Judge vacates Cal Area school board seat that was improperly filled
A judge in Washington County has vacated California Area School Board’s appointment of a new member last month, ruling the board of directors went beyond the 30-day deadline to make the selection after a resident filed a petition asking the court to make a decision.
Board member Diane Zielensky resigned Sept. 17, meaning the board had 30 days to fill her vacancy, prompting the district to ask for applications before scheduling interviews for the Oct. 15 meeting.
The district received six applications, but only Allenport resident Kayle Kowalsky arrived for the interview on that date. The school board then voted to recess the meeting and returned Oct. 28, when it interviewed several other candidates before appointing Kim Leasure to the board.
But between the two meetings, Kowalsky filed a petition with the Washington County Court of Common Pleas on Oct. 21 arguing that the 30-day deadline for the board to appoint a new member had expired and the jurisdiction should now be with the courts.
During a brief hearing Monday morning, Kowalsky and school district officials argued their cases before Judge Brandon Neuman.
California Area Superintendent Laura Jacob testified that a clerical error meant that the candidates were not sent invites for the Oct. 15 interview, which is why the school board recessed the meeting until the end of the month to make a decision. But Kowalsky argued that the school still could have made a decision during the Oct. 15 meeting even without conducting interviews, but the 30-day deadline had expired by the Oct. 28 meeting.
“I don’t think it’s a viable excuse,” Kowalsky testified. “I don’t think it’s acceptable.”
In his order filed Tuesday morning, Neuman ruled that Kowalsky’s petition was filed before the school board selected Leasure, meaning the court now has “exclusive power to make appointments” for the open seat. Neuman vacated the school board appointment and scheduled a hearing at 1 p.m. Dec. 1 in Courtroom No. 1 for any interested candidates to attend to be considered for the position before the judge makes the appointment.
Neuman also ordered the school district to post on its website, social media pages and other publications announcing the vacancy for the Region III school board seat, along with the process to be considered.