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Former Jewell School Board Members May Sue Current

by Tryan Hartill


5 Former Members say the community is considering a Investigation and Lawsuit.

In a certified letter dated February 7th, Carolyn Eady, Clark Foster, Lauren Jacobson, Ulrich Schockelt and Carrie Thompson outline why they are upset with the Board and what they plan to do.

This all started on January 30th when the Jewell School Board voted to give Interim Superintendent Gerald Jones a 2 year contract extension. The issue revolves around a 75 minute executive session in which apparently no media was present. After the Executive Session the Board took public comment and voted 3-1 on a resolution to extend the contract of Gerald Jones.

The Letter states:

“We believe the process you followed at the January 30th meeting violated the legal requirements of Oregon’s Public Meetings Law.”

The Letter also states that “at the earliest possible date” the Board must void the resolution and open up a “Executive search process.” And if the Board takes no action by February 15th the community is considering:

  • Filing a complaint with the Government Standards and Practice Committee with possible fines of up to $1000.
  • Filing a Lawsuit in Clatsop County Circuit Court.

Vice-Chair Ann Samuelson was not at the Meeting, but she still supports the Board’s decision to extend the contract.

“Gerald Jones is exactly what this District needs. He is there at 6am every school day and easily puts in 60 hours a week.” Samuelson said.

She continued, “This is a labor of love for us, we get paid nothing and now Board Members might be hit with $1000 fines. Who is going to serve on these Boards when lawsuits are threatened against Elected Officials when they make a decision.”

The conclusion of the letter states:

“For the good of the School, the Community, the Staff and, primarily, the students, we urge you to accept our recommendations and rescind your prior actions.”

During the January 30th Meeting, Karl Meier, Allen foster and Cathy Rozinek voted in favor of extending the contract of Gerald Jones and Tania Skinner voted against.

According to Oregon’s Public Meetings Law, Executive Sessions may be called for the following 12 reasons:

  • To consider the initial employment of a public officer, employee or staff member, but not to fill a vacancy in an elected office, or on public committees, commissions or advisory groups. These sessions are allowed only if the position has been advertised, standardized procedures for hiring have been publicly adopted, and the public has had an opportunity for input on the process. Executive sessions are not allowed to consider general employment policies.
  • To consider dismissal, discipline, complaints or charges against a public official, employee, official, staff or individual agent, unless that person requests a public hearing.
  • To review and evaluate the job performance of a chief executive officer, or other officer or staff member, unless that person requests an open hearing. Such evaluation must be pursuant to standards, criteria and policy directives publicly adopted by the governing body following an opportunity for public comment. The executive session may not be used for the general evaluation of agency goals, objectives, programs or operations, or to issue any directive to personnel on the same.
  • To deliberate with persons designated to conduct labor negotiations. The media may be excluded from these sessions.
  • To conduct labor negotiations if both sides request that negotiations be in executive session. Public notice is not required for such meetings.
  • To consider records that are exempt by law from public disclosure.
  • To consult with counsel concerning litigation filed or likely to be filed against the public body. Members of the media that are a party to that litigation, or represent a media entity that is a party, may be excluded.
  • To consult with persons designated to negotiate real property transactions
  • To discuss matters of trade when the governing body is in competition with other states or nations.
  • To negotiate with a private person or business regarding public investments.
  • To discuss matters of medical competency and other matters pertaining to licensed hospitals.
  • To consider information obtained by a health professional regulatory board as part of an investigation of licensee or applicant conduct.

The School Board cited #1, #8 and #9 for their January 30th Executive Session.

The 5 former School Board Members were the only ones that signed the letter.

