As reported in today’s edition of the Moscow-Pullman Daily News.
Moscow dentist is willing to make deal with school district;
Superintendent calls tactics 'blackmail'
Confusion surrounding recent developments in a lawsuit filed against the Moscow School District by Moscow dentist Gerald Weitz has people wondering what Weitz's next move will be.
The recent ruling by Second District Court Judge John Bradbury opens the possibility for any school district patron to file an injunction against taxes collected for an increase to the district's indefinite supplemental levy.
Bradbury declared the school district's March levy election "null and void" Monday, a day before tax bills that included the increase were sent to patrons.
Latah County Prosecuting Attorney Bill Thompson said Bradbury could rule to withhold the money from the district if Weitz or another patron files an injunction.
"I'm not going to go after them to have the money withheld," Weitz said of the $1.97 million earmarked from the March election.
Weitz's lawsuit, filed in May, argued that the March election - approved by 56 percent of district voters - was illegal and invalid because it asked voters to approve an increase of $1.97 million but didn't state that the total amount certified would be $7.6 million.
Bradbury sided with Weitz on that issue, but deferred his written judgement and gave the district six weeks to correct the ballot language and rerun the election. The school district reran the levy election Nov. 13, and the increase was approved by 57.7 percent of voters.
On Tuesday, Weitz reiterated his claim that the issue still can be resolved amicably.
"The district could simply talk to us and we'd drop the lawsuit, which would validate the March election and everything would go through," he said.
Thompson said the Idaho State Tax Commission included the $1.97 million increase on tax bills because it was certified before Bradbury filed his final judgement.
"I don't know what they're going to do from here," Weitz said of the district. "In order to avoid more, it would seem logical to me to simply have both sides come together.
"When we first alerted them there was a problem they refused to even talk to us."
Moscow Superintendent Candis Donicht said the district never refused to talk to Weitz.
"We have had several conversations," she said. "Early on we had a number of e-mails ... and of course once things are at the lawsuit stage the appropriate way to manage that is the lawyers interact on behalf of their clients."
Weitz said no one has expressly told him they plan to pick up the lawsuit and file an injunction.
"It's not something I've pushed at all," Weitz said.
Donicht said the district understands that someone could file an injunction and that it is an obvious concern.
"Any school official would be concerned because of the potential this has to pull resources from the district," she said. "People have voted twice. People want these resources spent for the benefit of the Moscow School District."
I think it would be fair to say that 2,065 people do not want these resources spent. It makes sense to me that MSD should follow the law.
Donicht said the recent turn of events is confusing to some people because the lawsuit was complex.
"It had multiple issues to address and this has transpired over a long period of time," she said. It "took a long time to get to the Oct. 5 hearing date and it involved several sections of the code. I think everyone understands we're filing new ground here."
State Rep. Shirley Ringo said she fielded calls from school district patrons all morning Tuesday who were confused about some of the media coverage surrounding Bradbury's final judgement and its relation to tax payments.
Ringo said she received numerous phone calls from people who "really just didn't understand where things stood right now."
"Some ... were afraid the judge was overturning our most recent vote, which thankfully isn't the case," she said. "I think we all hoped it was settled. I think Gerald Weitz intended to hold the district hostage and I think that's just what he's done."
Weitz has contended from the beginning that the lawsuit was never about money and said Tuesday it still isn't.
"In a lot of respects it's about local control and when you give a taxing entity money forever that takes a lot (of control) away from the patronage," Weitz said of the indefinite supplemental levy.
Weitz said he has requested attorneys fees from the district, claiming that the district caused his expenses to go through the roof.
He said the fee payment still hasn't been solidified, but that as far as he knows he's "entitled to some" money.
Donicht said the district does not feel Weitz is entitled to the fees.
"I think that statement speaks for itself, 'It isn't about money but I asked for legal fees,' " Donicht said of Weitz. "We didn't file the lawsuit, he did. We advanced an aggressive defense."
Donicht said the last time the district calculated its legal-fee expenditure it was more than $40,000.
"We have some insurance, but in the big picture these are taxpayer dollars as well," she said.
Weitz, a former Moscow School Board member, has long argued for the district to offer more professional-technical programs, more dual enrollment opportunities with the University of Idaho and more days of instruction.
Weitz said the reason he's so invested in "the kids who aren't going to college and for the kids who need dual enrollment" is because he has seen children in his dental practice who "have zero future (and) no skills."
Weitz said he's traveled enough to know that other countries "do not discard these children," which he feels is being done in Moscow.
The district could have its money, Weitz said, by simply getting together with him and engaging in discussion about offering these students more professional-technical programs and more dual enrollment.
Donicht said the process for approving curriculum lies in the hands of the elected school board and that no individual - herself included - can dictate curriculum.
"There's a governing body elected by the community to make those decisions," she said. "If 'do what I want or I sue you' is blackmail, then I guess" that is what it was.
Weitz contends he has never blackmailed the district by suggesting it offer more professional-technical courses.
"I'm offering them an out and it's a very efficient, clean out," he said.
Donicht said the district is "of course very, very disappointed with the judge's ruling."
"People worked very hard in a very short period of time to pass the November election," she said. "The voter margin of approval had increased, and now I don't think anyone can say they didn't know what was going on ... Our electorate has spoken twice."
Donicht said she has been able to find positives throughout the ordeal.
"Of course the good news is that in the long term our supplemental levy increase is in place for the '08-09 school year," she said. "It is only this year that is now in question."