Ronan BOE straightens things out

RONAN - Two days after having its meeting cut short by claims of illegality, the Ronan board of education completed their scheduled monthly meeting last Wednesday.

The start of the gathering was delayed 30 minutes as the trustees waited for the school district's legal counsel to arrive from Missoula before commencing.

Along with the agenda, which had been revised four times, copies of an e-mail from the school's attorney, Elizabeth Kavela, were made available. The electronic letter was a reply to district superintendent Andy Holmlund's query regarding the legality of who can administer oaths to new trustees. The question came on the heels of last Monday night's failed attempt at a school board meeting after county superintendent of schools Gale Decker accused the board of illegal actions in allowing Pamela Harris, notary public and district business manager/clerk, to administer the oath of office to two newly elected trustees.

Kavela's finding, which she described orally once she arrived, was that a clerk is allowed to administer the oaths, thus making Monday's actions legal. She cited Montana Code Annotated 1-6-101, which says "Every court, judge, clerk of any court, justice, notary public, and officer or person authorized to take testimony in any action or proceeding or to decide upon evidence has power to administer oaths or affirmations." One of the requirements of the county superintendents position is to administer oaths if asked, she said, but he is not the only person permitted to perform the action.

"I swear in trustees all the time, but must file the document with the county superintendent before it is legal," Kavela, who is also a notary public, said.

Decker stood up before the board and disagreed with Kavela's assessment.

"Elizabeth is a respected school law lawyer, but I've gotten a completely different opinion from the attorney I've spoken to," he said. "I'm not threatening litigation but I want to get this right."

Kavela agreed to disagree.

"If you get five lawyers in a room, you'll probably get five different opinions," she said.

The board accepted the legality of the previous swearing in performed by Harris at Monday's meeting, so the trustees moved on to interviews of Nathan Cantlon and Tom Anderson for the open District 30-1 trustee position. The board voted to accept Anderson as the new trustee, who was then sworn in by Decker.

The board also nominated and named trustees to the yearly-held chair and vice-chair positions. Trustee Chris Lynch was nominated and voted head chair while trustee Jim Blow was nominated and voted vice-chair. The positions are effective immediately, until May of 2011. Harris was then appointed clerk by new head chair Lynch and sworn in by Decker.

During the public comment period later in the meeting, Decker again asked to address the board. He voiced concerns he has about the process the board took when deciding to build the new football and track and field complex. This was the second straight meeting Decker voiced such concerns, and said he will continue to do so until he is satisfied with the answers he receives from the trustees.

Later, the board voted to not sign a memorandum of understanding related to applying for federal funding for the "Race to the Top" competition held nationally. Montana did not apply during the first phase, Holmlund said, but Office of Public Instruction's Denise Juneau would like the state to apply during this second round.

Things became slightly awkward when the board reached the agenda items on personnel hiring for the 2010-2011 school year. Decker was on the agenda to be approved as high school assistant boys basketball coach, but the board tabled the vote until a later date in light of the recent issues involving Decker and the board.

The board also discussed the possibility of moving fifth grade to the middle school effective for the 2011-2012 school year. Overcrowding has become an issue, and the middle school has room for more students. The alternative would be costly additions to K. William Harvey and/or Pablo Elementary.

The board voted to hire Theodore Madden as K. William Harvey as principal, effective next school year. Madden will replace current principal Dave Marzolf, who is retiring.