Board declines $25,088 payment after dispute over lost band music

The Mill Creek Township School District board of directors debated whether taxpayers should cover a $25,087.75 bill from the Mill Creek Area Community Band for music the group says was lost or discarded during building renovations, then voted to reject payment.

The band informed the district that music kept at a school facility was missing after renovations, and presented a valuation for replacement. Board members discussed whether the band or the district bore responsibility and whether the district’s insurance should cover the loss. "I'm not in favor of approving taxpayer money for the replacement of these music sheets," said Mister Lindner, board director. "If it's worth $25,000, maybe they should have insured it and included receipts instead of just speculation."

Mister O'Toole, the district's finance presenter, said the district had submitted the claim to its insurer and that coverage was confirmed the afternoon of the meeting, subject to a $500 deductible. "We did turn it into our insurance company," O'Toole said, and that the insurer indicated coverage with a $500 deductible.

The board considered an amendment that would have run the claim through district insurance and limited the district's cash outlay to the $500 deductible. That amendment failed on a roll-call vote. On the subsequent vote on the original request to pay $25,087.75 directly to the band, the motion failed.

Board members cited several concerns in rejecting payment: the band's last inventory was from February 2011; the replacement estimate included items the band said were out of print; and longstanding facility-use practices and insurance requirements meant the band also had responsibilities. "Policy 707 is pretty clear on that when you go to rent," O'Toole said, referring to the district's facilities-use policy and the requirement for certificate-of-insurance uploads in the district's facility-request system.

Board members also discussed precedent and long-term insurance costs. "Even if our insurance is going to pay it, we're going to choose not to pay it? That's the suggestion?" asked Mister Winchell, board director, during debate; other directors countered that paying the claim now would still increase future premiums for taxpayers.

The board did not approve payment to the Mill Creek Area Community Band. The matter remained closed for that evening; board members discussed improving clarity around storage, facility use and insurance requirements going forward.

The vote followed extended public and board discussion during the finance and operations portion of the meeting, after which the agenda moved on to other items.