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Carl French and J.B. Atkins recall, Broken Bow Public Schools, Nebraska (2017)
| Broken Bow Public School Board recall |
|---|
 |
| Officeholders |
J.B. Atkins |
| Recall status |
Recall defeated |
| Recall election date |
| November 14, 2017 |
| See also |
| Recall overview Political recall efforts, 2017 Recalls in Nebraska Nebraska recall laws School board recalls Recall reports |
An effort to recall J.B. Atkins from his position on the Broken Bow Public Schools school board in Nebraska was defeated on November 14, 2017.[1] Recall supporters also filed petitions to recall board member Carl French, but that effort did not go to a vote. French argued the legality of the recall effort against him due to a law that prohibited filing recall petitions within six months of an incumbent’s filing deadline to run for re-election. A judge for the Eighth District Court ruled in French’s favor, saying that his petition had been filed three days too late and could not appear on the ballot.[2][3][4]
Recall supporters said the two members had sought their personal agendas when they voted to lower the district's tax levy and cut the district's budget by 5 percent, causing the district to be underfunded. Atkins said he voted to cut the budget and the tax levy "to protect district patrons from an increased tax burden in a bad agriculture economy," according to the Kearney Hub.[5][6][7]
The Broken Bow school board has a total of six members.[8][9] French was elected to a four-year term on November 4, 2014, and Atkins was elected to a four-year term on November 8, 2016.[10][11]
Recall vote
| J.B. Atkins, At-Large Board Member, Broken Bow Public Schools | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Recall | 537 | 39.4% | ||
 Retain | 826 | 60.6% | ||
| Election results via: Abbey Smith, “Email communication with Constance Gracey, Custer County Clerk," November 15, 2017 | ||||
Recall supporters
The recall effort was started by Drew Schendt, who was a Broken Bow resident at the time the recall effort started but later moved to Missouri.[1] When he started the recall effort, Schendt said French and Atkins had "advanced their personal agenda causing Broken Bow Public Schools be[sic] critically underfunded to the detriment of the students and the community at large," according to the Sandhills Express. Schendt said that budget cuts had depleted the district's reserves and could require eliminating school programs or staff positions.[5][6] The board voted to decrease the district's budget by 5 percent, which was equal to about $600,000, and to decrease the district's tax levy by about 15 cents. The district's budget went from $11.56 million for the 2016-2017 school year to $10.99 million for the 2017-2018 school year, according to the Kearney Hub.[7]
Schendt said the budget cuts were “rapidly depleting the district’s cash reserves at a pace that may require elimination of teaching positions and/or programs as early as next year.”[7] He also said he had initially planned to add board member Gerald Pirnie in the recall effort but decided against it due to the potential cost to taxpayers.[5]
After the deadline to set a recall election passed without a recall election date scheduled for French, Schendt said the recall supporters were prepared to take the matter to the district court. “No matter what strategy they [Atkins and French] choose moving forward, we are prepared to continue fighting this,” Schendt said.[4] Recall supporters and Broken Bow residents Diane and Jerry Scott, Sandra and Gary Wright, and Julie Foster filed a lawsuit against the district in October 2017.[12]
Recall opponents
In response to the recall effort, Atkins said it was important to be fiscally responsible. "We can’t continue as a district to tax our patrons at the max levy for $1.05, because that has increased taxes on our patrons exponentially in some cases,” Atkins said. “And because we’re primarily an ag-based economy here in Broken Bow, it affects everybody.”[7]
Atkins said that the school board moved money out of the reserve fund because it had reached the maximum limit allowed by the Nebraska Department of Education. He also said that after the district tightened its budget for the 2016-2017 school year, it had been left with a $900,000 surplus. “We wound up only spending out of the general fund about $10.8 million, and our new budget for this year is $10.99 million. So we’re allowing them to spend more this year than they spent last year,” Atkins said.[7]
Broken Bow Superintendent Tom Bailey said the cuts had reduced some district programs but had not eliminated any programs. The cuts also resulted in the elimination of seven non-certified staff positions. Atkins said three of those positions would have been eliminated regardless of budget cuts due to lower enrollment numbers.[7]
Atkins also said he had not sought a personal agenda when he voted to cut the budget and decrease the tax levy. “I have spent thousands of dollars getting elected and now I have spent way more than $400 in legal fees defending this,” said Atkins. “There’s no way I could personally profit near enough to pay my legal bills and my advertising costs.”[7]
French questioned the legality of the recall election after the signatures were turned in. He said that a Nebraska state statute prohibited filing recall petitions within six months of the filing deadline for an incumbent to run for re-election. The filing deadline for French to run for re-election was February 15, 2018, and the petition to recall him was filed on August 18, 2017, three days after the six-month threshold began.[4] French said he intended to file for re-election.[12]
French brought up his legal concerns at a closed session held during a board meeting on September 18, 2017.[4] Atkins spoke in support of French's argument.[13]
