[Vision2020] yes, Weitz is suing Moscow School District

[Andreas Schou]

Great. Yet another crank suing the state with minimal standing in order to
cripple public education.

Of course, if public education had any sort of sane funding structure, this
wouldn't be a problem ... but that's an issue for another day.

-- ACS

On 5/4/07, Bill London <london at moscow.com> wrote:
>
>  *NEWS UPDATE:* Lawsuit challenges Moscow School District's supplemental
> levy
>
> Moscow dentist files suit alleging school district violated Idaho law
>
> By Kate Baldwin, Daily News staff writer
>
> Friday, May 4, 2007 - Page Updated at 09:03:13 AM
>
> A former Moscow School Board member filed a lawsuit against the Moscow
> School District on Thursday alleging that its recently approved $1.97
> million supplemental levy increase is invalid.
>
> The lawsuit also challenges the legality of the indefinite term levy that
> was set in 1992 and all of its subsequent increases.
>
> Dr. Gerald Weitz, a Viola resident and a Moscow dentist, filed the lawsuit
> in Latah County District Court.
>
> According to court records, Weitz is seeking a permanent injunction
> prohibiting the collection of any taxes based upon what he alleges to be the
> unlawful and invalid 1992 election and each increase since.
>
> The supplemental maintenance and operations levy provides funding for the
> district above and beyond what is allotted through state funding. This
> allows the district to maintain smaller class sizes, attract and retain more
> qualified teachers, and diversify its curricular and extracurricular
> programming.
>
> The indefinite supplemental levy was established in 1992 at $3.79 million,
> with 64.4 percent voter approval. An election must take place for voters
> to approve any subsequent increases.
>
> In 1995, the district held an election seeking a $750,000 increase. It
> passed with 54.5 percent voter approval. The district tried for a $1.96
> million increase in 2001, but the levy failed. The district lowered the
> requested increase to $1.1 million in 2002, and voters passed the increase
> with 63 percent approval.
>
> The last increase came in March, when voters approved a $1.97 million
> increase with 56.7 percent of voter approval. The total levy now stands at
> $7.6 million annually.
>
> Weitz's lawsuit makes five claims. It alleges that:
>
> The 2007 supplemental levy increase election is invalid for failing to
> comply with statutory requirements because it asks the voters if they
> approve an increase of $1.97 million but it doesn't state in the ballot
> question that the total amount certified will be $7.6 million;
>
> Each previous supplemental levy increase election also is invalid because
> there is no law or mechanism explaining how to increase an existing
> indefinite term supplemental levy;
>
> Each previous supplemental levy increase election is invalid because they
> also failed to comply with statutory requirements;
>
> The 1992 election was invalid because it failed to comply with statutory
> requirements; and
>
> Because these actions purportedly violate Idaho law, Weitz is entitled to
> a permanent injunction prohibiting the collections of any taxes based
> thereon.
>
> The lawsuit counters a history that Weitz had built in support of the
> district.
>
> For a number of years, he offered an annual lease of $1 for a building
> that is used by the district's alternative high school, known as Paradise
> Creek Regional High School. Weitz also served on the school board as the
> Zone 1 Trustee from June 1997 until June 2000. During that time, he won a
> re-election and voted on multiple budget measures for the district that were
> based on funds from the levies he's now challenging.
>
> Weitz did not return calls seeking comment. He is being represented by
> Moscow attorney Brian D. Thie, as well as Richard A. Hearn and Scott J.
> Smith of the Pocatello, Idaho, firm Racine, Olson, Nye, Budge, and Bailey.
>
> Board members and administrators of the Moscow School District met Monday
> for an executive session, where they discussed pending litigation with their
> attorney, Amy White of Boise-based Anderson, Julian and Hull, LLP.
>
> Superintendent Candis Donicht reviewed a copy of the lawsuit Thursday
> afternoon. She said the district runs its ballot resolutions and the
> language through its attorney as part of its election procedures.
>
> "We did have legal review this time as well," she said. "We have been
> consistent in how we presented our increases, never with any intent of being
> deceptive."
>
> Although she wasn't with the district in 2002, Donicht said she knew it
> held "an extensive campaign with comprehensive media coverage."
>
> "For this recent election, the district put forth the same level of energy
> to get accurate and correct information to the voters," she said. "I believe
> they knew what they were voting for, and the records show the majority
> supported both efforts as well as the one back in 1995."
>
> The levy represents $7.6 million of the district's $19 million budget
> planned for the coming year. The potential loss of revenue could have a
> serious impact on the number of employees the district can afford.
>
> While the board approved contracts for its renewable-contract teachers in
> April, those who fall into the nonrenewable contract category are at risk.
> These categories include teachers who have been with the district from one
> to three years.
>
> Donicht said these teachers are aware of the situation.
>
> "This news will be devastating to our staff, and we will do all we can to
> determine how many contracts we can maintain," she said. "Our strength as a
> school system is in our people."
>
> Kate Baldwin can be reached at (208) 882-5561, ext. 239, or by e-mail at
> kbaldwin at dnews.com.
>
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