Broken Bow School Board recall election date to go before Custer County District Judge

Staff Writer

Documents have been filed in Custer County District County petitioning the court to set a recall election date for Broken Bow School Board member Carl French.

The petition was filed Friday, Oct. 6, 2017. Listed at the plaintiffs are Diane Scott, Jerry Scott, Sandra L. Wright, Gary Wright and Julie Foster. The Defendant is Broken Bow School District No. 25.

The petition states Drew Schendt, the primary circulator of the recall petition for French, filed 550 signature Aug. 18, 2017, with 454 valid signatures required. The Custer County Clerk subsequently found that 514 signatures were valid and the recall petition was found to be sufficient.

The Broken Bow School Board did not set a recall election date for French during a special meeting Sept. 18. Per Nebraska law, a recall election date is to be set no less than 30 days and no more than 75 days after notification is received by the parties.

The vote to set Nov. 14 as the recall election date for French failed on a three to three vote after a closed session during which the School Board reviewed a letter received from French’s attorney. At that same meeting, the school board set a recall election date of Nov. 14 for J.B. Atkins.

According to Aug. 19 comments by French, the letter from his attorney was based on Nebraska Statute 32-1309 which states “No recall petition shall be filed against an elected official within twelve months after a recall election has failed to remove him or her from office or within six months after the beginning of his or her term of office or within six months prior to the incumbent filing deadline for the office.”

The incumbent filing date for French is Feb. 15, 2018. The dates the petitions were filed was Aug. 18, 2017, three days into the six months prior to the incumbent filing deadline.

District Court Judge Karin Noakes has set a hearing for 9 a.m., Wednesday Oct. 18, 2017.