HUNTINGTON – Over the last several meetings, the Gateway Regional School Committee has had to postpone action on several items and consult their attorneys on others due to the uncertain status of their lawsuit against the town of Worthington and the Commonwealth over the town’s withdrawal from the district.
On October 22 in Hampshire Superior Court in Northampton, Judge Bertha D. Josephson heard a motion to dismiss the lawsuit and injunction on Worthington’s withdrawal from the Gateway Regional School District. The motion to dismiss was brought by the town of Worthington and the Commonwealth of Massachusetts who asserted that the plaintiffs had no standing and no legal basis. At the time, Judge Josephson took the matter under advisement, and said she would return with a written decision. To date, there has been no word from the court.
Among the items that were postponed at Wednesday’s meeting was a letter requested by the town of Blandford addressed to state auditor Suzanne Bump asking that Worthington’s withdrawal be considered an unfunded mandate, which would allow Gateway to seek ongoing mitigation funds. At the last meeting, Superintendent David B. Hopson said he would run the letter by the school district’s legal counsel. No action was taken at the School Committee meeting on sending the letter, due to the uncertainty of the lawsuit.
Suggested amendments to the regional agreement, which currently has seven towns including Worthington listed as members, was also stalled.
Hopson asked the School Committee at the meeting to consider amending the language surrounding withdrawals, to state that member towns would be responsible for paying their share of OPEB (Other Post-Employee Benefits) and Hampshire County retirement. No such agreement was negotaited with Worthington before the state allowed them to withdraw.
Another change the School Committee would like to make is to the dates for billing and percentages of payments by the town for their contributions to the school to four equal payments of 25 percent. This matter has been run by most of the town governments who are in agreement.
The Department of Elementary and Secondary Education (DESE), which has taken over control of the district for the remainder of the fiscal year, has stated that no other amendments may be made to the regional agreement until the district comes into compliance with “’one man, one vote.”
Gateway has been out of compliance with the U.S. Constitutional provisions for “one man, one vote” since it formed in 1963. Currently, the school committee has 15 members: three seats from Huntington, Chester and Russell, plus two seats each from the towns of Blandford, Middlefield, and Montgomery. These seats do not accurately reflect the populations from each of the six towns. The town of Worthington also had two seats on the School Committee and is still listed in the regional agreement.
In the past, Gateway has proposed changing to a senate model, which would call for two representatives from each town who must be residents, increase the term to four years (it is currently three years), and put all candidates on the election ballots of all member towns at biennial state elections.
Another option, the weighted option, would weigh the votes of committee members according to the population of the town that they represent. There are three other legally approved options which are not currently in use in Massachusetts, according to the district’s legal counsel in past statements.
In order to be in compliance, the changes have to be approved at the annual town meetings this year for November elections. Otherwise, the matter will have to wait two more years.
“We can’t add anything to it until we change it to a six-town agreement and we’re in limbo,” said Ruth Kennedy of Russell, who is also a pro se plaintiff in the ongoing lawsuit.
“Strangely enough, Ruth, I would agree with you,” Hopson said. “You almost have to wait for the lawsuit.”
DESE, who is asking for the change in the regional agreement, is also named as a defendant in the lawsuit.
