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McDougall appeal denied by state

by Canda HarbaughWestern News
| March 30, 2010 12:00 AM

The Montana Superintendent of Public Instruction dismissed a Troy School Board trustee’s case against the school district, upholding the Lincoln County Superintendent of School’s October decision.

The state’s four-page decision affirmed that the county superintendent could not hear trustee Heather McDougall’s appeal because she didn’t file it within the required timeframe.

McDougall had rebutted that the 30-day timeframe to file an appeal had not begun because no board decision had been made concerning the items she was appealing. Under that argument, the state said, the actions she was appealing were not board decisions, but alleged actions of Troy Superintendent Brady Selle.

The appeal system is solely to petition board decisions, the state said.

“If the issue is with the superintendent’s actions, it is within the board’s authority and duty to oversee his employment,” the decision read. “The county superintendent does not have jurisdiction over his alleged conduct.”

McDougall filed an appeal with the county superintendent last September alleging that Selle violated state law and district policies in the bidding process of a $180,000 energy grant to replace windows in the schools. She also accused him of purchasing a driver’s education car and a school board trustee training session without prior board approval.

McDougall also appealed board chairperson Sylvia Maffit allegedly promoting trustees to speak to each other about school business outside of public meetings.

McDougall said she would not appeal the state’s decision. 

“I don’t have a comment on it,” she said, “except that I’m glad it’s over.”

McDougall was elected to the board last May.

The school district spent $2,775 in attorney fees defending itself in the case.

“It’s nice to know that the county superintendent was correct in this ruling,” Selle said. “It really is an issue for the Troy School District to work out.”