Photos: Star Daisha Keisha Estelle Poole (right) Lycoming County District Attorney Ryan Gardner (left)
By Todd Bartley, TalkWilliamsport.com
News@TalkWilliamsport.com
Later today and tomorrow Star Poole, WASD school board member is set for court appearances on warrants issued resulting in her failure to pay court costs and fines.
Tonight, she is set to be sworn in as a WASD school board member to serve another year of her expiring term.
On the WASD school board agenda tonight is an item to discuss setting a date for a “due process” hearing since she is facing removal.
On background and legal analysis provided by Scaringi Law in Harrisburg, Pennsylvania:
Issue 1:
Is a school board member owed a “due process” hearing when facing removal by the Board for failing to attend two consecutive Board meetings?
Proposed Answer: Yes
Rule: Yes. The PA School Code does not provide the right to a due process hearing.
However, case law does. Keating v. Jordan , 181 Pa. 168, 37 A. 199 (1897).
Case facts: A current school board member is often absent from meetings. During open session of a recent meeting, the Solicitor interjected and noted that a due process hearing was likely the proper procedure moving forward.
Applicable law: 24 P.S. §3-319: If any person having qualified as school director…shall neglect or refuse to attend two successive regular meetings of the school board…, unless detained by sickness, or prevented by necessary absence from the district…, the remaining members of the board may declare his office as director vacant. His office shall be filled from the qualified electors of the district. (emphasis added).
This statute provides a course of action for board members to remove other members. If any member fails to attend two successive regular meetings, the Board may remove that Director.
This language is repeated in the School Board Policy Manual for the Williamsport Area School District.
Removal
Whenever a Board member is no longer a resident of Williamsport Area School District, his/her membership on the Board shall cease.[15][21]
The removal of a Board member who resigns shall become effective upon the presentation of the resignation to the Board President and upon the date specified.
A Board member who neglects or refuses to attend two (2) successive regular meetings of the Board, unless detained by sickness or prevented by necessary absence from the district, or if in attendance at any meeting neglects or refuses to act in his/her official capacity as a school director, may be removed from his/her office on the affirmative vote of a majority of the remaining members of the Board.[22][23]
If a person elected or appointed as a Board member, having been notified, shall refuse or neglect to qualify as such director, the remaining members may, within ten (10) days following the beginning of his/her term of office, declare said office vacant on the affirmative vote of a majority of the remaining members of the Board.[22][23]”
Back to Scaringi Law analysis:
Under 24 P.S. §3-319, the Directors cannot declare vacant the seat of a Director who neglects to attend two successive regular meetings of the Board until after the adjournment of the second meeting. Zulich v. Bowman, 42 Pa. 83 (1862).
Furthermore, a Director can only be removed on notice to him or her, and an opportunity to show sickness or absence from the district as an excuse. Keating v. Jordan , 181 Pa. 168, 37 A. 199 (1897).
(See also Commonwealth v. Gibbons , 196 Pa. 97, 100, 46 A. 313, 314 (1900) “The act does not make absence from two regular meetings necessarily a cause for ouster, but only ‘unless detained by sickness or prevented by absence from the district.’ Conceding that the burden of showing such excuse would be upon the absent member, he would nevertheless be entitled to notice and an opportunity to be heard to present it and this could not be afforded without a subsequent meeting.”)
This requirement for notice and an opportunity to show excuse is what is referred to as “due process.”
STAR POOLE WARRANTS AND COURT APPEARANCES
At this writing WASD school board member Star Poole has warrants issued in multiple Lycoming County Magisterial District Courts against her. Since she has agreed to appear in court a stay has been placed on the warrants pending adjudication of the cases.
Poole plead guilty and is set to appear before Lycoming County Magistrate Judge Gary Whiteman today at 2:45 p.m. to set-up a payment plan on the outstanding fines and costs.
Another of the warrants has been served upon Star Poole and she has a court appearance scheduled in front of Lycoming County Magistrate Judge Aaron Biichle tomorrow at 2 p.m. to also set-up a payment plan on the outstanding fines and costs.
With these undisputed facts in the record; has Star Poole further disqualified herself from serving on the WASD school board based again on the School Board Policy Manual for the Williamsport Area School District?
Qualifications
Each member of the Board shall meet the following qualifications:
- Be of good moral character, be eighteen (18) years of age, shall have been a resident of the district for at least one (1) year prior to the date of his/her election or appointment, and shall not be a holder of any office or position as specified in Section 322 of the School Code; nor shall the individual be a member of the municipal council.[4]
Why did WASD Solicitor Fred Holland bring up to the WASD school board the fact board member Star Poole had missed three consecutive meetings and would be eligible for removal?
Instead, once a formal petition and complaint was filed with Lycoming County District Attorney Ryan Gardner to remove Star Poole as a WASD school board member; Holland came up with the “due process” hearing idea which does not exist in the School Board Policy Manual for the Williamsport Area School District.
By the time Holland got around to offering Poole a “due process” hearing date discussion; Poole had missed 9 out of 10 board meetings.
The WASD school board meeting is tonight at 6 p.m. where Lycoming County President Judge Nancy Butts will perform the oath of office ceremony for the new board members. The newly sworn in school board will then vote on officers for the next year.
Full disclosure:
Star Poole was a WASD school board member when the WASD school tax office attempted to have this author criminally charged on the basis of failing to pay WASD school taxes.
On reason and belief; it was the first criminal case of unpaid school taxes brought against a business or individual in the history of the WASD.
The case was subsequently withdrawn by the WASD school tax office. WASD Solicitor Fred Holland represented the WASD school tax office in the case.
This is an exclusive and developing story on TalkWilliamsport.com.
