or staff can keep track of the amendments.
It would not be appropriate for me to call out the vote of the board as this is a board business meeting. Officially and legally I am the secretary to the board. I make recommendations to the board for action (through resolutions and consent agenda items) but the board president approves the agenda, and the board initiates a motion, seconds, and manages the votes. This is their meeting, and the President of the board runs this meeting. Our executive assistant takes official minutes for the board and for the public which are approved by the board and are posted for public consumption. If there is a procedural issue that the president doesn’t catch, I will most certainly say something, as will Diane (Executive Assistant) or Janene (Deputy Supt) if any of us are aware. Our board is very experienced, and infrequently do we find procedural errors.
Thank you for your inquiry. For your reference I have copied the response from our attorney.
Chip