One month after an Alexandria judge declared the election of Joe Aguillard as Louisiana College president to be valid, plaintiffs in the case have announced they will appeal the matter.
One month after an Alexandria judge declared the
election of Joe Aguillard as Louisiana College president to be valid,
plaintiffs in the case have announced they will appeal the matter.
The decision means the case challenging the election
of Aguillard now will go to the state’s Third Circuit Court of Appeals
in Lake Charles.
It also means the matter could end up in the Louisiana Supreme Court.
At issue in the case is whether Aguillard was
properly elected as Louisiana College president in a January 17 meeting.
A group of college alumni and supporters – including
one retired faculty member who was involved in the presidential search
process at one point – filed suit following that election, charging the
process violated school bylaws and procedures.
The case was argued before Ninth Judicial District
Judge Dexter Ryland, who acknowledged in a March 17 ruling that the
election Aguillard did not follow established procedure at every point.
However, he also ruled the election was valid.
Last week, plaintiffs attorney Jay Bolen of
Alexandria informed the Baptist Message the matter would be appealed.
The issue dates back to last March, when then-LC
President Rory Lee announced his resignation. A search committee was
formed according to procedure established in school bylaws.
That committee eventually proposed Southern Baptist
educator Malcolm Yarnell of Texas, who was elected on a divided vote.
Yarnell attended school functions as president-elect, but contract
negotiations with trustees eventually broke down – and Yarnell withdrew
from consideration.
Trustees then entered into debate about how to
proceed with the search. Some argued the original search committee had
to remain in place until a president was in office. Others argued for a
new committee.
Eventually, a “blended” search committee was formed
with members of the old search body and new trustee leaders.
At the same time, Aguillard was nominated from the
floor as president. In response, trustees directed the blended search
committee to interview Aguillard and present him to the board for
action.
All but two members of the original search committee
balked at the move and boycotted the process. Remaining members of the
blended committee interviewed Aguillard and presented him for election
on January 17. Then-interim President John Traylor also was nominated.
Aguillard was elected 17-13.
In the subsequent suit, Bolen argued that the 17
trustees who voted for Aguillard should be made to follow established
school bylaws. He rejected the idea that nominations for president
could be made from the floor, saying the bylaws outline a clear search
process to be followed.
Attorney Brad Drell spoke in defense of the
trustees, saying they had operated as allowed by Robert’s Rules of
Order.
In his subsequent ruling, Ryland agreed that
Aguillard was not nominated by the procedure outlined in Louisiana
College bylaws. Nevertheless, he said Aguillard was
nominated from the floor by a valid trustee – as allowed by Robert’s
Rules of Order – and received a majority vote.
Ryland noted there is no bylaw prohibition against
such floor nominations. As a result, Aguillard was duly elected.
In announcing the decision to appeal, Bolen said two
main points would be emphasized – that trustees cannot ignore
established procedure and that nominations cannot be made from the
floor.
“You have a procedure that you need to follow,” he noted. “And it was not followed in this particular case.”
Bolen said the school cannot operate from the
standpoint of allowing whatever is not prohibited in the bylaws – such
as nominations from the floor. Such an approach would lead to chaos, he
said.
Trustee attorney Brad Drell of Alexandria disagreed with the viewpoint.
“I do not feel the appeal has any basis,” he said.
“We had a clear ruling from the judge on the merits. And I don’t expect
the Third Circuit to reverse.”
Whatever happens at the Third
Circuit level, there is only one remaining option – appeal to the
Louisiana Supreme Court, which may or may not choose to hear the case.
When asked, Bolen said the case could end up before
the state Supreme Court. However, Drell said he would not expect the
state high court would take up the matter, since the facts were so
clearly outlined and leave little room for doubt.