Preview:
The following dates and information reveal the relationship between
former Missoula County Public School Trustee Naomi Kimbell and the Missoula
International School, the current tenant of Prescott School. As the district has now obtained an appraisal
of Prescott School (September 29, 2008) and is discussing the lease of the
school and perhaps a future sale, the information in this document becomes more
relevant. The question to ask is this: Were trustees using sound reasoning,
professional demographic information, and simple common sense and to help them
with the decision-making process during the closing of three northeast Missoula
schools and the subsequent leasing of Prescott School in 2004? Or perhaps other less honorable factors and
possible illegal actions played a role in the outcome of this closure/lease
scenario, which if so, would ultimately serve to weaken the argument for
continuing the lease of Prescott School past 2009 (term of expiration) and
indeed the sale of Prescott School.
Summary: While
serving on the Missoula County Public School Board of Trustees, Trustee Naomi
Kimbell, joining three fellow trustees, voted to close three schools on March
24, 2004: Rattlesnake Middle School and Prescott School located in the
Rattlesnake Valley, and Mount Jumbo School located in East Missoula (vote was
4-3). At the June 8, 2004, School Board
meeting Trustee Kimbell joined three fellow trustees and voted to lease
Prescott School to the private Spanish emersion school, Missoula International
School (vote was 4-1 with 2 abstaining).
The closure issue was repeated at the July 13th Board meeting
in response to an Open Meeting Law lawsuit filed within a month after the March
school closures and, Kimbell voted again to close the three schools joining five
fellow trustees with three new board members , with a 6-1 outcome favoring
closure. Subsequently, as reported in a
Missoulian article August 3, 2004, Kimbell became employed as executive
director of Missoula International School, ultimately taking advantage of her 3
votes on this issue. A quote from the
above article states, “While on the board, Kimbell was part of the
decision-making process to close Prescott
School and also to rent
it to the Missoula
International School .”
Time Line:
1. May 2002 - Naomi
DeMarinis (later Naomi Kimbell) was elected to the Missoula County Public
School Board. In 2003 the Prescott
School closure issue went before the school board with Kimbell voting for the
closure prior to the May School Board election; however after the election she
joined other pro-Prescott trustees and a new trustee, changed her mind, and
voted against the closure (vote was 5-2).
2. March 25, 2004 – Four
of seven trustees including Trustee Naomi DeMarinis (Kimbell) voted to close Rattlesnake
Middle School, Prescott School, and
Mt. Jumbo School at l:30 a.m. (vote was 4-3).
3. Lawsuit filed
against Missoula County Public Schools due to Open Meeting Law violations by
plaintiffs Molly Moody and Allan Oines (date unknown - however plaintiffs filed
within 30 days after the March 24, 2004 closure decision.)
4. April 21, 2004 – Missoula International School
sent a letter to the district requesting to lease school space. Sentences in the letter read, “MIS
understands that some educational space may be available in the Missoula County School District . Specifically, MIS is interested in leasing Prescott Elementary School for a minimum of two years. MIS would welcome the opportunity to discuss
the terms and conditions of leasing Prescott Elementary with the Finance and
Operations committee and /or the MCPS Board of Trustees. We
look forward to reaching an agreement that benefits MCPS, MIS, and the Missoula community.”
*Note: Leasing public school
space to a private school does NOT benefit the public school system as private
schools are in direct competition with public schools. Additionally, a lease- especially a long term
lease- harms the Missoula community as it diminishes classroom capacity
throughout the school district making the school unavailable when needed for
Rattlesnake Valley children and other district needs. However, a lease definitely benefits MIS, as
they lease a valuable school, which the private school could NEVER have
obtained in the private sector.
5. April 27, 2004 - MCPS
Finance and Operation Meeting - Agenda item - Request by the Missoula International School
to lease Prescott
Elementary School . -
Background Information (listed with agenda):
Missoula International School
has submitted a letter indicating an interest in renting all or part of Prescott School for the 2004-2005 school year.
Attached is a copy of the letter for discussion. Administration recommendation: None at this time. Also in question was whether MCPS needed to issue a formal RFP
(Request for Proposal). An RFP was
deemed prudent by Bruce Moyer, the Business Director, and he recommended a 2-3
month time span. While discussing the
potential lease of Prescott
School to Missoula International School ,
Trustee Kimbell’s comment and question were: “Ms.
Kimbell would like to move forward with leasing Prescott School
to the Missoula International School . She
asked if they would maintain the building and grounds.” It was stated that Missoula Catholic Schools
maintains the buildings and grounds, including custodial, at the Roosevelt facility.
*Note: There is a discrepancy between the MIS letter
and district records as to the length of time requested for a lease. As listed above in #4 the Missoula International
School sent a letter on
April 21st to the MCPS offices expressing interest in leasing Prescott School for a minimum of two years.
