WEBSTER COUNTY, KY (11/16/11) - Citing a failure to file required documents coupled with misleading or inaccurate language in the petition itself, a challenge Webster County Board of Education Amelia Zachary filed in Webster County Circuit Court last week seeks to have the results of the petition invalidated.
The school board at a special meeting in October approved a motion to seek the challenge in court following a closed session discussion of the petition and its committee. Details of the reasoning for the decision to challenge the petition in court weren’t made public until the challenge was filed.
In the challenge, Zachary and the school board allege the petition committee didn’t file a required affidavit, and also dispute the wording of the petition document that was filed with Webster County Clerk Valerie Newell.
Referring to the copy of a document the school district received listing the members of the petition committee as “exhibit A,” the challenge claims “Exhibit A requests a recall as the ‘2011 tax rate set by the Webster County School Board’ in the first paragraph (apparently all of the tax rate). Then... the second paragraph states that it is for all tax increase over and above the compensating rate.
“Not only is the document inconsistent upon its face, neither is the correct amount subject to recall. Only the amount over and above four percent is subject to recall, i.e. the six cents,” the report alleges. (The “six cents” refers to the construction tax imposed with the board’s tax rate structure it approved in August.) Additionally, the challenge filed in court alleges Newell failed to follow specific required steps, such as providing the petition with all signatures to the school district and publishing ‘a notice identifying the tax levy being challenged and providing the names and addresses of the petition committee in a newspaper of general circulation within the county.’
The challenge requests “an immediate hearing” and that the petition “be overruled and declared invalid.”
As of Tuesday, no dates for a hearing on the challenge have been set.
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