Guess I’ve got some ‘splaining to do. Today’s Beacon Journal was a surprise to most people I’m sure. Before you read the article and jump to conclusions, let me fill you in on what is going on and why.
First of all “suing” makes it sound like I’m out for money. The only money I asked for is my $225 filing fee. This is not about money. It’s about an injunction to compel the board to abide by the law. Don’t get me wrong, I could have asked for damages for each violation in the suit. But I didn’t. I asked for an order from the court to stop all wrongful acts committed by this board and a little something extra. I am also asking the court to order that an opinion from the Ohio Attorney Generals office be obtained before a member can be censured.
Let me explain how censure works. There is no book on the right and wrong reasons to censure. If I cross my eyes during a meeting and fellow members don’t like it, they can censure me if they have the votes. Just so everyone is clear on a few things, it is pronounced “sen-sure”. Not “sen-sore”. I point this out because previously this board censured me and referred to it as censoring me. I’m sure censoring me is what they had in mind, hence the Freudian slip. But fortunately for us they only have the power to censure me. I feel an opinion is needed because this board uses the threat of censure in an intimidating manner.
The Beacon Journal wanted to focus on the executive session voting. That is the least of our worries. The more important issues are the ones that involve the publics right to open government, clear and concise minutes, and the ability to trust that your board of education is conducting the business stated in the notice given and that the notice and/or agenda doesn’t leave you guessing. You can’t go into executive session for employment promotion, demotion, compensation, discipline, etc.. unless the board is actually performing each of those acts. The board can go into ES for promotion if they are promoting someone.
I assume the people of Cuyahoga Falls elected me to represent their stances on issues. How can I effectively do what I was elected to do when I cannot garner a majority vote to do the very least for the citizens and follow the law? Example- the law states you cannot amend the agenda for a "special" board meeting. Yet a member moves to amend it, it receives a second, I object and state the reason, I'm out voted and the board proceeds to conduct business outside the scope of the notice to the public. The citizens of Cuyahoga Falls, and the press for that matter, have a right to be an informed public. Would you like notice that we were going to discuss goals, you decide not to come because goals do not interest you, and then find out the board also voted to cut all extra curricular activities? No chance for input. No having your voice heard (not that there’s much of that now), no chance to respond. It’s just done. No that didn't happen, but it could with this board. This is one example of many violations. This is why we have laws protecting the publics right to open government.
I have attempted to resolve these issues and many others on numerous occasions. But it's a five member board and I am but one. I assure you this was a last resort. I am dismayed that an injunction is the ONLY remedy at hand to resolve these types of issues. There is no agency or official that can compel a board or council to adhere to the Sunshine Laws other than a court of law. I am confident that the courts will resolve these issues and the board can move forward with doing what we were elected to do- serve the people of Cuyahoga Falls.
The purpose and spirit of the Sunshine Laws are crystal clear. Open government. That's what the people expect and deserve.