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"Olson, Jessica" <jessica.olson@everettsd.org> FW: Policy 1130, Committees, Proposed Revision April 11, 2013 4:52:46 PM PDT <jessicaeverettschoolboard@gmail.com> 1 Attachment, 13.7 KB

------------------------------------------From: Cohn, Gary Sent: Thursday, April 11, 2013 4:52:45 PM To: Everett School Board Cc: Mahan, Kathy; Vanderwilt, Debbie; Ben Stafford (WStafford@perkinscoie.com) Subject: Policy 1130, Committees, Proposed Revision Auto forwarded by a Rule

Directors, as you are aware, recall petitions against all five members of the district's board of directors were filed with the County Auditor's Office by Rodman Reynolds. The petitions alleged the directors had not acted in accordance with state law because a separate committee of the board, comprised of a number of directors less than the full board, had not been designated by the board and "styled" the audit committee. In response, four directors filed declarations and a response with the Snohomish County Superior Court arguing the petitions were legally and factually insufficient because (1) the board audits as a committee of the whole, and thus the petitions did not allege substantial unlawful conduct that amounted to a violation of the oath of office; (2) the petitions did not allege that any of the directors intended to violate any law; (3) the petitions did not identify with sufficient specificity the wrongful conduct alleged; and (4) the petitions did not allege that Mr. Reynolds had personal knowledge of his charges. Snohomish County Superior Court Judge Anita Farris found the recall petitions were legally and factually insufficient and dismissed them. Subsequent review by legal counsel has determined that a minor revision to Policy 1130, Committees, will avoid future misinterpretation the board's intent with regard to its long-standing use of a "committee of the whole" to audit the District's accounts. The attached proposed revision to Policy 1130, Committees, is provided for your information. Dr. Gary Cohn Superintendent Everett Public Schools 4730 Colby Avenue Everett, WA 98203 425-385-4009|office www.everett.k12.wa.us/everett

PROPOSED REVISION
THE BOARD OF DIRECTORS SubcCommittees

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SubcCommittees of the board may be created by a majority of the board. The president shall appoint board members to serve on such subcommittees, the purpose and terms of which shall be determined by a majority vote of the board. Board subcommittees shall be limited to two members; except that the subcommittee to evaluate the superintendent shall be no more than three members. Legal Reference: RCW 28A.320.040 Bylaws for board and school government