Breckenridge Attorney Tracey Lindberg said Friday, Sept. 14 she believes the statements and allegations brought by Interim Superintendent Greg East against the school board at the Sept. 10 board meeting confirm much of what she confronted the board about earlier this year. Lindberg confronted the board at an open meeting about what she believed may be possible violations of the Minnesota Open Meeting Law as well as various violations of the board's own policies and code of ethics.
“I really admire Mr. East for what he did,” Lindberg said.
 Front from left: Mallory Schweiger, Janessa Evans, Queen Alisha Nord, King Jake Allen, Stacie Steinborn, Lacy Wulfekuhle; back from left, Peter Nelson, Skyler Holzbauer, Casey Lipp, Joel Bogenreif. The Breckenridge Cowboys play their homecoming football game Friday night at home. They play Pelican Rapids, Minn. Boy Scouts will also be collecting food at the game. Daily News photo by Tara Klostreich. Advertisement |
Minnesota State Statute states, in 13D.01, meetings must be open to the public, including executive sessions. The statute, publicized by the Minnesota Office of the Revisor of Statutes, 2006, said the meetings must be open to the public and pertains to, among many others, any “committee” or “subcommittee.”
The Breckenridge School Board’s own policy says, in its general statement of policy, that “all meetings of the school board, including executive sessions, shall be open to the public,” Lindberg said.
“Meetings” is further defined by the school board’s policy, which reads, “Meetings means a gathering of at least a quorum or more members of the school board or quorum of a committee or subcommittee of school board members at which members discuss, decide, or receive information as a group on issues relating to the official business of the school board. The term does not include a chance or social gathering.”
Lindberg said there is a lot of information available to the public that supports what East said. She referenced some e-mail exchanges that are public record.
In an e-mail exchange between board members Kathy Radig and Board Chair Bruce Fronning on Feb. 8, 2007, with a subject line reading “curriculum committee,” they discuss various items of curriculum as well as an idea to develop a public survey.
Radig and Fronning both serve on the three member Policy/Curriculum committee. “That’s a quorum,” Lindberg said.
In an e-mail that circulated among board members David Sayler, Deb Hoff, Bruce Fronning, Amber Nord and Vice Chair Tom Rittenhouse, dated June 8, 2007, Hoff asked the question, “What would you all think if John Flenner would take the A.D. position?” Sayler replies to Hoff, “I would rather have a high school staff member be activities director, because they would be affiliated with the school and scheduling issues could be addressed easier from someone that works at the high school.”
“That’s a quorum of a subcommittee,” Lindberg said. Fronning and Hoff constituted a quorum because they both serve on the Negotiations Committee. Fronning and Sayler constituted another quorum because they both serve on the Technology Committee. Another quorum was established between Sayler and Hoff who both serve on the Special Education committee.
In an e-mail from Sayler to Fronning dated May 10, 2007, Sayler shares his thoughts about the activities director position with Fronning. The e-mail, which was more than a page long read in part, “I really think the school board should be aware of who has applied for this position. The activities director/youth director position could be handled at the school district level, due to how these activities are handled.”
Sayler and Fronning constitute the Technology Committee in its entirety.
Lindberg said those discussions are supposed to happen in a meeting open to the public, not privately. She said the nature of the discussion conflicts with the school’s code of ethics.
East read aloud selections from the school’s code of ethics at the Sept. 10 school board meeting, which stated each board member shall, “Recognize that it is my responsibility, together with other school board members, to see that the schools are properly run, not run them myself. Work through the administration employees of the school board, not over or around them. Recognize that school business may be legally transacted only in an open meeting of the school board.”
In an e-mail from Sayler dated May 23, 2007, to then Superintendent David Pace, Sayler discussed a meeting Lindberg said would not be consistent with the rules of the open meeting law, because they clearly held a meeting after the meeting. It read in part, “Anyway, after the meeting was adjourned, Tom discussed this issue with the board members. I thought the consensus of the board was that we want you to take your vacation, but we also want a smooth transition.”
In an e-mail dated May 3, 2007, from Sayler to Fronning, who constitute the Technology Committee, the subject line reads “Number of Questions and Some Updated Information.” The two board members discussed many issues including the excess referendum, hiring an interim superintendent, surveys, curriculum and contact with the The Daily News. In the e-mail, Sayler said to Fronning, “I was also asked to request that Mr. Baartman be required to teach in his Master’s Degree program, which is special education. It was felt that we do not need another Physical Education teacher and if they need to hire a part-time math teacher to help Mr. Trydahl’s retirement, so be it.”
