Lethbridge Herald, The (Newspaper) - February 12, 1975, Lethbridge, Alberta
14 THE LETHBRIDGE HERALD Wtdntfdiy, February 12, 1975 Suit questions board's authority to transfer teachers By JIM GRANT Herald Staff Writer CALGARY After an almost 18-month wait, a former Cardston school teacher proceeded in Alberta Supreme Court here Tuesday to test the right of a school board to transfer him to a Hutterite Colony against his wishes. It marks the first time a school board decision to transfer a teacher has been tested in an Alberta court. The trial is to continue today. Paul Payne, after teaching in Cardston High School for 12 years, was transferred by the Cardston School Board in the summer of 1973 to. the one- room, multi-grade school on the Standoff Hutterite Colony. Mr. Payne first accounted his intentions to take the Cardston board to court in September, 1973, about two weeks after he assumed his new duties on the colony. Mr. Justice M. E. Shannon reserved his decision on a preliminary application by the Cardston School Board counsel that called for the dis- missal of the'case. He will rule on it after the trial. The application for dis- missal was made on the grounds the court had no jurisdiction to interfere with an administrative decision that was based on polities rather than law. Mr. Payne's counsel Phillip Clarke, an Alberta Teachers' Association lawyer, based his case against the Cardston School Board on the transfer of a teacher for what he called "improper motives." Mr. Clarke said the board used the transfer clause in the School Act to force Mr. Payne to resign or as an attempt to punish him. The School Act gives the school board the authority to transfer a teacher from one school or classroom to another at anytime during the school year, providing seven days notice is given. The ATA lawyer told the court "the obvious purpose of the transfer clause" is to allow school officials the flex- ibility to operate the school system in such a manner as to obtain the maximum educational benefits for students. 'BAD FAITH' He said he hopes to show "bad faith" and not educational concerns "were used in exercising the trans- fer clause." Mr. Payne was well on his way to1 establishing a career in a specialized area of in- struction in a high school when he was suddenly placed in a situation where he no longer could continue this career, Mr. Clarke argued. The transfer placed Mr. Payne in a position where he had to teach elementary grades even though he specialized in the instruction City Scene Queues are spectator sport Add another competition to the 16 Winter Games sports: standing in line at Action Central. The queues of eager Games spectators, which formed before the Games 3rd Avenue S. ticket office opened Tuesday at a.m., remained steady all day, said Games ticket boss Pat Berti. Out-of-town visitors and Games athletes are quickly buying up remaining tickets, Mrs. Berti said. Some seats remain for the Feb. 21 evening session of figure skating at the seat Sportsplex. Only 400 seats are left for the Feb. 20 evening gymnastics event in the seat Exhibition Pavilion. All but one of six judo events at Winston Churchill High School have been sold out. A few tickets remain for the after- noon session Feb. 21, Mrs. Berti said. City schools to get under program Kainai workers employed again STANDOFF Production workers at Kainai Industries return to work here Feb. 17 following a three-week layoff. Sixty-five workers were laid off Jan. 27 because of slumping sales, aggravated by a nation-wide drop in housing starts. The three week closure comes on the heels of Kainai's annual two- week shutdown at Christinas. Kainai general manager Gilbert Eagle Bear told The Herald 50 or 60 workers will be back at work Monday. He declin- ed comment on sales prospects this year, but said the Blood owned sectional home factory is counting on orders for at least 100 homes from Indian bands. Jacket, beer worth four months A Cardston man was sentenced to four months in jail after he pleaded guilty to possession of a stolen jacket and a half case of beer dur- ing his trial in provincial court Tuesday. A charge of break, enter and theft against Dorian Gambler, 22, was withdrawn. Mr. Gambler was charged with 1 possession of stolen property after a January break in at Hopp's Garage, 301 2nd Ave. S., in which a jacket and the beer were reported stolen. Mr. Gambler pleaded not guilty to a charge of YES! WE CUT KEYS WHILE YOU WAIT! Call Hardware 327-5767 DOWNTOWN 606 -608 3rd Ave. S. assaulting a police officer and was remanded until Feb. 24 for trial. Lethbridge city police allege the assault oc- curred when Mr. Gambler was being put in police cells following his arrest in connec- tion with the break-in. He was also given one day on an intoxication conviction. A man charged with armed robbery following the hold up of the Barons Royal Bank Dec. 13 was remanded until March 13 for preliminary hearing. Patrick William Linggard, 24 of Barons, is charged in the armed hold up in which 000 is reported stolen. RCMP have yet to recover the money. Bail for Mr. Linggard has been set at in cash but it has not been posted and he's still in custody. Donald George Black of Fort Macleod and Steven Michael Ragan of Barons, both 24, have also been charged with armed robbery in connection with the hold up. Mr. Black is free on and his preliminary is Feb. 27. Mr. Ragan is free on his own recognizance and has been remanded until Feb. 28 for election and plea. FOX DENTURE CLINIC 1 Esl. 1922 