The state auditor's office was contacted by Wilkin County-Breckenridge City Attorney, Tim Fox, after he received complaints from citizens.
Fox was not present at the meeting but notified East of the development.
 From left, Alyssa Allen, Beth Auwarter and Laurie Allen play the high bells for the Breckenridge Lutheran Church’s bell choir performance Sunday at Wilkin County Court House. This performance in the rotunda finished the Breckenridge Sesquicentennial celebration and began the Minnesota Sesquicentennial celebration. Daily News photo by Anna Jauhola. Advertisement |
Kusler said the total legal bills for the district since Jan. 1, 2007 are $54,221.33.
The board also talked about, but did not discuss as length, Interim Superintendent Greg East’s contract. The board evaluated East Monday during a closed meeting. They released a positive evaluation during Tuesday’s open meeting.
No motion was made to set up another evaluation, but if another were to be done it must be done by March 2008, East said.
"He (Fox) made me aware that he has received public complaints," said East. "He made a referral to the state auditor's office on the amount of legal expenses being paid by the board."
East said the audit would involve all legal expenses during the 2007-08 school year. The issue of legal expenses has been an ongoing area of concern for the district and citizens. At the November meeting of the school board, $868.50 was held back from payment because some of the board members questioned what it was for.
East asked Board Chair Bruce Fronning if the board received information since the last meeting explaining the bill. His response was neither he, nor Kusler, had received any information about the bill and did not want to be held accountable later for authorization of payment. Fronning said the board accepted full responsibility for the payment. But when payment of the bill came to a vote, Deb Hoff said she was not comfortable. "The board chair needs to be working with the superintendent on these issues," she said.
The vote was 4-2 in favor of paying the $868.50 bill with Hoff and Tom Rittenhouse opposed.
Debate flared when a previously approved motion was brought up to rescind a prior board action preventing unfettered access to legal counsel without it being known by any other party. It had been carried unanimously when voted upon at the Oct. 9 meeting of the school board.
One of the reasons the motion was back on the agenda to be rescinded was because it does not allow school administration to address specific issues with legal counsel without members of the school board knowing about it, Fronning said. Since the motion was made there have been several legal interpretations of it.
"It would be in the best interest of the school district to rescind that motion," he said.
East addressed the original drafting of the motion. "Our legal counsel was present at that meeting when that motion was drafted by the board," he said. He said the school's own lawyer was sitting there as the motion was developed and passed. The district's legal counsel was sitting right there when the motion was constructed, and for $195 per/hour, she should have said something at the time.
"I have a question. Have you received advice from the attorney that this should be rescinded, or, is this strictly the board?" East asked the entire board. No board member had an answer.
"Uhhhh, interesting answer," East said. "I want the people to understand how this is flowing."
Sayler said he would like to amend the motion rather than rescind it. He said he would like to see an arrangement where the board chair and vice chair would meet and discuss the matter before contact is made to the attorney. The rest of the board and administration would be informed appropriately thereafter. East agreed this was a good solution.
A motion was made on Sayler's motion and the board voted unanimously to approve it.
Marlys Haiby, board member, suggested the school board begin looking into hiring a new law firm.
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