Troy School Board member disputes district actions
A Troy School Board member has accused its board and superintendent of violating a list of school policies and state laws in an array of alleged actions ranging from not following the proper bidding procedure to not gaining board approval in purchasing a new driver’s education vehicle.
Heather McDougall, who joined the board in May, recently sent county superintendent Ronald Higgins and superintendent of Troy schools Brady Selle a nine-page Notice of Appeal outlining the alleged violations and requesting Higgins to hold a hearing over the matter.
Selle, who received the legal document last Tuesday, was advised by the district’s counsel not to discuss the case while it’s in litigation. He did say, however, that he believes he had the authority to make decisions that McDougall is contesting.
“I really feel I’ve been given the authority by the board to do these things,” Selle said. “They’ve all been done with the best interest of the school district in mind.”
The Administrative Rules of Montana that govern school controversies allow the respondent – in this case, Troy School District No. 1 – 10 days to respond to the allegations.
Next, Higgins must look into the matter further. If the parties don’t settle, he will hold a formal prehearing and then a hearing that would be consistent with a trial.
“There are lawyers. They call witnesses. I have to hire a court stenographer to take down everything that happens,” Higgins said. “Then I make a decision after the hearing.”
Higgins said he wasn’t familiar enough with McDougall’s allegations to comment.
“I just got it (Notice of Appeal) a couple days ago and I haven’t had time to look at it. I don’t have much that can I say about it at this time,” Higgins said Friday.
Higgins was out-of-town and unavailable for an interview Monday.
The bulk of McDougall’s allegations stem from how the district handled the bidding process when it spent a $180,000 energy grant to replace windows in the elementary and high school. With the district rushed to get windows in before school began, Selle took over bidding for the supplies and the installation.
McDougall claims that the board did not give him authorization to award bids and that he did not publish a request for bids, a state requirement.
“I just really thought it should have been put out to bid,” McDougall said. “I believe their (the board and superintendent’s) interpretation of the policy was wrong so I just want a determination.”
When asked about the remaining allegations, McDougall replied, “I thought since I was going to put in this Notice of Appeal I would ask about the other things that happened, just to find out if it was legal what they did. If it is – fine. If it’s not – then I don’t want them to do it again.”
McDougall, a Troy attorney, pointed out that because of alleged violations of state law, she could have taken the case further.
“I could have taken it to district court,” McDougall said, “but I’m not looking for any money or anything like that. I just want it (board procedures) to change from this point forward.”
The “school controversy” sub-chapter of the Administrative Rules of Montana is written in language that suggests that the appeal process is generally reserved for students and their parents.
In Higgins’ 10 years as county superintendent, he has never had a school board member appeal the decisions of its own board and superintendent.
“I’ve dealt with student issues a couple of different times,” Higgins said. “… I’ve never been involved in something like this.”
McDougall and the school board have butted heads since she became a board member in May. Dissatisfied with the 2009-10 preliminary class schedule, the week after McDougall became a board member she distributed the draft to students and parents with a letter voicing her concerns along with names and phone numbers of all of the board members and Selle. A Montana School Board Association attorney gave new members McDougall and Connie Hand a training session the following board meeting. McDougall claims that the district violated school policy by not having the board approve the attorney’s services.
Under Review
Troy School Board member McDougall accuses the school district of the following:
• Purchasing a driver’s education car without obtaining formal approval from the board.
• Purchasing a training session for new board members by a Montana School Board Association attorney without formal board approval.
• Purchasing windows without publishing a request for bids in the newspaper, a state requirement, and without obtaining formal board approval.
• Approving the window installer without obtaining formal board approval
• Dividing the window supplier and window installer contracts to allow for them to remain under the bidding policy requirement.
• Contracting with an unlicensed contractor. High school principal Jeff Ralston and a few locals helped install windows at the high school when it became clear that hired window installer may not finish in time for school to start.
• Discussing school policies outside of the board’s public meetings.