Local school district consolidation proponents can delay their ballot proposition, but if they do, consolidation foes are free to sue to stop it, according to a recent court ruling.
In July 2018, the Mingus Union High School District Governing Board and assorted plaintiffs from within the community sued the Committee For Better Upper Verde Valley Schools as well as the state legislature and Yavapai County Superintendent Tim Carter, trying to stop a planned election on consolidation between MUHSD and the Cottonwood-Oak Creek School District, which the Mingus board opposed.
In August, Yavapai County Superior Court Judge David Mackey brokered a settlement agreement between the two parties, stopping the planned November 2018 election, but allowing for consolidation advocates to seek another election this year without the plaintiffs being able to challenge the petition forms leading to an election in court again.
Over the course of recent months, the consolidation committee has been arguing again before Mackey, requesting a change in the settlement agreement to allow for the election to be held next year under the same terms.
The Mingus board opposed this change from the settlement agreement.
On Aug. 2, Mackey issued a ruling denying the request of the committee, though he highlighted that they are still able to hold the election next year.
“Nothing in the stipulated judgment prevents the committee from proceeding with a school- district consolidation election process in future election years,” Mackey wrote in his ruling. “The committee will just need to proceed without the agreement of the plaintiffs that they will not challenge the forms approved in the stipulated judgment.
“However, in reality, whether this judge is involved or whether another judge hears any such challenge, if the committee uses the same forms, the plaintiffs will have a hard time arguing that the forms of the petition or superintendent’s checklist as set forth by the stipulated judgment are flawed.”
Recent legislation passed in the spring by the Arizona State Legislature would affect a consolidation election, and with the legislation not going into effect until August, the committee made the decision to set the election next year in order to accord with the new legislation. The committee has since indicated their intention to follow through with this plan, using the petition forms agreed upon by the two parties in an effort to hold a consolidation election next year.
“The committee is planning to use the same petition forms as was drafted by and approved by Judge Mackey in his Oct. 5, 2018, Stipulated Judgement,” the committee wrote in a press release. “Thousands of citizens in our local communities believe very strongly that the Mingus Union High School District should be consolidated with Cottonwood-Oak Creek School District, creating a newly unified K-12 district, without the duplication of many administrative and support staff services.
“The estimated cost savings can and should be re- allocated to the classroom, where those dollars should be invested. In a state where our teacher salaries rank 49th nationwide, whatever efforts can be accomplished, including consolidation, are steps in the right direction for our teachers,” the committee stated. “This is what is best for our students to increase student achievement. It also is best for our families, businesses and community members.”
The plaintiffs heralded Mackey’s decision. Mingus Superintendent Mike Westcott, who was a plain- tiff alongside the Mingus board as a private citizen and former teacher before he became the district’s top administrator, wrote in email:
“Our position all along was that the committee’s motion for relief should be denied, and that’s what Judge Mackey ruled,” the plaintiffs stated. “We also agree with Judge Mackey regarding the fact that if the committee proceeds to petition for an election in 2020, they do so without the agreement of the plaintiffs that they will not challenge the forms approved in the Stipulated Judgement.”
