[Vision2020] MSD Can Collect Levy Money

[Tom Hansen]

For those of yoiu who do not wish to read the following detailed article 
concerning Judge Bradbury's decision, I have encapsulated everything into 
a 2-minute, 23-second video at:

http://www.youtube.com/watch?v=UeIBz3l1B5U

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>From today's (January 25, 2008) Moscow-Pullman Daily News -

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School district receives $1.97 million increase passed by voters in March, 
doesn't have to pay Weitz's legal fees 

By Hadley Rush, Daily News staff writer

Friday, January 25, 2008 - Page Updated at 12:00:00 AM

Second District Court Judge John Bradbury ruled Thursday that the Moscow 
School District can collect tax money generated from its March 2007 
supplemental levy election.

Bradbury also ruled that the school district doesn't have to pay legal 
fees incurred by Moscow dentist Weitz, who filed a lawsuit against the 
school district in May. Weitz argued that the supplemental levy increase 
amount was invalid because the total amount certified wasn't included on 
the ballots.

Bradbury previously ruled in favor of the district in four of five 
allegations made in the lawsuit, but said the way the election ballot was 
framed did not meet the legal standard, and needed to be reworded so the 
levy amount was specifically requested so "voters will know what the 
consequence of their vote is."

Bradbury deferred his written ruling at an October hearing and gave the 
district six weeks to correct the language on its 2007 supplemental levy 
ballot - to include both the increase ($1.97 million) and the total amount 
($7.6 million) certified - and re-run the election.

The Moscow School Board reran the election Nov. 13, and 57.7 percent of 
voters supported the increase. 

Meanwhile, the Idaho State Tax Commission billed MSD patrons for the $1.97 
million increase to the district's indefinite supplemental levy that 
passed in March, but it was unclear until Thursday when - or if - the 
district would see any of the money after Bradbury declared the March 
election "null and void" in his initial written judgement, filed in 
November.

The taxes collected for the school district's March levy election were 
withheld from the district by the Latah County Treasurer's Office subject 
to Bradbury's final ruling.

"This is a case of first impression," Bradbury wrote. "The statutory 
scheme is complex. The school district did what it thought was right. Dr. 
Weitz provided a valuable service of clarifying a statute much in need of 
clarity.

"Given the novelty of the issues and the mixed result for both parties, I 
conclude neither party prevailed."

Moscow School District Superintendent Candis Donicht said the district is 
happy with the judge's final decision.

"Of course the district is pleased with the ruling," Donicht said. "I 
admit I had to read the document several times to fully comprehend the 
issues that the judge went over in his discussion."

Donicht said it's important to remember that this was a complex legal case 
because there are few legal guidelines regarding what to do in an 
indefinite supplemental levy lawsuit.

"We didn't have good language to identify how one goes about doing an 
increase to an indefinite supplemental levy," she said.

Donicht said it's unfortunate the Moscow School District had to be 
involved in one of the first lawsuits regarding indefinite supplemental 
levies, but that it was a problem waiting to occur.

"It was bound to happen somewhere, sometime, and it happened here," 
Donicht said. 

Neither Weitz or his attorney, Brian Thie, returned calls seeking comment 
before press time.

Latah County Treasurer Connie Jain Ferguson said the district received a 
check for its tax money this morning.

"They got their taxes today, because by law Jan. 25 is the apportionment 
date," she said. "We had collected the money ... we were just waiting for 
the judge to rule. This is such an unusual case."

Ferguson said her department feels relieved after being at a legal 
standstill for so long.

"It's a very nice thing to have taken care of. We're grateful," she 
said. "We hope it turned out well for people. We just needed to know what 
the law was going to tell us to do. The school now has that money to keep 
their operations flowing."

Donicht said it's important to note that there were no winners or losers 
in the suit.

"No one prevailed. We got (what) we need to provide the services we need," 
she said. "This case has been so complicated that I didn't know what to 
expect.

"The judge has been sensitive to the fact that this issue has divided a 
community, and (he) stated a number of times in this case that both sides 
were well-meaning and good supporters of public education."

Donicht said she still believes the lawsuit was a necessity to reach a 
resolution, and the district hopes it can maintain a congenial 
relationship with Weitz.

"We needed a court ruling in order to validate what we believed (to be) 
right was right, and as it turned out we needed correct ballot language to 
properly do so," she said.

Donicht said Bradbury ruled with compassion and looked beyond 
technicalities. 

"The judge has clearly looked at both sides of this issue," she 
said. "It's always unfortunate when we have to get answers through a 
lawsuit. Now it's over and we can move forward."

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Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho


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