School baord to handle legal issue, says minister

S. PAUL VARGA Monday, June 16, 2008 Penticton Herald
As lawyers for the school trustee prepare to respond to the Penticton League of Sensible Electors’ legal challenge, Education Minister Shirley Bond says her ministry intends to let the local school board handle the issue. A date in Kelowna Supreme Court is set to be scheduled today in the group’s challenge to the Okanagan-Skaha school trustees’ decision to demolish both the Penticton Secondary School auditorium and gymnasium. Leading the challenge is Summerland lawyer and former mayor Tom Johnston, while the trustees will be represented by Geoff Litherland of the Vancouver firm of Harris and Co. The heart of the PLEASE challenge centres around their contention trustees should have followed the procedures for the disposal or closure of school assets. Further, the petition claims trustees were acting under the orders of Penticton city council to close the auditorium and gym which are both community assets, and that the community needs for an auditorium and gymnasium outweigh the students’ needs for parking.

Contacted Friday, minister Bond said she doesn’t intend to intervene in the matter. "The board says there has been significant community consultation," said Bond." They say they did offer the buildings for community use but that was not a successful discussion." While Bond agreed the buildings are community assets, the trustees have the authority to manage those assets as they deem necessary. "It’s unfortunate it has reached this level." Asked if the school district could retain the two buildings, Bond said "I’m not certain I’ve ever been asked that question. "Obviously (if the buildings remained) we would have to look at the future of the rest of the space." On Monday, school trustees confirmed it was going ahead with plans to demolish the two facilities despite the threat of a legal challenge. Late last week, the school district took steps to offer the seats in the auditorium for sale.