One move at a time, the Mandan School Board is making right the deadline snafu that forced the postponing of the annual school election from June until September and left a question as to the ability of four board members to vote on matters before the board. North Dakota Attorney General Wayne Stenehjem issued an opinion saying that board members - Goetz, Tim Tausend, Dan Leingang and Tom Arenz, whose terms expired at the end of June - could serve until the Sept. 8 election.
The school board now needs to conduct a successful (miscue free) election and duck any residual legal action.
To that end, the school board might want to have an attorney on retainer to help guide them in the coming months. The board discussed just that Monday night, but could not reach a consensus. Currently, the board relies on Gary Thune with the North Dakota School Board Association for legal advice related to school law and local private attorneys for other matters.
While there may be a cost associated for this legal shepherding, the price of making an additional mistake would be excessive. Any additional problems with the election would significantly reduce the school board's credibility with Mandan residents. And its credibility had been very good. It was built upon relationships with parents developed during the campaign to approve the construction of a new middle school. It's not the kind of political capital that any elected body can afford to spend recklessly.
Clearly, the busted June election was not the result of intentional or malicious wrongdoing. The school board members were not directly at fault. But the "buck stops" with the board on school issues, like it or not.
Several board members wanted to know what the school district was spending now for legal services and what having an attorney on retainer would cost. That's more than reasonable. But given the amount of money spent by the school district, the number of employees, its responsibilities and liabilities, and the present situation, the school board can ill afford to go without legal counsel.
The Mandan City Commission and Mandan Park Board both have legal representation at their meetings.
Stenehjem also wrote that board members elected Sept. 8 should take their seats as quickly after the election as possible.
The deadline for filing for the open seats on the Mandan School Board is Friday. As of Tuesday morning, four candidates had asked that their names be placed on the ballot. There's at least one candidate for each position. More are needed.
Posted in Editorial on Wednesday, July 8, 2009 12:00 am
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