DALTON, NE — Voters will decide if two members of a school board in the panhandle will keep their positions in an upcoming recall election. 

Leyton School Board President Suzy Ernest and Secretary Roland Rushman are both facing recalls. 

Recall documents obtained by News Channel Nebraska show William Abbott Jr. filed both petitions in August. Collected signatures were returned to the county clerk in September. After a verification process, the clerk certified the results on Oct. 12. 

According to Cheyenne County Clerk Beth Fiegenschuh, petitioners needed to collect 138 signatures for each recall. Exactly 138 verified signatures were returned against Ernest and 148 returned for Rushman. This means there will be an election where voters in the Leyton school district will decide if Ernest and Rushman continue their terms on the board. 

In the recall filing, Abbott Jr. said Ernest took actions without board approval, including placing Superintendent Chris Geary on paid administrative leave and signing an acceptance for asbestos removal bid dated prior to a board vote. He also listed offering an interim superintendent contract to Dana Jeppson, who is now facing child abuse charges in Cheyenne County, as a reason to remove Ernest from office. 

Abbott Jr. included increased legal fees for the district since January as reasons to recall both Ernest and Rushman. In his statement given to the clerk, Abbott Jr. said the district has spent over $48,000 in legal fees since the start of the calendar year — nearly a 400% increase from 2018 and 2019. Also for Rushman, Abott Jr. listed failure to adhere to Board Code of Ethics and putting the district in legal jeopardy as result of slander against district administrators as reasons for a recall. 

In their defense statements, Ernest and Rushman said serious complaints against Geary led to his placement on paid leave. Ernest wrote in her statement provided to the clerk for the petitions, her actions are authorized in the superintendent's contract. 

Section 17 of Leyton's Superintendent Contract, titled "Disciplinary Action" says the following: 

The parties agree that the Board president may place the Superintendent on paid leave by delivering written notice of the same when the Board president determines it is in the best interests of the school district to do so. The paid leave shall continue unless and until a majority of the Board determines otherwise at a duly convened meeting.

Geary was placed on leave in January. At a meeting, Ernest did say the final decision to place him on paid leave was hers. In May, the board voted unanimously to reinstate Geary. 

Ernest and Rushman also noted the board rescinded the offer to Jeppson upon learning of the investigation against him. There was an agenda item to offer Jeppson the contract for a school board meeting in January, but it was removed from the agenda before the meeting was held. 

Ernest and Rushman both said in their defense statements legal expenses increased due to the complaints and resulting investigation against Geary. 

On the asbestos removal bid, Ernest said she signed it after being advised to do so by then Interim Superintendent Chuck Bunner. 

When reached for comment Monday, Ernest told NCN they will follow the instructions for a recall set forth by state statutes.

She also said her and Rushman are not upset by the recall effort. 

"We think this is what makes America great," Ernest said. "We realize this is their right and a way for them to express their opinions."

According to state statutes, the Leyton School Board has 21 days from receiving notification of the results of the petition from the county clerk to set a date for the recall election. No date has been set at the time of publishing. 

The date the board chooses to hold the election has to be at least 50 days from the day the selection is made. For example, if the board were to choose a date for the recall election tomorrow, the date of the election would have to be at least 50 days from tomorrow.

This means as of the time of publishing, the earliest the recall election could be held is mid-December.

Ernest and Rushman were voted onto the Leyton School Board in the 2020 Election. Rushman received the highest number of votes while Ernest was the second-highest vote getter.