Under a cloud of uncertainty regarding the validity of a term limits proposition approved by voters earlier this month, the school board Monday night chose to seat two members duly elected by their constituents, but possibly ineligible to serve another term.
Acting on the recommendation of Kenai Peninsula Borough attorneys, members of the Kenai Peninsula Borough School District Board of Directors voted six-to-one to seat Sunni Hilts and Sammy Crawford. Hilts and Crawford abstained from voting.
Because of the controversy, the school board conducted a special work session Monday afternoon to discuss recommendations of borough attorney Colette Thompson and deputy borough attorney Holly Montague, who stated the electorate has no authority to change state law governing school board terms authority that rests with the state Legislature.
In a memo to the board, the attorneys said, "The Alaska Constitution requires the state to maintain a school system, which has vested the legislature with pervasive control over public education. As a result, a municipality is precluded from exercising power over education unless, and to the extent, delegated by the legislature. A municipality cannot enact an ordinance that conflicts with a state education statute."
School board President Debra Mullins said, "... the term limit provision should not be recognized ..."
Referring to the attorneys' memo, board member Bill Hatch said, "The memo says Alaska statute does not prohibit members from succeeding themselves."
Board member Marty Anderson said, "For many years, the school board has looked to the borough attorney for legal opinions. We need to ... be consistent and follow the recommendations."
Board members Liz Downing and Sammy Crawford agreed with Anderson, and Hatch asked, "Can we go to a higher legal authority?"
"Yes, you can seek a decision from the court," said Thompson. "If you seat (Hilts and Crawford), a third party could file suit. If you decline to seat them ... the voters or school board members could file suit."
Thompson said, because the facts of the case are clear, she believes a judge could resolve the issue without the need for a trial.
Board member Debbie Brown said, "I am not able to support the recommendation to seat the two members. It seems to me the statutes are silent on this."
"The issue isn't just term limits," said Hatch. "We have two conflicting votes of the people."
"I have a hard time saying (term limits) is the will of the people," said Anderson. "The voters in (Hilts') district wanted her by a 95 percent margin."
Thompson said the vote favoring term limits "imposes an unauthorized restriction on the qualifications to be a school board member."
When asked why the proposition was allowed on the ballot at all, Thompson said the borough attorney is instructed to give a "light review" of ballot initiatives.
"If it is clearly unconstitutional, then we act to stop it," Thompson said.
In a 2 1/2-page letter to the board, primary sponsor of the proposition Ruby Denison said she recommends the school board declare Crawford's and Hilts' seats vacant.
According to Denison, nothing in state law disqualifies a borough from establishing term limits.
Denison attended the afternoon work session on term limits, but left prior to other scheduled work sessions involving education. Later, she attended the evening school board meeting and left after Crawford and Hilts were seated.
The evening meeting opened with the administering of the oath of office to Crawford, Hilts and Lynn Hohl. Hohl was also re-elected, but this is only her second term. The proposition approved by the voters allows members to serve no more than two consecutive terms.
Brown asked for a recess to discuss when she would have an opportunity to voice her opposition to seating the members.
Board member Dr. Nels Anderson asked for a roll-call vote, which followed after some discussion.
Phil Hermanek can be reached at phillip.hermanek@peninsulaclarion.com.
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