Port Townsend School Board holds off on school closure vote after legal challenge

PORT TOWNSEND — The Port Townsend School District board decided to postpone a vote on closing Mountain View Elementary School, in light of a court hearing earlier Wednesday.

The board was to vote Wednesday night on closing the elementary school at the end of this school year. That vote will now take place on March 23.

The board’s decision followed Superior Court Judge Craddock Verser’s decision earlier in the day to deny a request for an injunction to stop the vote that night.

Verser said the plaintiffs — Andrew Sheldon, Nora Schauer, Meredith Dances and 100 John and Jane Does — had other remedies available.

“I’m not going to issue an injunction because I think you have a remedies at law to follow up,” Verser said to Sheldon, the lone plaintiff in attendance at the hearing.

“You have put [the school board] on notice tonight, and if you feel they have violated the law by taking a vote then you can go after them.”

Verser said if the law was violated, the School Board and its individual members could be held financially liable.

Dates of vote

Earlier this month, the school board announced it intended to vote on the closure on Feb. 25.

Originally the board planned to vote on March 9 — a full 90 days after it announced the process on Dec. 9.

School Board Chairwoman Beth Young said the move was made in order to make sure at least four of the five board members were present.

On March 9, when the vote was originally scheduled to be held, only three members planned to attend.

“There is an appearance issue,” Young said. “We tried to have it at a time when more board members would be present and moved it up in order to have a timely vote.

“It was not the intention to stop people from commenting.”

On Wednesday, the board decided to avoid any possible legal battles and postpone the vote until March 23, when at least four board members would be in attendance to vote.

Must wait 90 days

Attorneys Sam Ramirez and Paul Richmond argued in Verser’s court on Wednesday that the district must wait to vote at least 90 days in order to be in compliance with the state’s open public meetings laws.

The plaintiffs “will be hurt by having no open and fair debate,” Ramirez said.

He and Richmond said that the public’s First Amendment rights were being stymied by cutting short the 90-day period in which to make comments to the board before the decision.

“We’re just asking government to follow its own rules,” Richmond said.

“By delaying the vote and pushing it [to March 9], it’s more fair and it protects their rights to be heard by the government.”

The decision about Mountain View has been long discussed at multiple public hearings and has received both support and criticism from the residents of the district.

Cutting costs

Superintendent Tom Opstad said the district must reduce operating costs by more than $500,000 a year to balance the budget.

A consultant informed the School Board that one way to achieve that is to close a school.

If the board votes in favor of the closure, Mountain View Elementary will close for good on the last day of this school year.

After closing the school, the district would restructure grades between the remaining elementary school, Grant Street and Blue Heron Middle School.

Grant Street Elementary would house approximately 440 students in grades kindergarten through fourth, and Blue Heron would accommodate about 420 students in grades fifth through eighth.

The district would install portable buildings at Grant Street to make room for classrooms and a cafeteria.

Twice in 2008, voters did not give the district a supermajority in elections that would have financed bonds to pay for constructing a new school on the Grant Street campus to accommodate all the district’s elementary students.

March 23 will also be the date that the state releases the first draft of monies to be distributed from the federal stimulus package.

Board member Bobby DuBois pointed out that, at that time, the board may have a better picture to look at for its decision.

________

Jefferson County reporter Erik Hidle can be reached at 360-385-2335 or at erik.hidle@peninsuladailynews.com

More in News

Sula Adams, 4, hands Santa a candy cane during Santa’s visit to Port Townsend. Santa made an early visit on Saturday to hear children’s Christmas wishes and to light the community tree at Haller Fountain. Sitting next to Santa is Sula’s grandma Christi and her mom Corrine is on the right. (Steve Mullensky/for Peninsula Daily News)
Christmas wishes

Sula Adams, 4, hands Santa a candy cane during Santa’s visit to… Continue reading

‘Perfect storm’ affecting housing

Energy codes, wages driving up costs

Ben Veghte, director of the Washington Cares Fund at the state Department of Social and Health Services.
WA Cares can provide long-term insurance benefits, director says

Program funded by payroll tax can be used for up to $36,500

Wreaths Across America set for Saturday

The Michael Trebert chapter of the Daughters of the… Continue reading

“Fractal Phase,” dancing with various lights, highlighted the Wintertide Festival of Lights on Saturday at the Port Angeles Fine Arts Center. A large gathering of people cool temperatures to see lights, entertainment, consume food and get a chance to buy Christmas gifts. (Dave Logan/for Peninsula Daily News)
Festival of Lights

“Fractal Phase,” dancing with various lights, highlighted the Wintertide Festival of Lights… Continue reading

McKinley reimbursed for energy efficiencies

Updates happened before mill’s closure

Derek Kilmer.
Kilmer’s final speech in Congress includes Port Angeles, Olympic Peninsula

Congressman continues practice of writing letter to his children

Peninsula College tuition to rise 3.3 percent

Increase to add about $54 per quarter, institution says

WSDOT still cleaning up after bomb cyclone

Transportation budget faces uncertainty in coming state session

Four people injured in crash at R Corner

A Port Angeles woman was flown to a Seattle… Continue reading

Woman airlifted to hospital after collision on Highway 101

A Quilcene woman was airlifted to a Seattle hospital after… Continue reading

Santa, played by Alexis Smith, a Lake Crescent Lodge employee, wonders why Zoey Doud, 3, of Port Angeles thinks the big present under the tree is for her. Santa turned on the outdoor lights at the lodge on Saturday then sat down by the fireplace to visit with the many children who came to the festivities. Entertainment was provided by the holiday songs of the Grand Olympic Chorus. (Dave Logan/for Peninsula Daily News)
Lighting up the Lodge

Santa, played by Alexis Smith, a Lake Crescent Lodge employee, wonders why… Continue reading