THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks
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The Kentucky Department of Education (KDE) is no longer talking publicly about the vacant seat on the Covington School Board. Two officials within the department declined further comment Thursday telling The River City News that the issue is now being handled by its legal department. What that means is unclear but what is known is that as of Thursday evening Mark Young is still listed as the sole candidate to fulfill the remaining two years of the term vacated by Denise Varney who resigned August 2. Young, after initially being denied the opportunity to run for the seat by the County Clerk's office because no election for the seat was announced, was declared a candidate by Kenton County Clerk Gabrielle Summe after the 4:00PM filing deadline.
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SEE ALSO: The original story here.
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The Westside resident issued a scathing statement regarding his candidacy Thursday. "I was shocked to learn that the Covington School Board attorney, Mary Ann Stewart, of Adams, Stepner, Wolterman, and Dusing and Superintendent Lynda Jackson announced that the unexpired seat would be advertised in the newspaper before receiving official notification that board member Denise Varney's resignation had been formally accepted by Commissioner of Education Terry Holliday," Young wrote. "I am also shocked that the proper steps were not taken to insure that the election to fulfill Mrs. Varney's unexpired term was placed on the ballot in compliance with state statute."
The Westside resident issued a scathing statement regarding his candidacy Thursday. "I was shocked to learn that the Covington School Board attorney, Mary Ann Stewart, of Adams, Stepner, Wolterman, and Dusing and Superintendent Lynda Jackson announced that the unexpired seat would be advertised in the newspaper before receiving official notification that board member Denise Varney's resignation had been formally accepted by Commissioner of Education Terry Holliday," Young wrote. "I am also shocked that the proper steps were not taken to insure that the election to fulfill Mrs. Varney's unexpired term was placed on the ballot in compliance with state statute."
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Stewart, the board's attorney, told The River City News Thursday that the responsibility of notifying the County Clerk of a vacancy on the school board falls on the Kentucky Department of Education. "In this case, Commissioner Holliday's office was notified of Mrs. Varney's resignation. However, the commissioner's office proceeded as if this would be an appointment," Stewart said. "What is not clear is whether the commissioner's office has declared a vacancy and that's the question being posed to the commissioner's office."
Stewart, the board's attorney, told The River City News Thursday that the responsibility of notifying the County Clerk of a vacancy on the school board falls on the Kentucky Department of Education. "In this case, Commissioner Holliday's office was notified of Mrs. Varney's resignation. However, the commissioner's office proceeded as if this would be an appointment," Stewart said. "What is not clear is whether the commissioner's office has declared a vacancy and that's the question being posed to the commissioner's office."
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Young's attorney, Brandon Voelker, previously told The River City News that the moment the school district ran an ad promoting the vacancy that the statute governing elections for vacant school board seats went into effect. By law, the school district must advertise the opening two times in the region's highest circulated newspaper so that interested parties can apply. The first such ad ran in the Cincinnati Enquirer last Friday and has to run again within seven days. However, the same law goes on to say that if more than one year remains in the term of the board member who vacated his or her seat, then an election must be held at the next November election with the winner assuming the seat, even if someone was appointed to it.
Young's attorney, Brandon Voelker, previously told The River City News that the moment the school district ran an ad promoting the vacancy that the statute governing elections for vacant school board seats went into effect. By law, the school district must advertise the opening two times in the region's highest circulated newspaper so that interested parties can apply. The first such ad ran in the Cincinnati Enquirer last Friday and has to run again within seven days. However, the same law goes on to say that if more than one year remains in the term of the board member who vacated his or her seat, then an election must be held at the next November election with the winner assuming the seat, even if someone was appointed to it.
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"In the past, the commissioner will file or send in writing a letter of some sort to the county clerk notifying them that there is a seat up for election and that there is a vacancy," Stewart said. "That did not occur here because the commissioner had not yet acted on the resignation and so that's how we wound up where we are."
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In his statement, Young places the blame squarely at the feet of Stewart and Jackson and announces his intention to end Stewart's contract if he is ever to become a member of the school board. "The Covington school district pays Ms. Stewart approximately $160,000 annually as the board attorney, far more than surrounding districts pay their attorneys," Young wrote. "Any reasonable person would assume that the school board attorney would know the state statute and would advise the Board of Education accordingly. This is an embarrassment to the city. Our city and our schools deserve better. If and when I am sworn in to fill this seat on the Board of Education, my first action will be to move to terminate the contract with Board attorney Mary Ann Stewart and the law firm she represents."
