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Judge: School board broke law

David Cole | Hagadone News Network | UPDATED 12 years, 9 months AGO
by David Cole
| February 9, 2012 8:15 PM

COEUR d'ALENE - A District Court Judge on Wednesday declared invalid an appointment of a Coeur d'Alene school board member in June, finding the board didn't comply with state law in its appointment process.

Coeur d'Alene School District Board members Tom Hamilton and Terri Seymour filed a complaint in District Court in Kootenai County questioning the validity of Wanda Quinn's appointment to the board. Quinn was appointed to replace former board chair Edie (Brooks) McLachlan.

Hamilton told The Press on Wednesday that he and Seymour sought a judge's decision on the matter only after attempts at an administrative resolution failed.

"It is unfortunate that this occurred, but it was necessary because public agencies must be compelled to follow the law," Hamilton said.

District Court Judge Michael J. Griffin wrote in his decision that the board has to comply with Idaho law if it wishes to declare a vacancy on the board and fill it.

"If a vacancy is created by the resignation of one board member, then that person would not be available to vote on the appointment of their successor," Griffin wrote.

McLachlan voted as a board member for her successor.

At a May 19 board meeting last year, McLachlan read a letter that said she was resigning. It was to be effective June 30.

Following her announced resignation, another board member made a motion declaring a vacancy on the board. That motion passed, and interviews were scheduled for June 6.

At a special June 6 meeting, McLachlan said her resignation would be effective at the end of that meeting.

Five potential candidates were interviewed to replace her.

McLachlan chaired the meeting, participated in the interviews, and voted with the other four board members in selecting Quinn.

Hazel Bauman, school district superintendent, said the district understands the judge declared Quinn's appointment "null and void."

Bauman said Quinn will step down immediately.

"We will be working with the trustees to determine the next course of action," Bauman said.

She said the district's legal counsel suggested convening a trustee meeting as soon as possible to deal with the vacancy.

"Obviously, the day-to-day work of our district continues," Bauman said. "My focus needs to continue to be there for serving children in the community."

Sid Fredrickson, vice chairman of the board, said the board will have to meet and collectively decide what to do next.

He said the board's action at the time was approved by the district's legal counsel.

"As I recall, yes," he said.

School district attorney Charles Dodson could not immediately be reached for comment on the judge's ruling.

It is likely the board will have to formally declare a vacancy in the Zone 1 seat held by Quinn and go through the process of appointing someone to fill the seat.

Idaho code requires the trustees to appoint a new trustee from the zone vacated within 90 days of declaring the vacancy. If, by that time, they are unable to appoint someone from the zone, they can appoint a trustee at-large from within the district.

If the board is unable to appoint a trustee after 120 days, Idaho code calls for the county board of commissioners to make an appointment.

Quinn, who is out of town until Monday, couldn't be reached for comment.

Press reporter/online editor Maureen Dolan contributed to this report.

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