The remaining two years of former School Board Trustee Tom
Kinoshita
’s term – Kinoshita resigned in March – are proving difficult to
fill, with controversy created along the way.
The remaining two years of former School Board Trustee Tom Kinoshita’s term – Kinoshita resigned in March – are proving difficult to fill, with controversy created along the way.
When the filing deadline for the position came Aug. 6, there were no candidates who had completed the necessary paperwork. Only one person, Manuel Banuelos, even pulled papers for the slot.
School Board President George Panos and Superintendent Carolyn McKennan are seeking help.
Three four-term seats are up for grabs Nov. 2, as Panos and Trustees Jan Masuda and Del Foster declined to seek re-election. Six candidates have filed for a chance to fill those seats: Peter Mandel, Harlan Warthen, Bob Giesinger, Michael Davenport, Kathy Sullivan and Julia Hover-Smoot.
The board voted 4-2 in April to fill the vacancy created by Kinoshita’s resignation during the election Nov. 2, but only after a controversial attack on runner-up candidate Jasmine Woodworth.
McKennan requested guidance from the Santa Clara County Office of Education last week, asking County Superintendent Colleen Wilcox to help her find answers to the following questions:
• Is there a timeline that would require the current board to take action to fill the vacancy by appointment prior to the November election;
• Is it possible for the board to wait until the new board members are seated in December following the November election to make such an appointment;
• Might the board consider taking action now to authorize the appointment of the individual who comes in fourth in the upcoming Nov. 2 election?
It looks like trustees won’t have to act now, according to Porter Sexton, executive director of the SCCOE’s Center for Ecucational Planning, although he points out that this specific situation is not addressed in the state Education Code.
“Although we do not provide legal advice, it would be our suggestion that your board seek legal direction from its own attorney,” Sexton wrote in the reply to McKennan.
Sexton points out that there is no vacancy now, as defined by the Education Code. Since the board voted to fill the vacancy by election, and the election has not yet occurred, there is no current vacancy.
“The failure to have anyone register to run for a position does not create a vacancy,” according to the memo from Sexton.
The second question asked by McKennan concerned waiting until new board members were seated in December.
Lastly, McKennan asks about a provision to automatically appoint the fourth vote getter in the election. Sexton suggests a legal position, and notes that there doesn’t seem to be anything in the Education Code to prohibit the board from doing this.
Trustees will tackle this issue during their next regular board meeting Aug. 23 at 7 p.m. in the District Office, 15600 Concord Circle. Details: 201-6000.
Marilyn Dubil covers education and law enforcement for The Times. She can be reached by e-mail at mdubil@morganhilltimes .com or phoning (408) 779-4106 Ext. 202