Sayler does not state “who” asked him to take that action.
Lindberg cited the code of ethics that reads school board members shall, “Work through the administration employees of the school board, not over or around them. Recognize that school business may be legally transacted only in open meeting of the school board.”
Another e-mail dated Jan. 8, 2007, was from Rittenhouse to Sayler, which said, “We usually go out for dinner as a board Wednesday evenings and I thought if we could get everyone to meet, we could all leave together. It’s usually just the board and we can all get to know one another better and plan for our future plans and the district.”
In an e-mail dated Nov. 8, 2006, from Sayler to Rittenhouse, both Transportation/Facilities committee members, the two discuss referendum issues and dollar amounts. Sayler said, “I just got off the telephone with Bruce Fronning and we also discussed the referendum.”
Sayler and Rittenhouse constitute the Minnesota State High School League committee in its entirety.
While reading directly from the code of ethics at the Sept. 10 meeting East told the board that they shall, “'Make no discouraging remarks in or out of school board meetings about other members of the school board or their opinions.' That’s the code of ethics. Each and every one of you when you sign your oath of office you agree to this.”
In an e-mail dated Thursday, April 26, 2007, Nord sent to Sayler, Board Clerk Marlys Haiby, Radig and Fronning, it reads in part, “…I did not send this to Deb or Tom I feel as many do Deb has quit and I do not TRUST Tom-I can live with not having a full majority vote its not going to happen anyway-and I will be damned if I will throw it all away for someone who doesn’t care and someone who hasn’t got a [whited out word(s)] clue!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"
Lindberg pointed out another e-mail that gave rise to her concerns. In an e-mail dated March 21, 2007, from Sayler to Fronning, he says, “This is my response to {redacted/whited out} comments. Please don’t share them with other board members. I thought you should be aware of my thoughts.”
Lindberg said that is an “ethical violation.” She said,” They’re forming little alliances.”
Lindberg said another e-mail that concerns her was sent from Sayler to Rittenhouse on June 21, 2007. It said in part, “I would also like you to know that all of my e-mails from Nov. 1, 2006, to the current date relating to school board business have been requested by Tracey Lindberg via the County Attorney. They will be reviewed and any non-public data will be redacted, similar to the school surveys. This is just a head’s up and she may request the e-mails of all board members on your work and home computers.”
“He’s giving them a heads up,” Lindberg said.
Lindberg made her request for all the e-mails of Sayler’s Wilkin County e-mail account on June 20, 2007.
In a billing statement to the school district from Ratwik, Roszak, & Maloney, P.A., it is invoiced on July 19, 2007, a call was made to a board member by an attorney of the firm to discuss the disappearance of a lap-top computer. On July 25, 2007, the firm invoiced that it had received and redacted additional e-mails from Nord. The attorney also phoned Nord on that day with questions about her lap-top’s disappearance. On July 30, 2007, the law firm again invoiced the school district for a telephone conversation regarding Nord’s lap-top disappearing.
In a letter dated Aug. 2, 2007, from the school district's law firm, Lindberg was notified that Nord’s lap-top had been found. Lindberg said she was told the computer was found “behind some cushions in (Nord's) camper.”
Lindberg said she is concerned about the amount of money being spent on legal issues created by the board’s actions. She said she went through the invoices of approved bills and did some math. “According to my calculations our school district has spent $4,259 in the month of June alone on these legal fees,” she said. “This is what our school board has had to spend out-of-pocket for the month of June to deal with surveys, open meeting law issues, data privacy act issues. We have a school district that is suffering financially." Lindberg said when the bills are approved at the school board meetings there is “very little discussion” about the nature of the bills.
“I’m concerned whether the public will be able to separate these issues of the board from the referendum,” Lindberg said. “With the timing of this I would hope the board members can do the right thing. There’s no question that changes need to be made."
Attempts to contact all board members were made. Rittenhouse responded. He said East was voted as the designated spokesman for the board and he must honor that vote. He said East has his complete confidence and support.
Greg East, spokesman for the board, said he hopes to see things get back on track. "Things are fixable if all parties are willing to follow proper procedures," he said.
East said one possibility is an outside agency could be brought in to assist. The Minnesota School Board Association or the Minnesota Association of School Administrators may be viable tool, he said.
With a public vote on a levy referendum ahead, East said he sees that as an entirely separate issue. "We have to insure the future," he said. "People come and go. Once a school is lost it doesn't come back."
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