Policy Review Minutes - March 20, 2006 Meeting

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Proceedings of the Board of Trustees Policy Review Committee

Elementary District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

 

March 20, 2006

 

 

Call to Order

 

The Policy Review Committee met on Monday, March 20th at the Lincoln Center, 415 North 30th Street, Billings, Montana.

 

The meeting was chaired by Katharin Kelker and called to order at 4:30 p.m.

 

Those present included: Trustees Katharin Kelker, Malcolm Goodrich, and Mary Jo Fox, Leo Hudetz, Clerk, Jeff Weldon, Attorney, and Jerry Hansen.

 

The committee discussed the following items:

 

Policy 1700 Appeal – Fund Transfer Complaint by Jerry Hansen

 

Katharin Kelker asked Leo Hudetz to provide the committee background information regarding the complaint from Mr. Hansen.

 

Leo Hudetz explained that the committee is authorized by Policy 1700 to review the Clerk’s “threshold” determinations. The threshold issues include standing to bring a complaint, the timeliness of the complaint, and the subject matter of the complaint.

 

Mr. Hansen filed a 1700 complaint on January 2, 2006. His complaint asserted that the Board improperly authorized a transfer of funds from the District’s transportation fund to the District’s flexibility fund. The clerk confirmed that the authorization took place at a Board meeting on August 16, 2004.

 

Policy 1700 has a 30 day timeline for filing complaints. It also contains a 60 day timeline in certain circumstances. The Clerk determined that Mr. Hansen’s complaint was filed well after either the 30 or 60 day deadline. His complaint was filed over 16 months after the Board’s action.

 

The Clerk, therefore, concluded that Mr. Hansen’s complaint was untimely and he dismissed the complaint solely on those grounds.

 

Jerry Hansen stated that he informed the Board of Trustees of his concerns on December 19, 2005, when the fiscal year 2005 audit was approved, and even though the action of the Board started in August 2004, the complaint was filed within 30 days from the date the audit was approved. He argued the actions of the Board started in August 2004 and ended the night they finalized the audit, December 19, 2005. The only reason that Mr. Hansen filed the complaint was that he had talked with the County Superintendent of Schools and he said that is was necessary to go through the Board’s complaint procedure. Mr. Hansen said that all that he is asking for is an opportunity to have someone independent of the Board to review what went on and give an opinion. If this takes legal action he stated that he will seek that remedy.

 

Malcolm Goodrich moved that the committee affirm the Clerk’s decision to dismiss the complaint as untimely.

 

The motion was seconded by Mary Jo Fox.

 

Trustee Goodrich stated that the Board’s action on this transfer was on August 16, 2004, at a publicly noticed open meeting of the Board of Trustees. Mr. Hansen was or should have been aware of the transfer in 2004. The subsequent audit approval was not the action that gave rise to his complaint. The complaint was clearly outside the time requirements of Policy 1700.

 

Trustee Fox agreed with Trustee Goodrich’s analysis.

 

Those voting in favor of motion were Katharin Kelker, Malcolm Goodrich and Mary Jo Fox. Motion passed unanimously.

 

Policy 1700 Appeal – Personnel Issue

 

Leo explained to the committee that he received a 1700 complaint from an employee. Leo concluded that the matter fell within Policy Series 5000 and not within the 1700 process. He, therefore, dismissed this particular 1700 complaint. The employee appealed Leo’s conclusion. The employee requested that the committee consider the appeal in closed session. The chair determined that an individual’s right to privacy in this matter clearly exceeded the publics right to know and she closed the meeting pursuant to Montana Law.

 

The meeting continued in closed session at 4:45 p.m.

 

The meeting resumed in open session at 5:05 p.m. At that time Malcolm Goodrich moved that the Committee affirm the decision of Leo Hudetz for dismissal of the December 28, 2005 complaint by a district employee. The Committee concluded that matters concerning Policy series 5000 are not enforced through Policy 1700. Those voting in favor were Katharin Kelker, Malcolm Goodrich and Mary Jo Fox. Motion passed unanimously.

 

The meeting was adjourned at 5:08 p.m.

 

Next regular meeting will be held on April 4, 2006 at 1:30 p.m.

 

 

 

______________________ _____________________ _______________

Katharin Kelker, Chair Malcolm Goodrich Mary Jo Fox

 

 

 

___________________________

Cynthia Curnow, Recorder