BROKEN BOW–The School Board Recall Election process seems far from over. On Tuesday, September 19, Board President Carl French informed KCNI/KBBN that he had not heard back from his private legal counsel regarding the release of the letter that was discussed on Monday night during closed session.
However, French did give an overview of what the letter said: He reported that Nebraska State Statute 32-1309 prohibits filing of a recall petition within six months prior to the incumbent’s filing date for the held position.
Click here to view the state statute on the Nebraska Legislature website.
In Carl French’s case, the incumbent filing date is February 15, 2018 (the date by which he must file in order for re-election). The recall petitions and collected signatures were submitted to the county on August 18. (Click here to read the August 19 story.)
Signatures were verified by County Clerk Constance Gracey by the end of August and notifications were sent out to J.B. Atkins and Carl French. (Click here to read the August 31 story.) It was then in the hands of the school board to set a recall date.
During the Broken Bow School Board meeting on September 18, the board voted to set J.B. Atkins’ recall election date for November 14. However, a motion to also set Carl French’s date failed three to three. (Click here to read the September 18 story.)
It has been reported that during the closed session, the board discussed the letter from French’s legal counsel which includes information of a possible statute violation. It was because of this issue that three of the board members voted against setting a date for French.
KCNI/KBBN spoke with Drew Schendt on Wednesday, September 20. Schendt filed the affidavit beginning this process on June 26. Schendt expressed concern that the school board disregarded the law and proper procedure by not setting a recall date.
When asked about the statute violation of filing within the prohibited six months (as mentioned above), Schendt believes that all of the issues are not simply “black and white,” there are other factors to be considered, and that the board neglected their duty of setting a date after the signatures were verified.
“No matter what strategy they [Atkins and French] choose moving forward, we are prepared to continue fighting this,” Schendt said.
Moving forward, Schendt reported that those in favor of the recall election are prepared to file with the District Court to set a recall date.
