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.
10 comments:
Just so you know, the bit about asking for an AG opinion is a non-starter. The AG doesn't decide what the law says, the courts to. AGs opinions are regarded as persuasive, not controlling authority. That is, a court may or may not decide that the argument raised by the court persuades them. But whereas an opinion from the Supreme Court must be followed by lower courts, an opinion from the AG can be disregarded even in Common Pleas court if the judge thinks the AG got it wrong.
Agreed. But I'm hoping that at the very least an opinion could be had before a censure so at least the people I serve with are clear on what true violations are. They could censure regardless but hopefully the citizens could at least be assured that it was for the right reasons.
Kellie,
I'm really sorry that it's come to point where filing a suit was your only option. That said though, I do believe you did what you had to do.
Thank you for having the courage to stand up for what's right!
Molly
Meanwhile we taxpayers will have to pay the legal fees necessary to defend the board which I am guessing could exceed $100,000. Thank you Kellie for costing us even more money.
Actually if Patterson pays if she can't prove her case.
So if the taxpayers have to fork over money, whose fault is it really?
Molly, I totally disagree! Kelly had other options. Resign from the school board is the first thing that comes to mind. Then she could stop costing taxpayers more money with stupid, firvolous law suits and stop giving the school system bad press.
Sandra, Why should SHE resign from the BOE? She is not the one doing anything wrong here, they are, and they should be the ones to resign. She is not costing the district money, they are. You are pointing the finger at the wrong party here. I applaud Kellie for standing up for what is right! That is what she was elected to do and it is a shame that the others on the BOE feel that they are above the law and can do as they please. Resign? I don't think so! Kellie is not a quitter nor a coward! Kellie is not giving this district "bad press," THEY are!
Sandra, it's really a shame that people in this community actually feel, as you do, that it is acceptable for their elected officials to play fast and loose with the law. If this Board has truly done nothing wrong then the only bad press will be Kellie's to bear. However I have read her complaint and firmly believe that she has a very strong case.
The Sunshine Laws have been put in place to protect voters and taxpayers from elected officials taking advantage of their position. Even with those laws in place, elected officials are on the honor system to follow them. Currently, the only school board member that has shown any honor at all is Kellie.
If the court decides in Kellie's favor, the only honorable thing for Ms. Gunter, Ms. Dunphy & Mr. Grimes would be to resign. Mr. Rump could claim ignorance because he has only been in office a short time, but the other 3 should know better. But I don't believe that any of them would know an honorable act if it came up and slapped them in the face.
Molly,
I never said that Kelly's idea on the Sunshine issue was wrong, actually she is right, but her constant whining about the BOARD not being fair to her is wrong@!!! There were other ways she could have done this! She only needed to call the Ethics Committee! Massillon schools have some of the same issues, and that is what they did, and the state is in there doing what it needs to do! None of them are spending taxpayers money!!!
There are 5 people on the board, and if everyone is against her, maybe she isn't the right one!
I agree with Sandra..4 against 1 rules in favor. Far be it for Mrs. Patterson to say all 4 members are "against" her or "out to get" her. The true fact is she says she is for the people..But where is it written in stone where the people of Cuyahoga Falls actually said what they wanted from kellie. If she was rallying I wanna know where and when because I must have missed something. I am a strong supporter of the people and unfortunantly can see that she cant get anything done in the BOE if majority vote rules BUT perhaps its because as a board 4 members agree that kellie is wrong on alot of the issues at hand. And yes taxpayers will waste money because a board of 5 people which 4 always rule against what kellie wants has to go through the crap of listening to kellie and about how they are cencuring her. Maybe its because kellie is wrong and is not a true voice of the people but a fast talker. Why else would she be elected when in fact she is a "home maker" or "stay at home mom". I dont see where she has the crudentials besides being a mother to help run such a board. But hey I didnt vote for her so what do I know!
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