SIERRA VISTA — A lawsuit filed Friday alleges the Sierra Vista school district has not followed the law in its pursuit of a new budget override.
The lawsuit, filed by attorney Sidney Kain on behalf of Sierra Vista residents Anthony Wenc and Ron Murray, alleges the district has failed to adopt and make public a budget for the 2009-2010 school year, and that it hasn’t provided a copy of such a budget to the state superintendent of schools.
The document filed lists Cochise County school Superintendent Trudy Berry and the Sierra Vista school board as the defendants.
“There is no statutory authority for the board’s action taken on Aug. 5, 2008, ordering an override election on a proposed budget that has not been submitted to the district residents or taxpayers for their review and comment,” the document reads. “If such budget is subsequently approved by the voters, plaintiffs and others similar situated will have been denied their right to provide review and comments …
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“As a consequence, plaintiffs will be irreparably injured in that they will be required to pay taxes to support a school budget that they had no opportunity to review or comment on in a public forum.”
In the documents filed with the Cochise County Superior Court office in Sierra Vista, Wenc and Murray requested a preliminary injunction be granted to keep the override off the ballot until a ruling is made on the lawsuit by a judge.
Murray, in a phone interview Friday evening, said he would have no problems with an override if he felt it were valid.
“The problem with this override is that it’s based on an alleged budget for next year, not for this year’s budget,” he said. “They do not know what the financial situation from the state for 2009-2010 will be, they’re making an estimate.
“I haven’t seen anything that indicates to me that they have done enough to demonstrate that there is a real need (for an override) … particularly when we’re looking at a year out.”
Wenc and Kain did not immediately return requests seeking comment on Friday afternoon.
Sierra Vista schools Superintendent Brett Agenbroad said it would be impossible to approve next year’s budget now, and said the district has followed the law in pursuing an override.
“We followed the law according to three very knowledgeable bond attorneys who we used as consultants through this whole (override) process, and the (Arizona) Department of Education finance people we referred our questions, too,” he said. “The Murrays and the Wences have interpreted the law as they have interpreted it, and they are apparently going to have to have a judge convince them, or not, that we have followed the law.”
“There’s no way we could adopt next year’s budget,” Agenbroad continued. “We developed what we were supposed to: A proposed budget if it (the override) passed and if it didn’t so the board would have some guidelines.”
Agenbroad alleges that in the court documents, Wenc and Murray’s attorney was “very selective” in the lines of the referenced laws he used — A.R.S. 15-481 and A.R.S. 15-905 — and took them “out of context.”
Agenbroad said he also doubts the injunction will be successful, as the early ballots were being delievered to the printer on Friday or Monday, according to what he was told by the Cochise County Attorney’s Office. Early voting starts Thursday.
“I’m assuming the ballot question will be on the November ballot irregardless of what they filed today,” he said, adding Wenc and Murray waited too long to file a challenge.
Murray said it took time to compile information and determine whether a lawsuit should be pursued.
“You just don’t jump forward taking action,” he said. “You have to try getting remedy through other action.”
Wenc, with the support of Murray, filed a lawsuit against the override currently in place — which the district is seeking to replace with the override that will appear on the November ballot — in June 2004 after it was approved by voters.
In that lawsuit, Wenc requested the vote be nullified because he alleged the school district did not advertise its budget as prescribed by law, did not send all registered voters an informational packet and opened at least one polling place at 5:16 a.m. — 44 minutes before the official 6 a.m. start time.
Wenc’s 2004 lawsuit was not successful. Murray said it was so because it was filed too late.
“Although the rationale may have been reasonable, the fact that it was not filed in a timely manner” affected the outcome of the case, Murray said.
Sierra Vista school board member Hal Thomas said it’s “frustrating” to have lawsuits filed against the overrides, and he wishes the parties involved would choose a different way to fix what they perceive as problems.
“I think if these people are so interested in making sure the school district operates fiscally the way they think it should operate, they should have gotten their petitions in and run for the (school) board,” he said, pointing out three seats had been up for re-election had anyone chosen to run against the incumbents. “If they had been serious about this, they would have gotten on the ballot instead of sitting back and taking cheap shots.”
HERALD/REVIEW reporter Katie Evans can be reached at 515-4611 or by e-mail at katie.evans@svherald.com.
ABOUT THE OVERRIDE PROPOSAL
The Sierra Vista school board is pursuing a 9 percent budget override in the Nov. 4 election.
The current override, which is in its fifth year, is a 10 percent override that will decrease to 6.6 percent next year as it enters its sixth year and 3.3 percent in its seventh year. This means, if a new override fails, the tax rate would decrease from $0.7033 to $0.60 per $100 next year.
The 10 percent override is generating an additional $3,113,086 for the maintenance and operations budget. A drop to 6.6 percent would generate $2,159,650, while the 9 percent override the district is pursuing would generate $2,915,527.
ON THE NET
To see the documents filed by Anthony Wenc and Ron Murray, log onto http://www.svherald.com/documents/wenc_murray.pdf

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Michael Schwers wrote on Oct 24, 2008 4:32 AM: