7/28/2019 Cohn Revises History, Proposes Change to Committee Policy

1/1

From: "Olson, Jessica" Subject: FW: Policy 1130, Committees, Proposed Revision

Date: April 11, 2013 4:52:46 PM PDT

To:

1 Attachment, 13.7 KB

-------------------------------------------From:Cohn, GarySent:Thursday, April 11, 2013 4:52:45 PMTo:Everett School BoardCc:Mahan, Kathy; Vanderwilt, Debbie; Ben Stafford (WStafford@perkinscoie.com)Subject:Policy 1130, Committees, Proposed RevisionAuto forwarded by a Rule

Directors, as you are aware, recall petitions against all five members of the district's board of directors were filed with the CountyAuditor's Office by Rodman Reynolds. The petitions alleged the directors had not acted in accordance with state law because aseparate committee of the board, comprised of a number of directors less than the full board, had not been designated by the boardand "styled" the audit committee. In response, four directors filed declarations and a response with the Snohomish County SuperiorCourt arguing the petitions were legally and factually insufficient because (1) the board audits as a committee of the whole, and thusthe petitions did not allege substantial unlawful conduct that amounted to a violation of the oath of office; (2) the petitions did not

allege that any of the directors intended to violate any law; (3) the petitions did not identify with sufficient specificity the wrongfulconduct alleged; and (4) the petitions did not allege that Mr. Reynolds had personal knowledge of his charges. Snohomish CountySuperior Court Judge Anita Farris found the recall petitions were legally and factually insufficient and dismissed them. Subsequentreview by legal counsel has determined that a minor revision to Policy 1130, Committees, will avoid future misinterpretation theboard's intent with regard to its long-standing use of a "committee of the whole" to audit the District's accounts. The attachedproposed revision to Policy 1130, Committees, is provided for your information.Dr. Gary CohnSuperintendentEverett Public Schools4730 Colby AvenueEverett, WA 98203425-385-4009|officewww.everett.k12.wa.us/everett

PROPOSED REVISION 1130Page 1 of 1

THE BOARD OF DIRECTORS

SubcCommittees

SubcCommittees of the board may be created by a majority of the board. The president shall

appoint board members to serve on such subcommittees, the purpose and terms of which shall bedetermined by a majority vote of the board. Board subcommittees shall be limited to twomembers; except that the subcommittee to evaluate the superintendent shall be no more than

three members.

Legal Reference: RCW 28A.320.040 Bylaws for board and school government

http://www.everett.k12.wa.us/everetthttp://www.everett.k12.wa.us/everett