In an email dated June 2, 2008 Nancy Hungerford, with the Hungerford Law Firm, Jewell School District counsel, writes, “There is no prohibition in the statute or Board policy of a member rescinding a resignation before the Board declares the vacancy at its next regular meeting. Therefore, at this date, the school board has three members.”
According to ORS 332.030 “The district school board shall declare the office of a director vacant upon any of the following: (a) the death or resignation of the incumbent …” Since the board did not meet, no vacancies were declared between the time that the resignations were submitted or rescinded.
Jewell School District does not have a policy that specifically addresses rescinding resignations. Board policy on resignations simply asks that when a member decides to terminate service, the Board requests earliest possible notification of intent to resign so that the Board may plan for the continuity of board business.
Board member Alan Foster first resigned in what he stated was a decision made hastily, “while I was angry and disappointed” in reference to the outcome of the election that recalled Karl Meiers and Ann Samuelson. He apologized for putting his self before the educational achievement of the students in his letter rescinding his resignation.
Cathy Rozinek also resigned as a director of the Jewell School Board. Rozinek changed the date of her resignation to be effective June 30, 2008, stating that she realized there is important business decisions that need to be made and that her goal for serving on the Board has always been to look out for the best interests of the School and its students.
The Northwest Regional Education Service District would have intervened had they received the letters of resignation and notification from the Clatsop County elections clerk that the recall had been certified at the same time. As it stands, the NWRESD was not yet involved at the time the resignation letters were written because the election had not yet been certified. Consequently, the Jewel School Board has always had three board members, enough for a quorum.
At the special meeting held at the Jewell school tonight, Monday June 2, the Board elected Alan Foster as Chair and Tania Skinner as Vice-Chair. They acknowledged the receipt of the certified results of the recall election. Chair Alan Foster then called the audience’s attention to the note at the bottom of the agenda regarding the Public Meeting Law. Reading aloud Foster reminded the audience that the law only guarantees members of the public the right to monitor the school board meetings, it does not grant the members of the public the right to interact with the school board during those meetings. Foster went on to clarify that if the board decided to allow public comments it could impose procedural restrictions. No comments from the audience were taken during the meeting.
Vacancies for positions 4 and 5 were declared immediately and position 3 effective June 30th. The Board decided that applications for the positions would be available beginning Wednesday, June 4th. Applications should be turned in promptly as the interview process will begin at the following Board meeting, June 9th, and will continue until the positions are filled. The Board’s time line is to have at least one position filled before June 30th, when Rozinek’s resignation goes into effect, or the Board will lose its quorum.
At the end of the meeting Foster stated that all comments and questions regarding procedures should be directed to the superintendent as board members are merely parents and district members when the board was not meeting. Skinner asked that community members quit debating these matters in public forums where people can read about Jewell, including online blogs where “hurtful and ugly things” were being written.
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