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Two North Idaho College trustees sue State Board of Education

Green Hearts by Green Hearts
April 28, 2022
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Two trustees on the board of North Idaho College have sued the Idaho State Board of Education in an try to dam the State Board of Education from filling trustee vacancies on the group faculty.

Tuesday’s lawsuit, filed by Todd Banducci and Gregory McKenzie in Kootenai County’s First Judicial District, represents the newest improvement in a turbulent yr for the Coeur d’Alene-based group faculty. 

In September, Banducci, McKenzie and former North Idaho College trustee Michael Barnes voted with out warning or trigger to fireside former North Idaho College president Rick MacLennan, the Spokesman-Review and Idaho Education News reported. Weeks earlier, Banducci, McKenzie and Barnes had united to rescind a brand new masks mandate that MacLennan had carried out, the Inlander reported. 

In January, Barnes resigned from North Idaho College’s board of trustees. 

Then, on April 8, North Idaho College trustees Christie Wood and Ken Howard introduced their resignation from the faculty’s board of trustees, efficient May 3. 

The resignations of Barnes, Wood and Howard would go away three of the 5 seats on the North Idaho College board of trustees vacant, and brief of a majority quorum essential to conduct enterprise.

Idaho State Board of Education introduced it could fill trustee vacancies

Meanwhile, the State Board of Education introduced in an April 8 press launch it could provoke a course of to fill the vacant trustees seats till November’s subsequent trustee election.

“Idaho Code provides that the State Board of Education shall fill vacancies if there are two or fewer trustees remaining on a community college board,” State Board of Education Executive Director Matt Freeman stated in an April 8 written assertion. “The State Board will soon release an announcement seeking applications from residents of each of the soon-to-be vacant community college trustee zones at North Idaho College.”

On April 12, State Board of Education officers put out a name for purposes for the vacant board seats and set a deadline of April 25. 

The State Board acquired 37 purposes for these vacant seats on North Idaho College’s board of trustees, Idaho Education News reported Tuesday. Three former legislators, together with earlier Senate Education Committee Chairman John Goedde, former House Education Chairman Bob Nonini and former Rep. Dean Haagenson have been among the many 37 candidates, Idaho EdNews reported. 

Also on Tuesday, Banducci and McKenzie, the 2 remaining North Idaho College trustees who haven’t introduced their resignation, filed swimsuit trying to dam the State Board of Education from filling these vacancies.

NIC trustees’ lawsuit argues state board ought to solely be capable to fill one place

In the swimsuit, Banducci and McKenzie argue the State Board of Education ought to solely be allowed to fill one of the three vacancies.

“It is the clear intent of the statute that the State Board of Education only appoint trustees needed to constitute a majority of members of the board,” Banducci and McKenzie’s lawyer wrote within the lawsuit. 

Deputy Attorney General Dayton P. Reed responded on behalf of the State Board of Education on Wednesday, court docket data point out. He wrote the State Board of Education is required to fill the vacancies when the board of trustees lacks a quorum and is unable to conduct its personal enterprise. Reed stated Banducci and McKenzie have recognized concerning the emptiness created by Barnes’ departure since January and the North Idaho College board of trustees has been unable to fill the emptiness in that point interval. 

Reed argued on the state board’s behalf that if Banducci and McKenzie needed to cease the State Board of Education from filling the vaccines, all they needed to do is figure with Wood and Howard earlier than they resigned to fill the vacancies on their very own. 

Court data point out a listening to was held Wednesday afternoon on Banducci and McKenzie’s request for a short lived restraining order to dam the State Board of Education from filling the trustee vacancies. 

An electronic mail from Freeman obtained by the Idaho Capital Sun on Thursday indicated the choose denied the momentary restraining order. In his response on Wednesday, Reed stated the State Board of Education will transfer ahead with a full movement to dismiss. 

The State Board of Education is scheduled to fulfill on May 6 to deliberate and appoint three new trustees for North Idaho College, the State Board of Education stated in its April 12 assertion calling for trustee purposes.

 

Idaho Capital Sun is an element of States Newsroom, a community of information bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: [email protected] Follow Idaho Capital Sun on Facebook and Twitter.

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