In his statement, Young places the blame squarely at the feet of Stewart and Jackson and announces his intention to end Stewart's contract if he is ever to become a member of the school board. "The Covington school district pays Ms. Stewart approximately $160,000 annually as the board attorney, far more than surrounding districts pay their attorneys," Young wrote. "Any reasonable person would assume that the school board attorney would know the state statute and would advise the Board of Education accordingly. This is an embarrassment to the city. Our city and our schools deserve better. If and when I am sworn in to fill this seat on the Board of Education, my first action will be to move to terminate the contract with Board attorney Mary Ann Stewart and the law firm she represents."
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"The board attorney is hired by the board and that certainly is the board's prerogative," Stewart responded. "With respect, I don't know who Mr. Young is, I've never spoken to Mr. Young. He's welcome to come meet with me and discuss the services that our firm provides for school districts. We are paid on an hourly basis and we have been the school board attorney for over ten years."
"The board attorney is hired by the board and that certainly is the board's prerogative," Stewart responded. "With respect, I don't know who Mr. Young is, I've never spoken to Mr. Young. He's welcome to come meet with me and discuss the services that our firm provides for school districts. We are paid on an hourly basis and we have been the school board attorney for over ten years."
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Stewart maintains that the school district acted properly. "The information which the superintendent received from the Commissioner of Education was that a special election would not apply and that this would be an appointment. With other school districts in the past, KDE has to declare that there is a resignation and their position was that there was no vacancy."
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Kenton County Clerk Gabrielle Summe could not comment Thursday but said she would be available to discuss the issue Friday morning. Brad Hughes of the Kentucky School Board Association, based on the information provided to him by RCN, is unsure whether Young is a valid candidate. "I would speculate that since (Varney's resignation) was twelve days before the filing deadline that there wasn't any way that the wheels of bureaucracy would have had that (vacancy) notice back to the county clerk in that short period of time," Hughes said. "It is possible that this could be something that the Kenton County Board of Elections would take, they would have the definitive answer. I don't think when the law was passed about filling vacancies that they could envision all the possibilities such as someone resigning so close to the filing deadline. I'm sure there is nothing in there that calls for an emergency announcement."
Kenton County Clerk Gabrielle Summe could not comment Thursday but said she would be available to discuss the issue Friday morning. Brad Hughes of the Kentucky School Board Association, based on the information provided to him by RCN, is unsure whether Young is a valid candidate. "I would speculate that since (Varney's resignation) was twelve days before the filing deadline that there wasn't any way that the wheels of bureaucracy would have had that (vacancy) notice back to the county clerk in that short period of time," Hughes said. "It is possible that this could be something that the Kenton County Board of Elections would take, they would have the definitive answer. I don't think when the law was passed about filling vacancies that they could envision all the possibilities such as someone resigning so close to the filing deadline. I'm sure there is nothing in there that calls for an emergency announcement."
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Col Owens, who was appointed to the Covington School Board in 1992 and served for sixteen years and currently Chairman of the Kenton County Democratic Party, thinks that Young's candidacy is not fair to other interested parties. "This needs to be undone," Owens said. "They need to let the commissioner's process go forward, that is advertise the vacancy and give people direction on how to apply for it."
Col Owens, who was appointed to the Covington School Board in 1992 and served for sixteen years and currently Chairman of the Kenton County Democratic Party, thinks that Young's candidacy is not fair to other interested parties. "This needs to be undone," Owens said. "They need to let the commissioner's process go forward, that is advertise the vacancy and give people direction on how to apply for it."
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Owens, an attorney who now lives in Fort Mitchell, does not believe that Young will appear on the ballot in November under the current circumstances. "If (Summe) tries to set that election up, she cannot preclude other people from filing to run for that race. I think the sequence of events has been extremely confusing, without any malice on anybody's part, but all of my legal experience and analytical process tells me that you cannot have a deadline to file for an election that does not exist and declare it to exist afterwards."
Owens, an attorney who now lives in Fort Mitchell, does not believe that Young will appear on the ballot in November under the current circumstances. "If (Summe) tries to set that election up, she cannot preclude other people from filing to run for that race. I think the sequence of events has been extremely confusing, without any malice on anybody's part, but all of my legal experience and analytical process tells me that you cannot have a deadline to file for an election that does not exist and declare it to exist afterwards."
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