The district records as stated above state that the private school
requested a lease for the 2004-2005
school year. This discrepancy
would have not been noticed by citizens that did not receive a packet for the
meeting. In fact, a citizen asking the
district for a copy of the MIS letter a few years later and was surprised at
this discrepancy as she had printed a flyer with erroneous information because
of it. This discrepancy was perhaps
unintentional; however it conveys that the private school wanted a longer term
lease than described in district records.
6. May 4, 2004 -
Missoula County Public Schools School Board Election – There was three open
seats on the ballot. Two incumbent
trustees who voted against the closures, Trustees Suzette Dussault and Colleen
Rogers, ran but were not re-elected. Another incumbent trustee, David Merrill,
who voted for the closures, chose not to run for re-election. Marlene Hutchins also ran unsuccessfully for
a position. Three citizens who ran as a
team were newly elected to the board: Toni Rehbein, Joe Toth, and Scott
Bixler. *Note: Trustee Merrill ignored a mandate of keeping
neighborhood schools open established when first elected, as he was elected to
re-open Prescott School in 2001!
7. May 11, 2004 - Missoulian
article by Jane Rider – “Trustees to discuss renting to Missoula International
School at meeting tonight.”
8. May 11, 2004 –
monthly MCPS School Board Meeting – Reorganization of Board of Trustees –
Sentences from the minutes state:
“Trustee Bellin nominated Trustee Kimbell for the Chair position based
on her experience in the process of involving the public. Kimbell declined the nomination to be chair of the
Board. She thanked Bellin for the vote
of confidence. Bellin concerned about having Harrison as chair again
given litigation pending and processes involving public. Said she is concerned
about propriety of chair actions in regard to e-mail sent to school full of
teachers with false information about Bellin’s positions about issues on which
she was voting. Bellin asked Harrison to
abstain from the position. Harrison was
elected chair of the Board for the next year.”
9. May 11, 2004 -
monthly MCPS School Board Meeting - Agenda Item: Request of Missoula International School
to Lease Prescott Elementary School – The school board discussed renting
Prescott School to Missoula International School. Trustee Bellin urged the trustees to allow 6
weeks for the RFP process. Bellin moved
to offer RFP’s with return date of three weeks time and two weeks time for
consideration by the Board and public input, Kimbell seconded the motion. Quotes
by Trustee Kimbell from the minutes state:
“Kimbell
said would be July meeting when Board would be making a decision and that would
truly be too long to expect MIS to wait.
Maybe school district could do different advertising of RFP and move
quickly.” and Kimbell asked if a motion should
include a special meeting date of Tuesday, June 15, 2004. and “Kimbell said do not believe making decision two days after
the June 8 meeting is much different from making a decision at the June 8
meeting. Kimbell in favor of making
decision by June 8. Believe it would
become obvious very quickly if there will be any dissension about leasing to
MIS.” and “Kimbell said
Moyer brought up good point of difference between market values and value for
having a school in our building. Want to
do whatever makes sense for our District. If there were other
interested parties, probably would have heard from them by now.” The minutes also state: “Bruce Moyer, Director of Business Services
recommended that the Board and administration offer RFP’s to educational institutions only with a
time line so that response and analysis may be presented at June 8 meeting.”
*Note: The RFP process was changed from Moyer’s earlier recommendation at the
April meeting of 2-3 months. Minutes of
this meeting reveal statements made to support a time period of 1 to 2 months
but finally whittled down to only 2 weeks!
Motion passed unanimously.
*Note #1: The above
quotes illustrate that Trustee Naomi Kimbell thought it was best to rush the
lease process and lease Prescott School at a low rate to an educational
institution rather than obtaining market value.
*Note #2: The Finance
and Operations Committee meeting was to be held on May 25, 2004, however, in a
rush to bring the issue to the June 8 board meeting, the F&O meeting was
changed to June 1, 2004.
10. June 1, 2004 –
Finance and Operation Committee Meeting – Agenda item: Results of Request for Proposal (RFP) for Prescott School - There were no comments by Naomi
Kimbell mentioned in the minutes. The
minutes read, “The F&O Committee recommends that the contract lease for
Prescott School be ready for presentation to the Trustees for discussion and ratification
at the June 8 Board meeting.” A
recommendation by Trustee Carol Bellin to include in the lease that the
District had the option to cancel the lease if other District programs have the
need for use of this building was ignored by Kimbell and other trustees.
*Note: While discussing
All-Day Kindergarten during a November 2006 Property Ad Hoc meeting,
Superintendent Clark stated that Prescott School was tied to a lease and would
not be available for this program!
11. June 8, 2004 –
Letter to the Editor in the Missoulian by Rattlesnake resident/math
professor David Patterson – Patterson’s letter explains that a lease of Prescott School had the potential to be
financially devastating to the district.
