“This is not a lawsuit,” said Daniel Schowengerdt, lead counsel for the USD 257 Board of Education, in a hearing Tuesday morning before Judge Robert Fairchild.
Maybe not, but it sure felt that way, as the young attorney rattled off case after case as to why local citizens Jim Gilpin and Fred Works should not be granted an audience before the judge.
At issue is the school district’s petition to review the will and trust of Thomas H. Bowlus, benefactor of our fine arts center, whose wish was that area school children be exposed to the arts in a superior setting.
The very fact that the board of education does not want the judge to hear public input, speaks volumes.
Surely, the broader the discussion, the better.
“This is not the right kind of forum,” Schowengerdt maintained, adding the school district has given local citizens “multiple” opportunities to voice their concerns.
No, it hasn’t.
Not once has the board of education held a public forum to discuss its questions put to Judge Fairchild. Not once have board members clued the public in as to what they have in mind by asking such questions, including whether they must remain as Bowlus trustees.
So up steps Gilpin, represented by an attorney, and Works, an attorney himself, to ask if they could give their two cents. Both have long histories of service to the Bowlus, Gilpin as an adviser to its investments; Works as a member of the Bowlus Commission, which serves in an advisory capacity to the school board.
Not necessary, Schowengerdt contended.
That’s what the guardian ad litem — hand-selected by Schowengerdt’s firm, Johnson & Schowengerdt — is for.
While in theory that may be true, in practice, Melissa Dugan, a Chanute attorney who specializes in divorce and paternity cases, has yet to set foot in the Bowlus, much less seek public input.
On Tuesday, Dugan said she had no intention of seeking public opinion, saying she would feel “conflicted” on the matter because she is representing the “community as a whole,” which includes members of the board of education.
So how can regular citizens state their positions if they won’t be heard?
THE WINDOW for public input may have closed Tuesday. Judge Fairchild ruled Gilpin and Works may file written briefs stating their concerns about the future of the Bowlus, but would not receive legal standing, putting them on par with Schowengerdt.
From there, the judge could decide to hear oral testimony at a public hearing, or not.
THE WAY to keep this from becoming adversarial between the school district and citizens at large is for district administrators and school board members to pledge their commitment to keep the Bowlus as a venue for education for area students, as Mr. Bowlus intended.
That peace of mind will buy infinite goodwill.
— Susan Lynn
