When the May 22 ballot goes out to those in the Fountain Lake School District the only item on that ballot will be a point of notification concerning millage. By statutory law such an item is required.
What will not be on the ballot will be election of school board members. Three persons seeking board election did not follow proper procedure, thus the state election commission did not certify the candidates. Therefore, “holdovers” will assume board positions.
According to school district policy 1.19 a board member remains in office until the member’s successor has been sworn into office. In the event a board member’s term of office has expired and no one is elected to replace the member, or the individual elected fails to receive the oath of office within the time set in stature, the board member becomes a “holdover” and is treated as having been re-elected to the board at the expiration of his/her term.
Fountain Lake School District Superintendent, Dr. Michael Murphy, sought a legal opinion on the matter and was told it was the lawyer’s opinion that the election commission was correct in its decision not to certify the candidates because they did not specify which board position they sought.
“I’m not trying to take the easy way out,” said Murphy in an interview last week. “I’m protecting the liability of the school district. I always follow the legal advice and district policy to the best of my ability.”