His main reasoning was based on two premises: the low lease rate of the school to Missoula International School
(The lease rate was $20,000 for the first 3 years and $30,000 for the last two
years, which averages out over 5 years to be $1.19/per square foot!) and the enrollment-based funds that would be
diverted from the public school system when students enroll in MIS. Patterson
stated that if even 5 students enrolled in Missoula International
School , due to its
location, the school district would not receive any revenue from the lease, and
could potentially lose tens of thousands or even hundreds of thousands of
dollars in future years of the lease. An
additional quote from the letter reads:
“Alternative uses of Prescott
that do not compete with the public schools should be explored first. Any agreement to rent to a private school
should be at a rate that provides clear benefit to the school district.”
*Note #1: David
Patterson’s letter details very succinctly the financial pitfalls of leasing a
public school to a private school. As the
board failed to set aside a separate meeting to discuss the lease, as suggested
by a minority member, the trustees, which included Trustee Kimbell (and the
public), were denied the opportunity to deliberate these very important ideas,
thus not fulfilling its fiduciary duties.
*Note # 2: Missoula
International School has doubled in size since leasing Prescott School leaving
no doubt that the district is losing the tens of thousands of dollars and could
possibly stand to lose hundreds of thousands of dollars over the life of just
the life of the 5 year lease.
12. June 8, 2004 -
monthly MCPS School Board Meeting - Agenda Item: Discussion and Ratification
of Contract between MCPS and Missoula International School for the Lease of
Prescott Elementary School - The motion was moved by Jenda Hemphill and seconded
by Trustee Naomi Kimbell. There were 5
affirmative votes for the ratification of the lease, including Kimbell’s, and 2
abstentions because of conflict of interest issues. Trustee Carol
Bellin first excuses herself from the vote as her son had once attended Missoula International School .
Subsequently, new Trustee, Toni Rehbein, excused herself from the vote
as she said she was once on the
board of Missoula
International School .
*Note#1: Public records reveal that Trustee Rehbein was President
in 1998 and 1999 and Vice President in 2000 of Missoula International School!
*Note #2 Trustees voted on the lease of Prescott School to
Missoula International School at the June 8, Board Meeting even though on the
agenda to be discussed later in the evening was the litigation of the school
closure decision. The results of this
litigation could potentially have reopened Prescott School!
13. June 9, 2004 - Lease
between MCPS for the lease of Prescott
School to Missoula International School
was signed by Chairwoman of the Board of Trustees of MCPS, Rosemary Harrison,
Executive Director of Business Services, Bruce Moyer, and Board President of Missoula International School ,
Marta Pierpoint (The lease was ready to sign the day after the board
meeting). A phrase in the lease states,
“The term of the lease shall be from August 1, 2004 through July 31, 2009 .” The term of the lease is for five years.
*Note:
MCPS was still in litigation in an Open Meeting Law lawsuit
concerning the school closures when it went forward with the ratification of
the lease of one of the schools involved in the closures!
14. July 13, 2004 - MCPS
School Board Meeting - Agenda item: Revisit
2004-2005 Preliminary Secondary Budget Decision of March 24, 2004
The
school closure decision was again brought up before the school board due to a
lawsuit addressing breaches of Montana Open Meeting Laws. The board, with a new make-up because of spring elections as
described above voted again to close the three schools with Trustee Kimbell
voting with the majority, standing by her March 24, 2004 decision. Motion passed 6-1 with Trustee Bellin
opposed.
15. July 20, 2004 - Missoulian
article written by Daryl Gadbow about the lease of Prescott School
to the Missoula International School
titled, “Private school leases Prescott .
Missoula International plans to add
fourth and fifth grades.” The
article was written one and one-half months after the lease was signed on June 9, 2004 (See #12 above).
16. August 3, 2004 - Missoulian
article written by Betsy Cohen titled, “MCPS trustee resigns; Kimbell says new
job could cause conflict of interest.”
The article discusses Kimbell accepting a new job as executive director
of Missoula International School
and that Kimbell thought it was best to resign from the MCPS school board for
conflict of interest reasons. Quotes
from the article state, “While on the board Kimbell was part of the decision- making
process to close Prescott and also to rent it to the Missoula International
School.” and “Her resignation takes effect August 12th, two
days after the board finalizes the 2004-2005 budget at its August 10th
Meeting.” Kimbell is also quoted as saying,
“Given that Missoula
International School
is an independent school, sometimes their interests are different from public
schools. If I’m going to be a leader in
public schools and in my new job, at some point both roles would come into
conflict. My interest is in being fair
to both.”
first (wording of minutes). Most open-minded board member on
this board. You helped us in some rough places.” And from Board Chairwoman, Rosemary Harrison,
“An ethical, wonderful person.”
NOTE: This page post for Prescott School Missoula was written in approximately 2008 and has been distributed to Missoula County Public Schools officials in a Board packet at the same approximate time. This page is one of the most important aspects of the Prescott School/Missoula International lease as it shows, the the opinion of psm the total corruption involved in this lease since 2004.
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