The Columbia Borough School Board had expected to fill a vacancy at a special meeting Wednesday night but ended up tabling the move due to legal action taken by a resident.
During the citizen comments section of the meeting, resident Frank Doutrich announced that he had filed a petition at the Lancaster County Courthouse to claim the seat vacated by Leo Lutz Jr. on December 9, 2016. According to court documents, Doutrich's petition was filed with the Lancaster County Court of Common Pleas on January 9 of this year due to the vacancy not being filled within 30 days.
"The school board did not fill this within 30 days," Doutrich told the board. "According to the letter of the law, that was my next step, and I did everything right according to the letter of the law." Doutrich added that he paid a $164.25 filing fee.
Doutrich also said that the school board's attorney had interceded on the matter with a judge at the courthouse. "If you check with your attorney, he's going back and forth with the judge. I know that for a fact," Doutrich said. "Somebody else here knows what was going on."
(NOTE: Columbia Spy has learned that Michael Grab, attorney for the school board, has asked Judge Dennis Reinaker of the Lancaster County Court of Common Pleas to dismiss the petition, claiming that it is "unverified," further naming it a "purported petition." Grab claims he has not seen the petition. Grab also states that the 11 signers of the petition are taxpayers but believes it is not valid, based on various statutes. He claims that the board may appoint a new board member after the 30-day deadline.)
Doutrich told the board that the matter is no longer under its jurisdiction, because it is under review by the judge. He said that on the advice of his attorney, he was there to explain why he would not be participating in the interview process. "This is in the hands of the court," he said. "This is out of the hands of the school board."
Doutrich said he had originally submitted a letter of interest on January 3 regarding the vacant seat - within the 30 days. He asked why nothing was discussed regarding the position at the January 5, 2017 Committee of the Whole meeting. Board President Keith Combs replied that he was not at that meeting. Doutrich then asked why the position had not been filled within the 30-day period. Combs said interviews were scheduled once the board had applicants, after the January 5 meeting. At that meeting, the board made no announcement about the vacancy or that interviews would be scheduled after the 30-day deadline. Doutrich said that after the meeting, he had asked three school board members if there were any candidates for the position and was told that no one had been so informed.
At the conclusion of Doutrich's comments, Combs decided the board should proceed with interviewing the only other candidate present, Jenna Irene Geesey. Afterwards, Combs said that even though Doutrich did not participate in the interview process, he was still a viable candidate "for voting purposes tonight."
Board Director Kathleen Hohenadel advised the board that they would be better off tabling the matter until the judge renders his decision, because the petition is still in process. Hohenadel then made a motion to that effect which was seconded by Vickie Anspach, but before a vote could be taken, Director of Operations Tom Strickler interjected: "Your solicitor has told you to proceed tonight. At the direction of the president, the solicitor did get back to Keith and told him to proceed with the interviews tonight, so that's your decision." A roll call vote was then taken, and the motion to table passed unanimously.
This issue was further discussed at Thursday night's regular board meeting.
MORE TO FOLLOW.
