THE RIVER CITY NEWS MORE COVINGTON NEWS THAN ANY OTHER SOURCE
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by Michael Monks
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The day-to-day monitoring of how a vacant seat on the Covington School Board will be filled has taken another turn. As of Friday afternoon, Mark Young remained the sole candidate in a separate election to fill the seat vacated by Denise Varney August 2 after Kenton County Clerk Gabrielle Summe decided that state statute does require an election since Varney has more than a year left in her term and since the resignation came before the filing deadline of the next November election. Summe explained her rationale in an interview with The River City News Friday afternoon.
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"My putting it on the ballot was purely based on two things: one there had obviously been a tendered resignation and then somebody obviously relied upon something to go forward and advertise that there is a position," Summe said, referencing the legal ad run twice now by Covington Independent Public Schools promoting the vacancy and soliciting applicants to seek an appointment, as mandated by the first part of the state statute in question. "So I then said the second part of the statute really triggers which is if there is an unexpired term for a year or more, then it needs to be on the ballot."
"My putting it on the ballot was purely based on two things: one there had obviously been a tendered resignation and then somebody obviously relied upon something to go forward and advertise that there is a position," Summe said, referencing the legal ad run twice now by Covington Independent Public Schools promoting the vacancy and soliciting applicants to seek an appointment, as mandated by the first part of the state statute in question. "So I then said the second part of the statute really triggers which is if there is an unexpired term for a year or more, then it needs to be on the ballot."
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The Covington School Board attorney and possibly also the Kentucky Department of Education do not believe that an election is required because Varney's resignation has not been accepted. That has created a legal dispute over when a resignation goes into effect: at the time it is issued and received or at the time that it is formally accepted, and then, what does it mean to be formally accepted? Questions also arose following Young's placement on the ballot because his name was added until after the filing deadline. Young's application to run was initially denied because the County Clerk's office had not been notified of a vacancy on the school board. Summe explained that the law gives her twenty-four hours to research any issues related to races and candidates before finalizing the list.
The Covington School Board attorney and possibly also the Kentucky Department of Education do not believe that an election is required because Varney's resignation has not been accepted. That has created a legal dispute over when a resignation goes into effect: at the time it is issued and received or at the time that it is formally accepted, and then, what does it mean to be formally accepted? Questions also arose following Young's placement on the ballot because his name was added until after the filing deadline. Young's application to run was initially denied because the County Clerk's office had not been notified of a vacancy on the school board. Summe explained that the law gives her twenty-four hours to research any issues related to races and candidates before finalizing the list.
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"I received an email from Mr. Young's attorney telling me that they will be filing suit against me and he brought up the issues and I said, well, a lawsuit isn't going to sway me one way or another, but I will look into the issue," Summe said. "The next morning I called the state Board of Elections, the Department of Transportation, and as I gathered facts, I confirmed with (Kenton County attorney) Garry Edmonson and we concluded based on the timing and based on the presentation of facts, that there seemed to be acceptance (of Varney's resignation) based on advertisement of the open position and it was four days prior to the (filing) deadline." At that point, Summe said, the second part of the state statute regarding school board vacancies went into effect, requiring an election.
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"I received an email from Mr. Young's attorney telling me that they will be filing suit against me and he brought up the issues and I said, well, a lawsuit isn't going to sway me one way or another, but I will look into the issue," Summe said. "The next morning I called the state Board of Elections, the Department of Transportation, and as I gathered facts, I confirmed with (Kenton County attorney) Garry Edmonson and we concluded based on the timing and based on the presentation of facts, that there seemed to be acceptance (of Varney's resignation) based on advertisement of the open position and it was four days prior to the (filing) deadline." At that point, Summe said, the second part of the state statute regarding school board vacancies went into effect, requiring an election.
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Young's name being added to the ballot has been met with criticism from at least one candidate in the regular school board election in which ten people are running for three open seats. Young is the sole candidate running in a separate election to replace Varney. "This is unfortunate for those who properly applied for the appointment and that's where I know there may be some kind of suit pending," Summe said, "because frankly, they didn't have an opportunity to file." Write-in candidates wishing to compete against Young have until October 26 to declare their candidacy.