PHONE 327-8565 E. S. P. FOX, C.O.M. FOX LETHBRID6E DENTAL LAB 204 MEDICAL DENTAL BLDG. Herald Legislature Bureau EDMONTON Lethbridge school systems will benefit by more than under a program announced Tuesday to equalize supplementary school requisitions. The supplementary re- quisitions are the amounts local boards collect in addi- tion to their grants from the province's Education Founda- tion Fund. The million program will include about for the Lethbridge Separate system and for the public system, Education Minister Lou Hyndman said outside the legislature.. While grants under the foun- dation plan have been equaliz- ed for more than a decade, ,Mr. Hyndman said, supplementary requisitions have not. The new formula is "only a move in the direction" for full equalization, the minister said, and will embody an assessment of per pupil in a system. As the city's separate system's assessment per pupil now is only it stands to gain funds, as does the public system with a per pupil assessment of The province will make up the difference to per pupil. Prime beneficiaries under Games car still unclaimed Winter Games lottery of- ficials are looking for the winners of a Hawaiian holiday, cash and a car. The holder of ticket A503377 has won a holiday for two in Hawaii; A525089, cash a new car. The early bird draw was made-Tuesday by CBC sports commentators FredSgambati and Don Wittman and George Reed, a professional football player with the Saskatchewan Roughriders. The next early Bird draw, for two prizes and a Hawaiian holiday, is Feb. 23. Final draws in the Winter Games lottery will be held March 17. Top cash prize is Meanwhile four prizes from previous draws have still to be claimed. From the first draw ticket number A490601, from the second draw tickets A568726, A543824, a trip for two to Hawaii and from the third draw ticket A153823, have yet to be claimed. the program are sparsely pop- ulated school districts with resultant low property and in- dustrial assessments, and separate school systems which educate more students than their assessments reflect. There are 142 school systems which will qualify for grants, Mr. Hyndman told the legislature. Supplementary requisitions finance about 15 per cent of schooling costs in Alberta. Provincial officials are scheduling meetings throughout the province for the next few weeks to explain the plan to school board trustees and administrators. Meanwhile, in Lethbridge, officials of both school systems expressed pleasure at the announcement. Separate school secretary treasurer N. L. Reilander said the system has advocated equalization for years, but there had not been a good for- mula. "We think that it's a good he said. "It will allow districts that have been wanting for services to im- prove." The cost of educating a pupil is the same everywhere, but districts with low assess- ment bases have had low re- quisitions. Equalizing the per pupil assessments could affect some districts dramatically, he said. Public school superinten- dent Bob Plaxton said the' program could save Lethbridge taxpayers up to two mills on their 1976 taxes. Without the final budget figures he can only make an educated guess, he said. "My reaction is one of great he said. FIREMEN BROKE WINDOW TO REACH BLAZE Heidelberg guests roused by fire Trudeau VANTA'S k VANTA'S ECONOMY MEATS nniHO Phon. 329-4545 MEAJS B VANTA'S RANCHLAND MEATS Yes at W Westminster Shopping Plaza Phone Pre-packaged for your freezer. Lean. LB. and meaty Country cut. Just Ib A Chlckene Fresh never frozen. A_ High quality. Lb P9C 9 ib. boxes tor A Bargain _.'_-for just LB 1.29 oi Bw Canada Grade A. Cut. wrapped and sharp frozen. Lb OF BEEF. 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Accompanied by federal Health Minister Marc Lalonde and Margaret Trudeau, whose snowbound helicopter prevented her from opening alpine ski events today at Westcastle, the prime minister donned skates to christen the 400-metre oval. An accomplished skater, Prime Minister Trudeau ad- mitted-to young athletes dur- ing a warmup (hat he is a new- comer to the longer blades used in speedskating. A fire on the top floor of the Heidelberg Inn this morning caused mainly smoke and water damage but guests from the top two floors were evacuated. The fire that was detected about 8 a.m. is believed to have been caused by a stray cigarette starting a rug on fire, a fire official said. The fire was in two hospitality rooms on the ninth floor of the inn, at 1303 Mayor Magrath Drive South. A door connecting the two rooms was badly charred as was the rug in one of the rooms. Firemen first fought the blaze by extending a ladder from a truck to the- top floor and then breaking a window to get at the blaze. No damage estimate was available but most of the damage appeared to have been done by water and smoke. When Ihe fire was detected, persons in 16 rooms on the top two floors of the hotel were evacuated to the lobby. One out of town guest at the hotel said after the fire he woke up, turned on the radio and heard there was a fire at the Heidelberg Inn. Police investigating business break-ins Break-ins at two Lethbridge businesses were reported to Lethbridge city police Tuesday. A mobile home at Lethbridge Mobile Sales, 1010 2nd Ave. A N., was entered after a door was forced open. Three windows in the home varigray The Sunsensor lenses; that darken and lighten automatically. The Comfort Lens. Open till p.m. Monday to Saturday (Thursday till 9 p.m.) OPTICAL PRESCRIPTION CO. were broken, two