SV override issue goes to court on Tuesday

Published/Last Modified on Monday, Oct 13, 2008 - 05:16:56 am MST

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Herald/Review staff report

SIERRA VISTA — A lawsuit aimed at having the Sierra Vista school district override measure taken off the ballot will have a day in court this week.

Judge James Conlogue in Division Five will be hearing the case at 10 a.m. on Tuesday in Bisbee.

In the case, plaintiffs Anthony Wenc and Ron Murray allege the school 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 Schools Superintendent Trudy Berry and the Sierra Vista school board as the defendants.

School officials argue it is not necessary or possible to approve a budget for 2009-2010, and say they have done what was legally required to pursue to override.

In the documents filed with the Cochise County Superior Court office in Sierra Vista on Sept. 26, Wenc and Murray requested a preliminary injunction be granted to keep the district’s override request off the ballot until a ruling is made on the lawsuit by a judge.

Early voting has already started, with the override on the ballot.

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Budgeter wrote on Oct 14, 2008 11:22 AM:

" The way the school system works is not to budget ahead. First see how much money you can get, and then come up with a budget to spend it all. "

To SV Educator wrote on Oct 14, 2008 9:21 AM:

" Special education has all the resources and money it wants. It is the average student that is losing out whether the override passes or not. Why don't we take some money that is being spent on sped thanks to NCLB, and pay for things that the other students deserve to have? Then there qould be no need for an override. "

Now or Later wrote on Oct 14, 2008 6:49 AM:

" Hey, "I agree," love your analogy! Can pocket knives be purchased by the case? Might need to go shopping. "

wont pass anyways wrote on Oct 13, 2008 10:25 PM:

" leo you answer your own question. If the district has no 2009/10 budget to show voters, how can voters grant an increase to something that does NOT exist? "

no doubt wrote on Oct 13, 2008 8:13 PM:

" There has been much hand-wringing about this. The district has a team of lawyers that they consult before they are cleared to put the override forward for a vote. Do you think a couple of backwards nobodies (Wenc and Murray) have it right? Laughable. It'll be thrown out, not because the judges are "small town," but because it's a frivolous lawsuit. Thanks for wasting more time Wenc. "

Happy Pagan wrote on Oct 13, 2008 7:35 PM:

" To "School Marm" - children need to be education, I agree. Where does it say, however, that education includes free transportation and breakfast? Get back to basics and use the huge savings toward for teachers in our classrooms (which has had a declining classroom ratio compared to state and national averages). Get back to education, School Marm, and you'll have support. "

Right On wrote on Oct 13, 2008 6:38 PM:

" Sierra Vistan, I agree with you. Too bad you don't know what you talking about as your writing to the newspaper. "

Yes it can wrote on Oct 13, 2008 6:35 PM:

" A budget for 2009-2010 most certainly could have been developed. Other business enties develop budgets for multiple years. Just takes a little work and knowledge of how to build a budget. They know what this year's budget is, they know that the law provides for an annual increase in finding of 2% and they can project costs increases based on prior years. If they don't have a budget then how do they know that 9% will bring in enough extra funding?? SWAG?? How did the Super know that they would be short by a certain amount next year without one? "

leo wrote on Oct 13, 2008 3:19 PM:

" How can Wenc and Murray possibly think they can get an injunction on the grounds the district has not submitted a budget for 2009-2010 when the district isn't even responsible for an '09-'10 budget until July 1, 2009? This is a ludicrous waste of time and energy. If all has been promoted legally, let the voters decide. "

Sierra Vistan wrote on Oct 13, 2008 2:08 PM:

" Education is so important. We as Americans need to better educate our children, so that they know what they are talking about when they file lawsuits and write to the newspaper. "

Independent wrote on Oct 13, 2008 1:27 PM:

" There shouldn't be any question about procedures on the override. With the district planning this override for months, they should have had all the steps lined up and executed without question. The new Superintendent came in at the end of the process, unfortunately; I hope Humburg did her job adequately or Agenbroad's inherited another problem. The way the district mishandled notifying the public of the 7 day deadline to submit pro/con statements for the override's voter pamphlet, leaves me skeptical of both their ethics and professionalism. So, we'll see on Tuesday. "

School marm wrote on Oct 13, 2008 10:15 AM:

" What is wrong with the people of Sierra Vista? Children MUST be educated. Why jeopardize the education of future generations to save a few dollars on property taxes. After all, taxpayers paid for YOUR education. Also, the school district is correct. There is no way to build, let alone pass, a budget for 2009-2010. The schools don't receive information from the state until spring. You guys sound like selfish, grumpy old men. "

SV Educator wrote on Oct 13, 2008 10:15 AM:

" Imagine if your employer required you to perform certain tasks yet didn't provide the necessary resources or funding to perform those tasks, and even went so far as to audit your performance of these tasks----how would you do? That is the special education program for the state of Arizona. Tremendous requirements and little support. That situation requires the override. "

bad case of something wrote on Oct 13, 2008 8:54 AM:

" I like how the first commenter refers to the cost of educating children ... 'a bad case of something'. If you think education is expensive, wait till you see the cost of ignorance. There will be a rise in youth crime. Talented educators will leave the community. The local quality of life will suffer because few companies will want to invest in a community where education is a low priority. "

duh wrote on Oct 13, 2008 8:44 AM:

" "School officials argue it is not necessary or possible to approve a budget for 2009-2010" That statement says it all. How can the public be expected to grant a budget increase if no such budget exists? Just take the school board's word? I don't think so. Vote NO. "

I agree wrote on Oct 13, 2008 8:19 AM:

" It's truly like trying to kill an elephant with a pocket knife. It's going to keep coming over and over until the taxpayers are beaten into submission. The school system has no regard for the lowly taxpayers. These self-righteous people will continue to grind us into dust for the sake of the poor underprivileged kids. These kids with electronic devices and fancy cars. Once again, make the parents pay! "

what wrote on Oct 13, 2008 7:49 AM:

" It is impossible to adopt a budget for the next school year this early in the game. The budget is based on this year's expenditures and what the state will fund out. When preparing the override a tax impact statement is done by a financial co which the district must provide an estimated revenue control limit. What does Mr. Wenc and Mr. Murray do for a living? "

Concerned Citizen wrote on Oct 13, 2008 6:21 AM:

" Wouldnt it be nice if we had a judge that had the guts to take this ILLEGAL override off the ballots? "

Now or Later wrote on Oct 13, 2008 5:35 AM:

" It will be interesting to see how this lawsuit turns out. That being said, the voters are going to have to deal with this at some point. Even if Mr. Wenc and Mr. Murray win their lawsuit, this monster will ride again another day. Remember how the last one got through? Even if it's voted on, and voted down, it will keep coming back like a bad case of something.... "