Ronan BOE actions considered illgal

RONAN - Those gathered in the high school library Monday night expected to see new school board trustees sworn in and a meeting to take place.

What they didn't expect was for the board's actions to be deemed illegal.

After former trustees Dan Salomon and Lennie Hales, who did not attend, were thanked for their service, the new trustees were introduced. Wendy Thingelstad, Bob Cornwell and incumbent Chris Lynch were given the oath of office by notary public and district business manager/clerk Pamela Harris.

Once the oaths were taken and paperwork was being filled out, Lake County Superintendent of Schools Gale Decker asked to address the board. Decker claimed the swearing in was illegal as Montana Code Annotated 20-3-205 states that the county superintendent will "administer and file the oaths of members of the boards of trustees of the districts in the county."

"The clerk has no authority or right to swear in new members," Decker said.

Most board members appeared taken aback. Trustee Mark Clary asked Decker if he would be willing to perform the swearing ins "now."

"I can't," Decker, who serves as the school's cross-country coach, said. "You've already accepted the agenda."

The school board members seemed exasperated, unsure of what to do in such a position. Trustee Jim Blow seemed particularly upset.

"How long have you known about this, Gale?" he asked.

Decker said he had known about the rule for approximately 10 days.

"Why didn't you tell us?" Blow asked. "It seems like the neighborly thing to do."

Decker said that every other school in Lake County had contacted him and asked him to swear in their new trustees. He also said that the school board has frequently violated school laws and policies regarding such meetings, and that "quite frankly, I'm tired of it."

As the board did not have a quorum without the new trustees, no actions could be taken at the meeting. Ronan schools superintendent Andy Holmlund suggested the board reconvene at a later time and asked if Decker would be available later in the week. The board agreed to meet Wednesday at 8 p.m., which would give them enough time to post a new agenda within the rules of open meeting laws.

In an interview after the meeting, Decker said that in his five years as superintendent, Ronan had never contacted him about swearing in new trustees. Because there is only a 30 day protest window of any action taken at school board meetings, he said past meetings and actions cannot be considered illegal. Decker said he had already sworn in trustees this year from around the county, even traveling to Dixon to swear in a new Charlo school board member.

"It would be easy to sit down and ignore this incident, but I didn't choose to do that," he said. "I felt as county superintendent that there was some information I was obligated to receive that I didn't receive."

Decker said that clerks can swear in people to give evidence, but not new trustees.

"The clerk works at the discretion of the trustees. She is performing what she's been told to do," Decker said. "The county superintendent has discretion. It's part of the checks and balances that we have in all areas of government."

Decker said the swearing-in issue came up recently at a workshop during a county superintendent's conference.

"At first it seemed it doesn't matter, that it's trivial," Decker said. "After getting some perspective, I can see that it's an important issue. Other people may not agree with that, obviously."