Assembly mulls lawsuit

May 21, 2006

BY DARRELL L. BREESE

Frontiersman

WASILLA - What was the typical public hearing on the Mat-Su Borough budget Thursday quickly changed tone as assembly members called for a lawsuit against the school district and a vote of no-confidence for Rob Doyle, the district's chief school administrator.

By the time the dust had settled, cooler heads prevailed and the assembly decided to approach the district and school board regarding frustrations over recent action and the current school budget with a less-aggressive approach.

It was obvious the majority of the members have grown tired of the adversarial relationship that has developed between the top bodies.

&#8220As we all know, the relationship between the assembly and the school district has become rather tenuous recently,” assembly member Bill Allen said. &#8220Because of that, I asked the borough attorney if the borough could sue the school

district over misuse of borough funds by not honoring the contract they have with the Classified Employees Association.”

Allen initially wanted to discuss the topic with his fellow members behind closed doors in an executive session, but changed his mind and chose to make his request with the public present.

&#8220This matter is important enough for the assembly to discuss it for everyone to hear,” Allen said. &#8220It needs to be handled publicly.”

Assistant borough attorney Nick Spiropoulos provided Allen and the rest of the assembly with written advice indicating that a lawsuit could not be filed to halt the school board or the chief administrator from restructuring its workforce.

Allen still wanted the assembly to discuss the matter.

Assembly member Jim Colver opened the discussion with a motion calling for a vote of no-confidence on the chief school administrator.

&#8220I have a lack of confidence of our school district and the potential of future huge liabilities,” Colver said. &#8220Being the entity that would have to pay for damages for the violations of contractual obligations, I think it is time for the assembly to weigh in and perhaps send a message this way.”

Spiropoulos continued to explain his understanding of the law and what action could be taken.

&#8220The court ruling in a similar case, Tunley versus the Municipality of Anchorage, says that the taxpayer's recourse is at the ballot box and not in the courts,” Spiropoulos said.

The motion stalled as assembly members Betty Vehrs and Talis Colberg called for a different approach.

&#8220I don't want to sit and curse the darkness any longer,” Vehrs said. &#8220All I've heard is the school district is bad. I think we need to take a positive motion if what assembly member Allen says has any merit, and I think it does. But whether we like it or not we are joined at the hip with them. Before we move forward with these two options, which will likely halt all cooperation and communication with these guys, we need to stop the bleeding with some sort of Band-Aid until we can find out what is causing the wound.”

&#8220I don't support a vote of no-confidence,” Colberg said. &#8220I don't believe Mr. Doyle lacks integrity or that he acted in malice. I don't want my silence to be misunderstood as support of the motion or call for a lawsuit. The remedy for those who disagree with any decision, as pointed out by the attorney, is at the ballot box. That where the problem is to be solved if there is a problem, not by use singling out one person as the focal point.”

Their comments led to Allen and Colver to change their tone.

&#8220Perhaps we need to give it one more chance,” Colver said. &#8220I've just got a lot of frustration here. I'll withdraw my motion and try to see if we can work some of these things out and express our unhappiness with the things that have happened in a different manner.”

&#8220We need to understand the relationship between our assembly and the school district,” Allen said. &#8220We also, looking to the future, need to figure out a way to start the healing process, because it is not in the best interest of this community for us to be adversely connected with the school district.”

The discussion of a lawsuit and vote of no-confidence ended as rapidly as it started.

School district spokeswoman Kim Floyd said she was troubled to hear assembly members would raise such issues, and satisfied that both actions failed to move forward.

&#8220Any attempt by the assembly to tell the school district and school board how to spend our funds is not legal; the attorney was accurate in his opinion,” Floyd said. &#8220Having the assembly even consider the two ideas is hurting the district's ability to perform its primary mission, which is to educate the children of the borough.”

Contact Darrell L. Breese at 352-2267 or at darrell.breese@ frontiersman.com.