CCS, ESU remain at odds over bill payment for services

    Attorneys for Chase County Schools and ESU 15 have traded letters recently in the ongoing battle between the two over bill payment for services provided by ESU.
    At a special CCS board meeting Aug. 30, a motion passed 5-1 to pay the disputed ESU 15 invoices provided they include the documentation of services CCS Supt. Adam Lambert wants, with an attached letter from the school’s attorney.
    According to an Aug. 16 letter from ESU’s attorney, Justin Knight with Perry Law firm, CCS owes a balance of $168,852.70 from the original 2020-21 contract of $276,208.57.
    Earlier this year on March 13, the ESU stopped providing services to CCS, which include special education, after it had not received payment.
    Supt. Lambert has stated the school district wants more detailed billing statements from the ESU and would withhold payment until it gets them.
    A letter from the school’s attorney, Karen Haase of KSB Law, states: “In order to pay all the sums which the Unit asserts are due and owing, the Unit must simply provide invoices identifying—name of service provider, name of student being served, description of service(s) provided and number of hours/minutes of services the named student received.”
    Lambert said Tuesday the board gave him authority to pay the ESU bills once proper documentation is submitted.
    He said that had not been done by Tuesday, so the invoices remain unpaid.
    Both attorneys referred to the potential of litigation in their letters.
    ESU’s attorney Knight wrote if payment wasn’t received by Sept. 8, “then the ESU will proceed with a lawsuit against Chase County Schools for breach of contract.”
    Knight said he is confident the court would also award 12% interest per year on the balance owed, and the ESU board has directed him to seek attorneys’ fees and expenses, as well.
    Haase wrote that she agreed it would be disappointing if the matter couldn’t be resolved without litigation.
    “However, if this matter ends up in district court, it will be because the Unit providers failed to adhere to educational best practices and stubbornly refused to provide billing statements” as communicated by Supt. Lambert.
    ESU’s Administrator Paul Calvert said in a March interview that no other school in its service area has asked for the itemized invoices that Lambert has.
    During the discussion Aug. 30, board member Jeff Olsen offered an amendment that was identical to the one that passed 5-1, but did not include that the letter from the CCS attorney be attached.
    Olsen’s amendment failed on a 4-2 vote, with he and Carrie Terryberry supporting the amendment.
    Olsen voted against the motion that was passed 5-1 to include Haase’s letter. Terryberry, Karl Meeske, Willy O’Neil, Steve Wallin and Linsey Foote voted for it.
    The CCS board of education has met in closed session several time the past few months on potential of litigation.
    At the Aug. 30 special meeting and Tuesday this week, the board again met in closed session “to discuss strategy, receive legal advice and take action on pending, imminent or threatened litigation” for about 35 minutes.
Other business
    Other business was also conducted at the Aug. 30 special meeting, including end-of-fiscal-year budget transfers and contracts for concessions with the Parent Teacher Organization and Pom Poms.
    The board approved the transfer of $500,000 to the depreciation fund and $60,000 to the activity fund in the school’s 2020-21 budget.
    The Pom Poms will operate the concession stand in 2021-22 inside the school for home basketball and volleyball games, and wrestling matches at a lease cost of $500.
    The PTO will pay a lease of $250 for operation of the outdoors concession stand for home football games and spring track meets.
    Each organization will be allowed to provide concessions for additional activities upon mutual agreement with the school administration.