Dear Portland Public Schools Board:

On October 2, 2008 the Portland city council broke a covenant with the PPS board. On that day the Portland city council voted against the legal reason the PPS board offered its surplus property, the John Ball School site, to the city of Portland rather than place the property up for sale in the public marketplace to the highest bidder. PPS board policy requires it to first offer PPS surplus property to a local government agency, e.g. the city of Portland, in order to determine if there is a "continuing PUBLIC USE" for PPS's PUBLICLY owned property.

Members of the PPS board are independently elected public officials with the power to tax. The credibility of the PPS board is at stake. The PPS board MUST prove to the taxpayers and voters of the district that it has and will show due diligence and fiduciary responsibly with the public assets under its control. In any case involving the disposition of surplus Portland public school property the PPS board MUST demonstrate Due Process. This requires the PPS board to notify in writing the city of Portland and any other pubic jurisdiction which may be offered PPS real property that the sale or gift of such property by the PPS board is conditioned upon the PPS board ACCEPTING the proposed future PUBLIC USE of the property.

It is unacceptable if not illegal for the PPS board to sell or give its surplus public property to another government in order for that government to sell, give or lease said surplus public property to a private entity for a non-public use.

If a majority of the PPS board cannot defend and justify the sale or gift of PPS surplus property to a local government for an acceptable continued PUBLIC USE then the PPS board must, after taking all steps for Due Process in determining that the land in question is in fact surplus, place the surplus public property in the private real estate market and seek the highest price at or above its real market value.

The Portsmouth Residents Action Committee and the North Portland Business Association are on the record opposing the private use of the public John Ball School property and in support of Due Process is the disposition of this public property. On behalf of PRAC and the NPBA as well as every PPS district property tax payer and voter we request that the Portland Public Schools Board immediately notify the Portland city council that it has violated the trust and understanding of sale of the John Ball School property and MUST:

A. Immediately withdraw and nullify any and all contracts and commitments to any and all parties involving the current and future use of the surplus public John Ball School property.

B. or C.

B. Through Due Process determine a PUBLIC USE for the John Ball School site which is acceptable to the PPS board.

C. Return the John Ball School property for a full $800,000 refund.

In addition, the PPS board MUST convince district taxpayers and voters that the PPS board will take legal action if the Portland city council does not comply with the above.

Please contact Richard Ellmyer by December 10, 2008 so that he may publish your individual and group responses in this matter to all interested parties.

Thank you.


Richard Ellmyer