Friday, June 7, 2019

"Something so out of kilter"?

At the May 28th Richland 2 School Board Meeting there was quite a discussion after the agenda for the June 11th Board meeting was proposed.

Trustee Lindsay Agostini made a motion to amend the proposed agenda to include having the bond attorney attend the executive session to explain the POS (whatever that is) and the No-Litigation Certificate which are part of the bond documents she refused to sign. The motion was seconded by Dr. Elkins-Johnson.

Trustee Caution-Parker asked if they'd have to pay the attorney to attend. Well, duhhh... of course. Attorneys don't work for free. (Watch the YouTube recording of the 5/28/2019 meeting, and start at (1:21:20) on the timer.)

Caution-Parker asked, "Is there something so out-of-kilter that we need to have her there?" Then Caution-Parker mentioned a letter that Supt. Davis gave to all the board members that explains the attorney's views.

What could that "something so out-of-kilter" be?

Actually, I can name about three things that will create H-U-G-E problems for those who signed the documents, which I have since learned pertain to the April 11, 2019 sale of the bonds.

And probably not just for those who signed, but possibly for the entire Board, because it has not addressed the problem that arose on November 13, 2018.

Notice how McKie allowed the meeting to run out-of-control after the discussion ended and she called for a vote. The voting opened, and then Caution-Parker had a question. She was too late and should have been cut off, but McKie didn't cut her off.

Then McKie recognized James Shadd, who was also too late for discussion. McKie continues to run meetings by the McKie Rules of Order, rather than by Robert's Rules of Order. Shadd, for some strange reason (and especially strange, since he  is an attorney himself) said the bond attorney (Heizer) would not be at an executive session for legal advice.

Well, that's exactly why she would be there.

At that point, Supt. Davis said "the contract has already been signed." What he meant was the contract for the sale of the bonds. And that's why he needed the Board Secretary to hurry up and sign.

Mrs. Agostini was wise to consult with her private attorney and to refuse to sign the Certificate of Incumbency and the Signature and No-Litigation Certification.

After James Shadd was appointed successor Board Secretary, he signed the documents on April 30.

Finally one board member supported Mrs. Agostini. Dr. Elkins-Johnson said it was proper to support a board member's request for clarification. Of course!!!

The vote on the amendment to the motion is shown at (1:32:51). The vote was 3-3 (Failed). Agostini, Elkins-Johnson and Holmes voted in favor. McKie, Caution-Parker and Shadd voted against. Manning was absent. (The vote should have been recorded as 3-3-0-1.)

Tossing out the votes of McKie and Holmes, who are not legal members of the board, then the vote would have been 2-2-0-1. Had Trustee Manning been present, I suspect the vote would have been 3-2 (without the votes of McKie and Holmes recognized), passing instead of failing.

Does anyone remember a Resolution coming before the Board to authorize the Board Chair and the Board Secretary to sign the bond sale documents on behalf of Richland School District Two?

Was that buried in some document or motion months ago, so that the signatures could be affixed without a current Resolution?

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