Special Meeting

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Oct. 28, 2003

Page 2


The special meeting of the Board of Trustees of School District No. 26, Lockwood Schools, Yellowstone County, was duly held at the Lockwood Board Room, 1932 U.S. Highway 87, Billings, Montana, on Tuesday, October 28, 2003, at 7:00 p.m.

Chairperson Tim Trafford presided. He led those present in the pledge of allegiance.

The following trustees and officers were present: Trustees: Gayle Walker, Tim Trafford, Teresa Stroebe, Becky Webber, Robert Guenther, Greg Bochy and Jim Painter, Superintendent Eileen Johnson, and District Clerk Diane Brook.


Discuss the issue of the legal department of the Montana School Boards’ Association joining the legal team representing Lockwood School District for Cause No. CV 01-183-BLG-RFC: Joe E McCracken and Leah K. McCracken (Plaintiffs) versus Lockwood School District #26, and Trustees: Robert Guenther, Tom Neujahr, Gayle Walker, Teresa Stroebe, and Becky Webber, individually and in their individual capacities as Trustees of Lockwood School District #26. (Defendants)

Chairman Trafford said due to the expertise and special training that MTSBA has in school law, he felt their joining Ken Tolliver would be good for the district.

Trustee Robert Guenther asked about the district’s insurance carrier paying for the MTSBA’s legal fees as well as those of the Tolliver law firm. The school’s insurance carrier agreed to pay the fees of MTSBA as part of defending against the McCracken lawsuit. Robert felt it was important to note that having MTSBA join would not be an additional expense to the district.

Eileen and Robert both advised that this case could have an impact statewide, especially in light of the fact that the trustees were sued individually, as well as in their capacity as a Board of Trustees.

Robert Guenther moved to retain the legal services of the Montana School Boards Association as co-counsel with Wright, Tolliver, and Guthals for the McCracken litigation.

Greg Bochy seconded the motion.

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Special Meeting
October 28, 2003

Mr. Trafford said he has the utmost confidence in Mr. Tolliver’s capabilities and he believes having the expertise of the MTSBA legal team would strengthen the district’s case.

It was the general consensus of all trustees that getting all the legal expertise possible is the best plan for the district’s defense.

Greg Bochy, Tim Trafford, Becky Webber, Gayle Walker, Jim Painter, Robert Guenther, and Teresa Stroebe voted yes. The motion passed unanimously.


Greg Bochy moved to adjourn the meeting at 7:09 p.m. Becky Webber seconded the motion. Greg Bochy, Tim Trafford, Becky Webber, Gayle Walker, Jim Painter, Robert Guenther, and Teresa Stroebe voted affirmatively; the motion passed unanimously.


__________________________________           ________________________________

         Timothy Trafford, Chairman                            Diane M. Brook, District Clerk

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