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Although Directors Gattenby and Sebren are no longer on the Board, this material is still relevant because of Director Daily's first lawsuit against the Board which is still pending.
At the May 19, 2021 Board meeting, Director Daily attempted to make accusations of violations against fellow Directors Gattenby and Sebren. This was similar to his action at the April 21st meeting in which he presented the Board President an envelope with charges against Director Berg, announcing that his action was done in a public meeting and should be entered upon the minutes and must be acted upon.
His action was ruled out of order by the Board President, based upon the rule in Robert's Rules of Order Newly Revised (12th ed.), which states at 63:11:
An individual member may not prefer charges, even if that member has proof of an officer's or member's wrongdoing. If a member introduces a resolution preferring charges unsupported by an investigating committee's recommendation, the chair must rule the resolution out of order, informing the member that it would instead be in order to move the appointment of such a committee...
Director Daily was asked if he wished to appoint an investigating committee and he declined. Since his action of presenting charges was ruled out of order and he did not appeal the ruling of the chair, the board president is under no obligation to do anything with the two envelopes delivered to him at the meeting. As public documents, he may not destroy them, but he is under no obligation to even open them, read them, or take any other action. (The exchange took 3:30 minutes and can be viewed on video of the meeting at timepoint 1:50:00.)
Director Daily has subsequently made the charges public on the Internet.
At the July 21, 2021 Board meeting, Director Daily introduced the following motion:
1. That the Board recognize that allegations of misconduct have been brought by Director Daily against several members, whose names will be omitted from the public record at this time. The allegations were delivered at the May 19th meeting.
2. That the Board President update the board on the response to the allegations of misconduct brought by Director Daily, including informing the board whether and when the internal counseling conversation occurred; and the content and results of that conversation.
3. That if the internal process for handling allegations of misconduct has not begun, the matter will be referred for investigation by a neutral outside investigator through the District risk pool.
4. That allegations of the Board President's own misconduct be referred for investigation by a neutral outside investigator through the District risk pool, as there is no ability for the President to undertake the internal process in relation to allegations about himself.
The motion was defeated after some debate. Only Director Daily voted in favor of it. Had the motion passed it would have reversed the chair's ruling on May 19th that the original allegations made were out of order. Since Director Daily's motion failed, the original allegations still stand as being out of order. Therefore no further action is necessary on the accusations and paragraphs 2-4 of Director Daily's motion are moot.
Director Daily also stated that Director Berg made Daily's allegations public on this website, which Director Berg denied. Director Daily disagreed with Director Berg's denial and claimed to have a "screen shot" as proof. Director Berg will continue to deny that the allegations were ever published on this website prior to October 2021, until such time as Director Daily provides proof otherwise.
(The motion and its disposition took 12 minutes and an can be viewed on the video of the meeting at 1:27:40.)
The allegations against Directors Gattenby and Sebren were later filed with the court in October 2021and are now available on this website here and here.
(For a previous incident in which Director Daily was asked by Director Berg to provide proof for his claims, see Getting the Facts Correct elsewhere on this website.)
Director Daily appealed the Board's July 21st decision to the Kitsap County Superior Court. See Daily v. SKSB [1] for additional information.
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