| “ | I think Carl’s letter that came from his lawyer has a couple of really valid points, so I’m not in favor of this. I think he has a high percentage chance of making his point, and to be honest, I just think it’s unjust, being part of this situation, that we have to keep hiring lawyers to protect ourselves. And I think it’s fairly clear the petitions didn’t meet the requirement. So I guess that’s how I feel about it.[14] | ” |
| —J.B. Atkins (2017)[13] | ||
Atkins also said, "I would add that I’m willing to set my election for November 14. I don’t have a problem with that situation. It’s Carl’s situation that’s the issue."[13]
The board voted in open session during the board meeting on September 18, 2017, to schedule French's recall election along with Atkins', but the motion failed 3-3.[4] The vote to schedule only Atkins' recall election on November 14, 2017, passed unanimously.[13]
After the court ruled that the petitions to recall French had not been turned in on time, French said:
| “ | The clerk was made aware of the deficiency in the petition and choose to file it anyway. That put the board in a position they should never have been in, to make a decision on a petition that was insufficient and never should have been verified. Fortunately, the right decision was made and the issue should have died right there. Unfortunately, the plaintiffs choose to file in district court and waste the courts and the schools time and money. All in an effort to take away the voice of the 800 plus people who voted for me.[14] | ” |
| —Carl French (2017)[15] | ||
Path to the ballot
- See also: Laws governing recall in Nebraska
The following is a timeline of events for the Broken Bow recall effort:
- June 26, 2017: Drew Schendt filed a recall affidavit with the Custer County Clerk's Office against Atkins and French.[5]
- July 19, 2017: Deadline for French and Atkins to respond to the recall effort passed. Petitions were issued and approved for circulation. Recall supporters had 30 days to collect over 400 signatures to put the recall on the ballot.[6][16][17]
- August 18, 2017: Recall supporters filed completed recall petitions.[18][19]
- August 29, 2017: Signatures on recall petitions were verified. School district was directed to schedule the recall elections within 75 days.[2]
- September 18, 2017: Broken Bow School Board voted 3-3 to schedule recall election for both Atkins and French, causing the motion to fail. The Broken Bow school board then unanimously scheduled the recall election for only Atkins on November 14, 2017.[4][13]
- October 18, 2017: Eighth District Court Judge Karin Noakes held a hearing on the recall election of French after recall supporters filed a lawsuit against the district following the failed motion to schedule a recall election for French. Noakes took the hearing under advisement.[2]
- October 20, 2017: Deadline set by Noakes for both sides to file briefs on the issue passed.[20]
- October 26, 2017: Noakes denied the petition against French. She said it had been filed three days too late and could not be appear on the ballot.[3]
- November 14, 2017: The recall election for J.B. Atkins was defeated.[1]
Recent news
The link below is to the most recent stories in a Google news search for the terms 'Broken Bow Public Schools' recall. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Broken Bow Public Schools, Nebraska
- Recall campaigns in Nebraska
- Political recall efforts, 2017
- School board recalls
External links
Footnotes
- ↑ 1.0 1.1 1.2 Nebraska.TV, "Update: Broken Bow residents vote to not recall school board member on Tuesday," November 14, 2017
- ↑ 2.0 2.1 2.2 News Channel Nebraska, "Broken Bow School Board Recall Election Now in Hands of District Court," October 10, 2017
- ↑ 3.0 3.1 Nebraska.TV, "Court throws out Broken Bow School Board member recall election," October 26, 2017
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Sandhills Express, "Broken Bow Public Schools Recall Election Update," September 20, 2017
- ↑ 5.0 5.1 5.2 5.3 Sandhills Express, "Broken Bow School Board Members may face Recall Election," June 26, 2017
- ↑ 6.0 6.1 6.2 Custer County Chief, "Affidavits file for recall of BBPS school board members Atkins and French," June 26, 2017
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 7.6 Kearney Hub, "Broken Bow school board member recall vote on Tuesday," November 10, 2017
- ↑ Broken Bow Public Schools, "School Board Members," accessed June 29, 2017
- ↑ Broken Bow Public Schools, "Board Membership: Elections and Appointments," accessed June 29, 2017
- ↑ Kearney Hub, "Broken Bow school board candidates speak up," November 1, 2014
- ↑ Custer County Election Commissioner, "Sample Ballot: General Election November 8th, 2016," accessed June 29, 2017
- ↑ 12.0 12.1 Kearney Hub, "Broken Bow residents file claim to remove French as school board member," October 19, 2017
- ↑ 13.0 13.1 13.2 13.3 13.4 Sandhills Express, "Recall Election Date Set for J.B. Atkins, but Not Carl French," September 19, 2017
- ↑ 14.0 14.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Sand Hills Express, "School Board Court Decision Followup," October 31, 2017
- ↑ Abbey Smith, “Email communication with Custer County Clerk Constance Gracey," July 20, 2017
- ↑ Abbey Smith, “Email communication with Custer County Clerk Constance Gracey," July 17, 2017
- ↑ 92.3 FM KBear Country, "Affidavits Filed To Recall Two BBPS School Board Members," June 28, 2017
- ↑ Abbey Smith, “Email communication with County Clerk Constance Gracey," August 22, 2017
- ↑ Sandhills Express, "No Decision Made in Setting Recall Election Date for BBPS Board Member Carl French," October 18, 2017
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