Petitions being drafted to recall 4 Prosser school officials. Here are the alleged charges

Some Prosser residents say they’re gearing up to recall four of their five school board members as the school district continues to reel from budget woes and the firing of one of its most popular employees.

During the public comment period at last week’s Prosser School Board meeting, Sunnyside resident Monica Flores-Niemeyer produced rough drafts of petitions she and local taxpayers intend to file with the Benton County Auditor’s Office.

“The recall of these board members is for the purpose of a new school board, to terminate for cause the contract of Superintendent Matt Ellis and the review of the other administrative positions,” Flores-Niemeyer, 51, said while fighting back tears. She has grandchildren among the 2,500 students who’re taught by the school district.

“I personally didn’t want any of this for you. Our community will be different,” she said.

The four board members to be named in the recall attempt are President Andy Howe, Vice President Jason Rainier, Peggy Douglas and Jeanie Aubrey.

If successful, that would leave only a sole member — Elisa Riley — on the board. She was voted into office last November.

Flores-Niemeyer said she would be comfortable with Riley appointing the rest of the school board by recommendation from her recall group.

The group of Prosser residents mounting the recall is named Prosser School District Recall2Restart.

At last week’s meeting, Flores-Niemeyer said the petitions include allegations of:

• Ignoring statutes that govern district school directors.

• Ignoring statutes that govern superintendent.

• Violation of union contracts between our district and its employees.

• Violation of the master contract between the school and Prosser Education Association.

• Ignoring school district policies and procedures.

• Ignoring statutes of the Open Public Meetings Act.

• Creating and approving employee contracts that result in a conflict of interest.

• Abuse of district policies, district procedures and the use of board resolutions for personal agendas.

• Allowing and encouraging administration to verbally or by email intimidate staff and their job security.

• Improper use of personal texts and email for discussion of school board agenda items and communications.

She said she expects to add more charges.

Flores-Niemeyer said the four board members approved a 32% raise for Ellis last year knowing that the district was in dire financial straits.

A “financial budgetary crisis” was declared just a few months ago as the district continued working through a budget shortfall. The shortfall has largely been caused by a tweak in the state’s education funding model in response to the McClearly decision, which has strained budgeting for the district in recent years.

Kevin Lusk, a longtime and beloved district employee, had his position as athletic director eliminated as part of cost-saving measures.

Flores-Niemeyer also alleges that the school board members violated the state’s Open Public Meetings Act by meeting one-on-one with the superintendent to discuss the budget, though that appears permissible.

The Tri-City Herald reached out to the four school board members by email last week about the draft recall, but has not heard back.

In an email to the Herald, Ellis said the district is still considering cutting five classified staff positions. So far, they’ve reduced teaching staff and deferred filling positions, mostly through retirements and resignations.

The district still has a budget shortfall of “hundreds of thousands” of dollars that still needs to be resolved, Ellis said at last week’s meeting.

How does a recall work?

A recall election allows voters of a tax district to decide whether or not they believe an elected official should be forced out of office based on their actions or alleged misdeeds.

Although Benton County voters chose overwhelmingly last year to oust their sitting sheriff, recall petitioners have several hurdles to overcome just to get to the ballot.

Recall2Restart is currently drafting petitions describing alleged “misfeasances and malfeasances” of the school board members. Flores-Niemeyer said they’re hoping to get the initiative on an election sometime in early 2023.

But before that happens, a Superior Court judge must determine if the four ballot synopses meets the state’s standards for recall. That determination usually comes about 30 days after petitioners submit their documents to the county auditor for recall.

If at least one of the charges is approved, the process can move on to signature gathering. If enough signatures are gathered, then the recall can move on to an election.

Elected officials do have a right under state law to request to appeal the Superior Court’s decision on the ballot synopsis and have the Washington State Supreme Court review the decision. That was the case recently in the ongoing attempt to recall three Richland School Board members.

Like all elections, the Prosser School District would have to pay to put a recall initiative on the ballot. That cost varies and depends on if a special election has to be called, the Benton County Auditor’s Office previously told the Herald.

Flores-Niemeyer said she didn’t get involved in the business of the school board until word that Lusk was fired got out.

As athletic director, he was paid an annual salary of $139,305. Many said this move would make Prosser the only 2A school in Washington state without a dedicated athletic director.

“I personally realized that at some point you have a decision to make. You’re either the person who comes to those meetings and just bitches, or you take action,” Flores-Niemeyer said.

She feels like they have enough support in the Prosser community to successfully recall the board members.

Half-time athletic director

The district opened up hiring for a half-time athletic director, half-time teaching position for a couple days recently.

Unlike most athletic director positions, which are covered by a local levy, this new one would be funded mostly with state dollars.

The candidate who’s hired will receive a total annual salary of $119,000. That includes a stipend of $20,000 for their work as high school athletic director.

Kyler Bachofner, a coach and head of the Prosser Coaches Association, said last week that he was against the new model and said it doesn’t consider additional costs, such as going to state competitions.

The district should reconsider its decision to eliminate Lusk’s position, he said.

“Quite frankly, the decision by the district to eliminate the athletic director has taken a very high toll on our community — the community that we’re here to serve,” he said.