Analysis by legal experts over the Tuesday night votes leads to the following conclusion and that is that TUSD Administration and Legal are trying to pull a quick one over their bosses; the elected TUSD school board.
It is clear from Tuesday’s vote that 3 of the 5, a majority, of the TUSD school board did NOT want to object to Culturally Relevant Courses as stated in the Unitary Status Plan (USP).
Mark Stegeman said he would amend his motion (which member of John Pedicone’s staff wrote it?) by striking the last objection. “We can make that objection as a second motion.”
THEY VOTED ON THE OBJECTION AND CHANGED POSITION.
First, the USP and the District’s Objections were approved with the objection stated therein. Then the board considered the objection as a second motion and voted it down. That changed the board’s previously expressed position.
Arizona law is well-established that when a legislative body acts on two provisions that conflict, the more recent one controls. See Pima Co. v. Heinfeld, 134 Ariz. 133, 136 (1982).
Adelita Grijalva needs to stand up and say this!
Adelita indicated that she would vote no on the USP if it contained the objection.
She was offered the opportunity to vote separately on the objection and she accepted that.
The board revisited its previous position on the objection and voted it down. Stegeman was so concerned about the change of position that he wanted it to be by unanimous vote, not split.
He knew that the vote had a consequence.
They must notify Federal Judge Bury and the Parties that they have changed their position.