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10 comments on this article (post your own)

1 On Feb 23, 04:21 pm, Ann Samuelson wrote:

Tryan,

So here’s proof that recall petitions do not have to state what is true and still be done in the state of Oregon. Agencies such as Government Standards and Practices and others can be used for the sole purpose of harassing elected officials that make a decision somebody doesn’t like. You could literally put on a recall petition that you didn’t like my hair color and circulate it. The truth becomes irrelevant and meaningless. I was not at this meeting due to a family member being in an emergency room in a Portland hospital and I had to be there. Even though I wasn’t present I am presumed guilty by this group, and the local newspaper. According to OSBA no laws were broken at the meeting. I received the letter from the five past board members by certified mail, threatening me with a lawsuit and recall effort if we did not meet their demand to have a meeting by Feb. 15th and recind the motion. Again, just another bullying tactic, I’m pretty much used to it at this point since the money laundering accusation, made front page. Mr. Taylor refused my certified letter demanding a retraction. I wish we could get half this much enthusiasm for a girls state playoff game in Jewell.

2 On Feb 26, 08:32 am, Patrick McGee wrote:

“According to OSBA no laws were broken at the meeting.”

Do you have a statement of clarification from that, OSBA, office supporting your opinion Ann or is that just your interpretation?

Can you post their position for us?

3 On Feb 27, 07:05 am, Ann Samuelson wrote:

Mr. McGee,

I would refer you to www.osba.org
It is a very clear and comprehensive web site.

4 On Feb 27, 07:32 am, Patrick McGee wrote:

So, Ann there is no specific legal reference clarifying your position by State Counsel or counsel representing you, is that correct?

5 On Feb 27, 09:48 am, Ann Samuelson wrote:

Mr. Mcgee,

I’m not on trial here, the Oregon Statutes regarding public meeting/executive session laws are clearly defined on this website. OSBA Is the Oregon School Board Association, most schools use them as a resource for training, policy making, legislative work/updates, and reference. I would never refer to OSBA as my legal counsel, although they have attorney’s on staff, we contract with our own attorney’s. We always consult with legal counsel when there is a question brought up that warrants legal input. The board recinded their original motion regarding the extension of the superintendent contract made on January 30, and encouraged discussion, although that was not required by law. The motion could have died for lack of a second regarding the hiring of the superintendent, but in the interest of open discussion the board encouraged people to say what they felt they needed to say. I could not legally participate in the recinding of the motion because again I was not there when the original motion was made, and I stated that for the record, so the public would understand why I did not participate in that issue before the board. I did participate in the discussion and seconded the motion to extend the superintendents contract. The school districts legal counsel was present at the meeting to answer any questions.

6 On Feb 27, 11:27 am, Patrick McGee wrote:

What are the specific allegations against you and Mr. Meier that precipitated this recall?

7 On Feb 27, 12:19 pm, Ann Samuelson wrote:

I have the lengthy letter at home, but I’ll review it yet again and post it if you like, but give me a day or so, busy with other things right now. Again, the allegations were made for a meeting I did not attend. In Oregon unlike the state of Washington you can literally make up anything to attempt to recall someone in an elected position.

8 On Mar 4, 03:24 pm, Ulrich Schockelt wrote:

So Ann still doesn’t get it. I’m sure that the unexpected presence of the district’s attorney at the last board meeting had nothing to do with the illegal actions of the board at the meeting in January. She may not have been physically present, but she fell all over herself approving the illegal vote. After all, she’s “all about Jerry.” (Astorian)

So now anyone who disagrees with her is a bully… a favorite tactic of hers; deflecting criticizm by calling her critics names. Talk about bullying!

Patrick, you can find out the specifics of the recall effort by contacting the Clatsop County Elections Division, checking the Astorian archives, or calling me in person.

9 On Mar 5, 02:17 am, T wrote:

Obviously you are not a fan of Jerry….why is that?

10 On Mar 6, 02:17 pm, Ann Samuelson wrote:

Mr. Schockelt,

I don’t have a favorite tactic, and have not approved an “illegal vote”. If that is true I ask that you prove it. Further, you are not just disagreeing with me, rather you are slandering me in my own community, and attempting to recall me for a claim that is not proven or true for that matter. I “may not have been physically present”, let me be clear that I was not present for the last time.

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