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Temporary restraining order blocks West Bonner Board of Trustee dissolution

The complaint argues a lame duck board should not make financial and contractual decisions for the district; the recall election results are certified September 7.

PRIEST RIVER, Idaho — A temporary restraining order prohibits the lame duck West Bonner County School District (WBCSD) Board of Trustees from making financial and contractually obligatory decisions as the board currently sits.

WBCSD voters recalled Board Chairman Keith Rutledge and Vice Chairwoman Susan Brown in a special election on Aug. 29th. The petition stated the trustees 'failed to uphold their oath;' 66% of Zone 2 voters supported recalling Brown, while 63% of Zone 4 voters supported recalling Rutledge. The trustees remain in office until the recall election results are certified on September 7th, according to the Idaho State Secretary of State's Office.

WBCSD planned to hold a board meeting September 1 with an agenda item to "dissolve current board of trustees," before turning the meeting over to Superintendent Branden Durst for "nominations and elections for chairmen."

A magistrate judge signed the restraining order, filed on September 1, prohibiting this meeting and any potential dissolution. The restraining order's complaint details concerns irreparable financial harm, and open meeting laws.

Priest River-based lawyer Katherine Elsaesser filed the restraining order on behalf of two WBCSD residents; each one lives in a zone represented by Brown and Rutledge. The order was also filed, "collectively on behalf of the 1,386 voters who voted in favor of recall, and on behalf of the West Bonner County School District."

The restraining order is set to have a hearing on September 12; however, the complaint will no longer be relevant to prevent a lame duck board after the certified election results remove the recalled trustees on September 7.

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