DALTON - Two Leyton School Board members will remain in their positions after a recall election against them failed Tuesday in Cheyenne County.

A recall effort to remove Suzy Ernest failed, 246 votes to 196. The recall against Rol Rushman also didn't pass, 264-179.

Recall documents obtained by News Channel Nebraska showed William Abbott Jr. filed petitions in August. He 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 2021 as reasons to recall both Ernest and Rushman. 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 of last year. 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Ernest and Rushman also noted the board rescinded the offer to Jeppson upon learning of the investigation against him.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. 

Ernest told NCN in October, her and Rushman were 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."

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.