Ripple effect from St. Joseph scandal felt across the district and state

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June 25, 2015

By Brittany Clingen

St. Jospeh School District seal.jpg
Learn more about the St. Joseph schools
The story
2017
Debate over culture
Business supporters
Ethics complaint filed
Understanding the sides
Levy and the budget
Contentious tax levy
2015
Ripple effect
Board resignation
Superintendent axed
State audit and fallout
2014
Stipend scandal erupts
Former officials
Trustee Chris Danford
Trustee Dan Colgan
Supt. Fred Czerwonka
HR Director Doug Flowers
COO Rick Hartigan
CFO Beau Musser
Background
St. Joseph School District
2018 school board election
2017 property tax levy
2016 school board election
2015 tax levy renewal
2014 school board election

The St. Joseph School District scandal has had a profound impact within the district. Former Superintendent Fred Czerwonka and former COO Rick Hartigan were terminated; former superintendent and long-time member Dan Colgan resigned from the board of education; and CFO Beau Musser received $450,000, settling a slander lawsuit against the district. A ripple effect has been felt throughout the state, as well.

Several bills were introduced in the state legislature in response to the situation in St. Joseph. In February 2015, State Senator Robert Schaaf (R-34) introduced Senate Bill 473. The proposal sought to implement a recall process specifically for school board members in the St. Joseph district and clarify the process for filling vacancies on the board.[1][2][3]

According to the bill's language, a recall election would be triggered once citizens submitted a petition signed by at least 300 registered voters to the Buchanan County Clerk’s office. Additionally, the Buchanan County Commission would be required to fill any board vacancies, with the commission's appointee holding the seat until the next election. The bill was not approved by both houses of the legislature before the session adjourned on May 15, 2015.[1][2][3]

Conversely, another St. Joseph-related bill enjoyed some success. State Rep. Delus Johnson (R-9) introduced his own legislation, House Bill 63, which sought to reduce St. Joseph's unusually long school board terms from six years to the more traditional three. The national average for school board terms in the largest 1,000 districts is 3.94 years. In Missouri, most school board members serve three-year terms in office, though members in St. Louis and Kansas City serve for four years. The St. Joseph and Independence districts were the only ones in the state with six-year terms.[4]

Johnson's bill further aimed to prevent any former superintendent from running for a seat on the school board in the district where he or she previously served and to reduce the number of signatures required to run for a spot on the school board from 750 to zero.[5]

The bill passed both houses of the Missouri Legislature but was vetoed by Gov. Jay Nixon (D), who disagreed with some of the bill's provisions, particularly the one barring former superintendents from serving on school boards. In his veto message, Nixon wrote, "The law should encourage – not prohibit – those who aspire to serve in public office. In our democratic system, otherwise qualified candidates should not be disqualified simply because of their expertise.”[6]

However, legislators overrode Nixon's veto, and H.B. 63 became law in May due to the insertion of an emergency clause that caused it to take effect immediately following its passage. "Many legislators had a problem with prohibiting superintendents from running for school board," Johnson said. "This was a part of the bill that was causing great concern." In order to address these concerns, Rep. Johnson introduced another bill, Senate Bill 104, which would negate part of H.B. 63 so superintendents could run for school board seats without exception. S.B. 104 was approved by the legislature prior to its adjournment, and if Gov. Nixon takes no further action by mid-July, the bill will become law, clearing the way for former superintendents to continue to run for seats on their former districts' boards.[7][8][9]

Regardless of whether S.B. 104 is approved, as a result of H.B. 63's ultimate passage, all future school board members' terms will be three years instead of six, and no signatures will be required for candidates hoping to run for a spot on the board. "I think that's a big win," said school board member Chris Danford of the terms going from six to three years. Though the three-year terms will not take effect until the next school board elections in April 2016, Danford says the shorter terms will make it harder for a superintendent to stack the board with a "dynasty" of favored members.[10][11]

In addition to introducing legislation in Jefferson City, state Sen. Schaaf also called on the state's attorney general to prosecute those involved in the scandal, saying, "I would like to call on the attorney general to closely examine the documents the auditor has compiled and bring charges against those responsible for the mishandling of the funds within the St. Joseph Public Schools. These actions are illegal and greatly disturbing.” However, it remains to be seen whether anyone will be indicted or prosecuted by the attorney general or the FBI. The FBI investigation, which has spanned over a year, is ongoing and expected to be wrapped up by the end of summer, according to sources familiar with the situation.[12]

Though much progress has been made at the state and local levels in the wake of the scandal, Danford acknowledges change hasn't happened as quickly as she imagined it would. “What I’m surprised at sometimes is, even in spite of all that has been brought out to the open, how easy it is for people to go back to the old way. How easy it is for them to make decisions on their own without telling the board. It’s hard to change the culture with the same people in place who were a part of this system.”[11]

St. Joseph School District building

Despite this, she is hopeful that under the tutelage of the new interim superintendent, a much-needed culture shift will take place. "That doesn't come overnight," she said. In early June 2015, the board selected a new interim superintendent, Dr. Robert Newhart, to lead the district. "I am here to listen, begin the healing journey and help rebuild a foundation of excellence," Newhart said.[13][11]

Overall, Danford is optimistic and believes the scandal will cause St. Joseph and other school districts in the state to hold themselves to a higher standard. The St. Joseph board, she explained, has a better understanding of the district's policies and sunshine laws. "Just with the seven of us it has changed how we prepare for the board meetings. It’s changed how we interact in our board meetings. And that’s a pretty big change." As for other school districts, Danford said, “I think the ripple effect is that, certainly in the state, other districts are watching to see what happens here," says Danford. "I know people in other districts have said, ‘We are watching the way that we do things.’"[11]

See also

Footnotes