obied Posted July 13, 2006 Report Share Posted July 13, 2006 Proceedings of the Board of Trustees District No. 2, Yellowstone County High School District No. 2, Yellowstone County Billings, Montana SPECIAL MEETING July 6, 2006 Call to Order This Special Meeting of the Board of Trustees of School District No. 2, Yellowstone County, Montana and High School District, Yellowstone County, Montana, was duly held at the Lincoln Center, 415 North 30th Street, Billings, Montana, July 6, 2006 at 11:30 a.m. Roll Call The following officers and trustees were present: Vice-Chair, Katharin Kelker, Mary Jo Fox, Rachel Stagg, Dawn Achten, Joel Guthals, and Sandy Mossman and Leo Hudetz, Clerk. Trustees not present: Malcolm Goodrich, Dale Getz, Judy Johnson Others Present: Atty.,Larry Martin, Dan Martin, Scott Anderson, Jack Copps, Nancy Hines, Thomas Harper, and Atty., Martha Sheehy Purpose The purpose of this meeting is to review two legal items for the board’s consideration and potential action, and approve the second reading of District Policy 1310 and Procedure 1130-P1. Communication From The Public None Legal Report Attorney, Larry Martin presented a brief overview of two pending cases Hudak v. Delta Machinery and District 2 and Opie v. District 2, et al. Attorney Martin reported that a judge’s ruling has been requested in the Opie v. School Distict 2. The Felt Martin Frazier Jacobs & Rapkoch Law firm is also a defendant in the case and will continue to represent themselves. Regarding defense for the school district, the district’s AIG insurers have stepped in for coverage and defense per the policy guidelines. Mr. Harlan Krogh and the Moulton Firm would act as counsel for the district and its trustees. It is recommended that the board consent to the substitute of counsel. Individual defendants are still entitled to their own counsel if they so choose. Trustee Joel Guthals made a motion to authorize substitute of counsel by Harlan Krogh for Billings School District No.2, its Board of Trustees, et al, in the matter of Robert Opie et al v. School District No. 2 Cause No. 06—149 and further to offer to indemnify defendants, Rod Svee, Jane Manley, Katharine Kelker, Gene Jarussi, Mike Dimich and Jeff Weldon the services of substitute counsel, Harlan Krogh. Mr. Harlan Krogh will substitute as counsel of record in place of Felt Martin Frazier Jacobs & Rapkoch. Dawn Achten seconded the motion. Atty. Larry Martin will see that his firm notifies all defendants of the substitute counsel and understand their role. Attorney Martha Sheehy, represents Jane Manley. It is her understanding that the board has agreed to indemnify Jane. Ms. Sheehy is concerned that the insurance company may agree to defend Jane but not provide coverage for a loss, however she will seek coverage for Jane. Martha also explained that Harlan Krogh cannot represent Jane because of the timings of motions filed and asked Larry Martin not to include Jane when sending the notification letter for substitute counsel. Joel Guthals asked Attorney Sheehy if she was okay with the motion on the floor which includes defense for Jane Manley. Attorney Sheehy said it would be okay since she will respond on Jane’s behalf. Vice-Chair Kathy Kelker called for a vote on Trustee Guthals’ motion. The motion passed unanimously. Attorney Larry Martin addressed the Hudak v. Delta Machinery and District 2 and explained that Delta Machinery would like to amend the claim to include a cross claim against School District No. 2. In order to do that they must seek permission from the court and it is Attorney Martin’s recommendation that the board consent to this. Trustee Joel Guthals motioned to Authorize Felt Martin Frazier Jacobs & Rapkoch to consent to Delta Machinery’s filing of a cross claim. Dawn Achten seconded the motion. Joel explained and Larry Martin agreed, that this consent process is usually only a procedural matter. Vice-Chair Kathy Kelker called for a vote on this matter with all trustees voting in favor of the motion. The motion passed unanimously. District Policy 1130 and Procedure 1130-P1 District Policy 1310 provides that proposed changes to District policies are presented to the Board of Trustees for three readings by the Board’s policy Review Committee. The first and third readings are at regular Board meetings. The second reading may be at a regular Board meeting or at a Board committee meeting. Trustee Joel Guthals motioned to approve the second reading of 1130 and 1130-P-1 with a second to the motion by Sandy Mossman. It was questioned as to whether or not the number of meetings are being restricted. Leo Hudetz, Clerk explained that regular and special meetings could be called as necessary. With no further discussion the vote to approve the motion was unanimous. There being no further business the meeting adjourned at 12:05 p.m. _________________________________ Katharin Kelker, Vice-Chair ___________________________ Donna Obie, Recorder Link to comment Share on other sites More sharing options...
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