chester- fields and two chesterfield chairs were damaged with a knife, two coffee tables were smashed with a hammer and a closet door was also smashed, police say. Damage is estimated at Nothing was reported stolen in the break-in which is thought to have occurred sometime between Saturday and Tuesday. In a second break-in, Allied Equipment Ltd., 12012nd Ave. A N. was entered by breaking glass in a door and reaching inside to open the door. Police say once the thieves were inside they took a hammer from the business and broke two toilet bowls, one coffee perculator, an adding machine, and an electric welder. Damage is estimated at A pocket calculator was reported stolen in the break-in which is thought to have occurred sometime after p.m. Monday. ART DIETRICH DINTURE CLINIC DiNTAL MECHANIC MM.rttlUt.2tt MM. I. of high school social science courses and had been teaching in a high school for several years. Mr. Payne resigned from the Standoff Colony School teaching position only a lew weeks after being trans- ferred there. Mr. Clarke maintained that the transfer clause in the School Act cannot be used to terminate a contract of employment because there are other sections of the act that apply directly to the dis- missal of teachers. The court, he argued, should not allow the transfer clause to be used to nullify the other sections of the act. Judith Nemirsky, Alberta School Trustee Association lawyer who is representing the Cardston School Board, told the court the School Act does not include any reasons or purposes for which the transfer clause must be used. It is not up to the court to imply a purpose, she insisted. PROTECTION The School Act is an act for the establishment and guiding force in the operation of'a school system. It was not es-. tablished as protection for. teachers, she added. The power of the court is not to overrule a local authori- ty but to determine if it acted within the law, she continued. Mr. Clarke countered .her argument by claiming "no public authority has the right to act in bad faith even if the court should find that the act is purely an ad- ministrative" act and not a judicial act. One witness called by Mr. Clarke Tuesday was a retired teacher who had been trans- ferred during the late stages of her teaching career to a Hutterite Colony by the Cardston School Board. Donna J. Meldrum of Raymond, taught in the Cardston School Division for 16 years. She was transferred to a Hutterite Colony in 1962 after teaching in Magrath for several 'years. She told the court that Cardston school officials ask- ed for her resignation early in 1962. "They told me it was because I was not a ratepayer" within the school jurisdiction, she said. RATEPAYER She then said the school of- ficials withdrew their request when she proved she was a ratepayer. However, they transferred her to a Hutterite Colony during the summer of 1962. Former teacher Meldrurn claimed the school board transferred her to a Hutterite Colony because they thought she would resign rather than drive the 20 miles to the colony each day. Students find little spirit at LCG campus By MURDOCH MACLEOD Herald Staff Writer Third of a series Lethbridge Community College students are generally happy with the college, ac- cording to the results of a sur- vey included in the LCC master plan. They did suggest there is too little spirit in the student body, and the college at- mosphere is that of a high lack- ing the maturity of a college or says the report. The college needs better communications among its groups such as staff and students, and should be more involved in the community, says the survey. Students also suggested more physical education facilities and courses, leaving it up to "students whether or not to at- tend classes, better university transfer programs and a residence. Some services came under fire, including the cafeteria and the bus service, but students heavily supported the cafeteria against the two other food options in last week's referendum. Agriculture students, with 25 per cent responding to the questionnaire, wanted more animal courses, more lab work, more equipment and more choice in courses. Nursing students, with a 58 per cent response, wanted more selective entrance re- quirements, more ward ex- perience and a pharmacology course. Business students wanted more accounting courses, fewer "unrelated" courses in the data processing program and more on the job training. Recreation and conserva- tion students reported over crowded facilities, too few field trips, a shortage of reference material and a "need to screen out non serious says the report. There was insufficient response for general com- ments on other schools, it says. Courses offered! location and low cost are students' main reason for attending LCC. Only outdoor recreation and conservation enforcement attracts many students with its reputation. Ski venue roads clear Roads into Westcastle, Winter Games ski site, were reported clear today for that event's opening. Certified Denial Mechanic CLIFF BLACK, BLACK DENTAL LAB MEDICAL DENTAL BLDG. Lower RHONE 327-2022 REGULAR EVENING AUCTION At Tin WAREHOUSE 1920 2nd AVMIM South THURSDAY, FEB. 13th firm fed -Hi p.n. M Amm ON OFFER THIS WEEK Televisions; living room; dining room; bedroom and kitchen furn- iture and miscellaneous household articles. Also many more miscell- aneous items. Drop in and through our warehouse on day. HURLBURT AUCTION SERVICE LTD. 328-4705 1920 2nd 8., AuettortMrt: TEDNEWBV KEITH ERDMANN Lie. 010213-41 Lie.