State says bond issue repeal not possible

The growing movement to stop the construction of a new Talawanda High School continues, despite confirmation that bond issues cannot be repealed.

Stop Talawanda School District, a political action committee formed by district residents, is continuing its work to repeal a 4.7-mill bond issue passed during last November’s general election. The issue passed by more than 600 votes, though the group attributes those numbers to heavy turnout from Miami University students at Oxford precincts.

Attorney Becky Princehorn, a partner at Bricker and Eckler LLC, said repealing a bond issue is simply not an option for the group. Repealing a bond issue would have incredibly detrimental effects on a school district, as Princehorn said lenders would refuse the purchase the district’s bonds ever again.

“They’d have a real difficulty getting market access,” Princehorn said. “You can imagine a situation where a tornado comes through and clears out a building and they need to construct a new one, but they wouldn’t be able to sell any bonds because the market views them negatively.”

A spokesperson with Secretary of State Jennifer Brunner’s office, confirmed that bond issues cannot be repealed by voters.

Mike Schnipper, an Oxford resident and member of the freshly-minted PAC, said the group’s efforts to repeal the bond issue on November ballots will continue for now. While he declined to provide the name of any attorneys the group is working with, he said they believe the bond issue can be legally contested.

“They attorney’s I’ve consulted with disagree,” Schnipper said. “This is something I think we’ve got to let the electorate decide.”

Schnipper said more than 43 petitions are already circulating through Reily Twp., with between 125 and 150 signatures already collected. The group needs at least 972 signatures by Aug. 20 to get on the November ballot, though they hope to turn in three times that number.

Stop TSD was scheduled to meet Thursday night, June 25, at the Hanover Twp. Community Center and plans another meeting Monday, July 6, at the Milford Twp. Community Center.

Talawanda Superintendent Phil Cagwin said he has always been aware that a bond issue cannot be repealed, but said the PAC could still attempt to stop the construction by suing the school district.

“I’m just frustrated that all of this simply diverts our energy when obviously we’re still working hard with our architects and construction managers to make sure we build the best high school possible,” Cagwin said. “We’re trying to do something good here. I just think their approach is divisive and will only serve to split the community.”

Cagwin said he encourages the PAC to work alongside state legislators to change laws if they’re genuinely concerned about the fairness of using property taxes, but said he is still not clear on the group’s main goal.

“If it’s a case where they’re simply angry because they have to pay taxes for anything, then that’s an entirely different issue,” he added.

Contact this reporter at (513) 523-4139, ext. 86102, or at rgauthier@coxohio.com.