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Board delays action on Eastman School sale amid charter, ballot-timing questions

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Summary

The Concord School Board discussed whether to place a proposed sale of the Eastman School on the ballot but did not finalize a plan after members raised questions about a recently passed charter amendment and legal timing for November ballots.

The Concord School Board debated whether to move forward with placing a proposed sale of the Eastman School before voters but did not take a final vote, citing questions about the city charter amendment’s interpretation and ballot deadlines. Board members discussed consulting legal counsel and deferred substantive action to a later meeting.

The issue arose during the capital facilities discussion after a public commenter raised concerns about how the recently passed charter amendment should be implemented. Charles Russell, a Ward 5 resident, told the board he believed the amendment requires voters to approve both the sale and the proposed use rather than simply authorizing the district to put the property up for sale. He urged the board to consult counsel and ensure the charter text online reflects the amendment.

The board considered a motion to table the sale until October so legal counsel could confirm the meaning of the charter amendment and the timing for getting an item on the November ballot. At the meeting members noted a tight timeline for ballot preparation and said legal counsel had advised there must be sufficient notification and required hearings before ballots can be finalized. Board members also reported counsel would be out of the country until around Sept. 15, which factored into scheduling concerns.

No final vote to place the sale on the ballot was taken at the Sept. 8 meeting. A motion to postpone consideration until October was proposed and seconded, but board members later concluded the motion had not been properly brought forward and agreed to consult legal counsel before moving ahead. The board directed staff to confirm the charter amendments are posted online and to return with counsel’s interpretation and a timetable for any ballot action.

The issue remains active; board members said they will seek legal clarification about whether the amendment requires a public vote on the sale terms and whether the district can list the property for sale before a voter approval process is completed.