Special Meeting
Odyssey Charter School
6201 Noble Ave. N.
Brooklyn Center, MN55429
November 14, 2002
8:00 P.M.
Call to Order A meeting of the Odyssey Charter School Board of Directors was held on Thursday, November, 14th. The meeting was called to order at 8:00 p.m.
Roll Call The following Board members were present: Karen Johnson, Nathan Disch, Jeni Holm, Steph Dess, Lori Bona, Rick Wolf and Lyle Clemenson.
Additions to Agenda There were no additions to the agenda dated November 14th, 2002.
Acceptance of Agenda Motion by Lori Bona, seconded by Jeni Holm, to accept the agenda dated November 14th , 2002. Motion carries.
Approval of Minutes None
Consent Agenda None
Community Comments None
Old Business None
New Business : Election Irregularities
Karen Johnson stated that prior to, during, and after the election she was approached by staff, support staff, and community members regarding issues related to the election. She went on to say that in response to those issues she contacted MACS, who advised her to consult legal counsel. Karen stated she then contacted Charlie Revine from MAPS for nonprofits. She explained to him what had happened with the election and he advised her that Odyssey was in violation of Minnesota election laws. Charlie Revine advised her that Odyssey has two options during any election: They can hold the board election at the annual meeting of the board, or they can hold the election on a different day and provide all eligible voters with a ballot. The attorney further advised that Minnesota statute supercedes Odyssey’s bylaws in this matter.
Karen Johnson went on to say the board has to choices at this time regarding the most recent election: they can nullify the election, fix the process, and hold another election or they can certify the election results and then fix the process for the next election.
Karen Johnson stated that she has spoken to a community member who has expressed an intention to legally contest the results of the election. She added that the community member would like the process fixed. She added that the due date must be on the ballot for any absentee ballots that are distributed.
Karen Johnson stated the board’s annual meeting is scheduled for November 20th, but the board could postpone the meeting if they decided to fix the process and hold another election.
Motion by Lyle Clemenson, seconded by Nathan Disch, to accept the election and move on.
There was discussion about the motion. Jeni Holm stated she had mixed feelings about how to proceed. She added she wants to make sure Odyssey is running legally and properly. She went on to say she thought the board should recognize the irregularities that occurred, and redo the election if necessary to correct the things that were done wrong.
Lori Bona asserted that holding another election would allow Odyssey to involve the community in way that was asked for before the election. She added that the community asked to be involved but that didn’t happen. She added that there would be a benefit to redoing the election.
Steph Dess stated that she agreed with Lori Bona and added that we need to make sure these irregularities don’t happen again.
Lori Bona reiterated she would like the election to be redone. She added that the public did not receive enough information about the candidates and pointed out that one of the biographical information sheets was omitted from the mailing.
Nathan Disch stated he had no objections to redoing the election, but he did not see it as really necessary. He added that if redoing the election helped improve the community environment then that is what should happen. He stated that rescheduling the annual meeting for December and holding the election then would be acceptable to him.
Karen Johnson stated she has nothing to gain and nothing to lose no matter what the board decides to do. She went on to say that her initiation of the discussion came from the community. She stated her wish to do what’s right for the whole community.
Lyle Clemenson read from the attached letter. In addition, he stated that the board was operating within its bylaws and there has been no evidence presented that there has been any attempt to defraud the election process. He went on to say there may have been carelessness on the part of the board, but there is no evidence of fraud. He added that he though the risk to Odyssey is negligent. He stated he thought the board should move forward with more important things rather than attend to emergency measures that may not be necessary.
Karen Johnson asked Steve Dess to discuss the selection of the attorney as well bylaws and election rules.
Steve Dess stated election issues such as these are not unusual for a charter school in its third or fourth year. He stated that MAPS for Nonprofits has been around for 15 years and is knowledgeable in this area. He added that it is important for the board to respond to the concern in the community. He added it would be important in a few weeks to look at and perhaps adjust the bylaws.
Call for the question by Lyle Clemenson., seconded by Nathan Disch. Motion carries.
Motion on the floor fails with two ayes, three nays and one abstention.
Motion by Jeni Holm, seconded by Steph Dess, to begin the process of establishing procedures for the next election.
There was discussion of the motion on the floor.
Jeni Holm stated that as she was elected to the board by the community, and because she has spoken to four members of the community who have had concerns about the election, she feels that the board should look at those concerns. She stated that she was concerned that the community would have no confidence in the board if they did not look at the election process. She added that although it is frustrating to have to redo the election, it is important to do things right.
Lori Bona stated that the board acted in good faith, but it didn’t act in a way that it should have. She added that the board should redo the process and do it the right way.
Anne Lindgren asked if the community this was even being discussed.
Steph Dess stated a parent she has spoken to had to hunt for the ballot box and when she found it, it was unattended.
Jeni Holm stated that the community needs to know that the inconsistencies in the election will be fixed either with a new election or with the next regular election. She added that the board needs to decide they need to put in place for the next election.
Lyle Clemenson stated that the board has so many issues before it that are important, and asked what the board is trying to accomplish with a new election. He added that most likely the results will be the same. He stated the board needs to be thinking about what they need to be doing to make sure there is an Odyssey next year. He further stated that this would be his last board meeting. He left the meeting at 8:45 p.m.
Jeni Holm stated the board should create a handbook for elections so the irregularities will not happen again. She added that it is important that the community be notified in a way this is fully explanatory.
Karen Johnson stated she asked the attorney about how the community should be notified. He told her the board should broach that subject after it is decided whether or not the election results will be certified. The attorney stated that if it is necessary to write a letter, the board should do it together and then the attorney will look it over before it is sent out. Karen Johnson added that as we are a public school and are spending public money we need to follow the letter of the law.
Motion on the floor carries.
Motion by Jeni Holm, seconded by , to establish a subcommittee to establish election procedures for the next election to be presented at the November 20th board meeting. Motion carries.
There was discussion about the time frame of establishing the procedures and Karen Johnson stated that the subcommittee could have the process in place by Wednesday. It was determined that Nathan Disch, Karen Johnson, and Steph Dess will serve on the subcommittee to establish election procedures.
AdjournmentMeeting adjourned at 9:00 p.m.
Next meetings:Next Regular meeting is scheduled for Wednesday, November 20th, 2002, at 6:00 p.m. at Odyssey Charter School.