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Summe also warned that a possible stop to the separate election could occur if an emergency injunction is issued as the legal case weaves its way through the process. "I really didn't call a special election, I just applied facts of statute that required me to put it on the ballot," she said. "So, we'll see what happens from there and see what their reaction is."
Summe also warned that a possible stop to the separate election could occur if an emergency injunction is issued as the legal case weaves its way through the process. "I really didn't call a special election, I just applied facts of statute that required me to put it on the ballot," she said. "So, we'll see what happens from there and see what their reaction is."
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Whatever their reaction was, their being a reference to opponents of the legality of Young's candidacy, a change came late Friday night. Brandon Voelker, the attorney representing Young, issued a letter to both Summe and Edmonson, the county attorney, with a case file attached that he claims the Kentucky Department of Education supplied to Mary Ann Stewart, the attorney for the Covington School Board who does not believe an election should be called. The case attached, from 1962, involves a Carter County superintendent versus the Kentucky State Board of Education. Part of the judgment in that case concluded, "Resignation of public officer, in absence of statute, does not become effective until accepted by proper authority or by equivalent action such as appointment of successor."
Whatever their reaction was, their being a reference to opponents of the legality of Young's candidacy, a change came late Friday night. Brandon Voelker, the attorney representing Young, issued a letter to both Summe and Edmonson, the county attorney, with a case file attached that he claims the Kentucky Department of Education supplied to Mary Ann Stewart, the attorney for the Covington School Board who does not believe an election should be called. The case attached, from 1962, involves a Carter County superintendent versus the Kentucky State Board of Education. Part of the judgment in that case concluded, "Resignation of public officer, in absence of statute, does not become effective until accepted by proper authority or by equivalent action such as appointment of successor."
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Voelker does not buy it. "The superintendent at a board meeting advised the public of the opening and in fact had, per instruction from KDE, caused to be published in the paper the notice of vacancy to seek the appointment. To adopt that argument would require that the Commissioner can seek candidates to fill the position, but simply not accept the resignation to avoid an election," Voelker wrote. "As elected officials in Kenton County, I hope that the County Attorney and County Clerk do not believe that advising the public of an opening, but then not "accepting" a resignation to avoid an election is proper. I have discussed with my client and will file suit, I have also been contacted by voters, willing to file a class action against the clerk's office for seeking to thwart a proper election being called and allowing governmental actors to avoid having an election held where a resignation was more than timely tendered to allow the people, not buearacrats to decide their representative. I have known both of you a long time and I cannot believe that this what you believe is truly right and proper toward the voters of Covington."
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The message there implies that a change has occurred involving Young's status as a candidate but as of this writing, that remains unconfirmed. Voelker's letter also references attorney Mary Ann Stewart as not only representing the Covington School Board but also that she serves as counsel to Summe. Voelker wants Stewart removed from the process.
Voelker does not buy it. "The superintendent at a board meeting advised the public of the opening and in fact had, per instruction from KDE, caused to be published in the paper the notice of vacancy to seek the appointment. To adopt that argument would require that the Commissioner can seek candidates to fill the position, but simply not accept the resignation to avoid an election," Voelker wrote. "As elected officials in Kenton County, I hope that the County Attorney and County Clerk do not believe that advising the public of an opening, but then not "accepting" a resignation to avoid an election is proper. I have discussed with my client and will file suit, I have also been contacted by voters, willing to file a class action against the clerk's office for seeking to thwart a proper election being called and allowing governmental actors to avoid having an election held where a resignation was more than timely tendered to allow the people, not buearacrats to decide their representative. I have known both of you a long time and I cannot believe that this what you believe is truly right and proper toward the voters of Covington."
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The message there implies that a change has occurred involving Young's status as a candidate but as of this writing, that remains unconfirmed. Voelker's letter also references attorney Mary Ann Stewart as not only representing the Covington School Board but also that she serves as counsel to Summe. Voelker wants Stewart removed from the process.
