The Open Meetings Acts for dummies at Wright State (and elsewhere)

The new wright state logo not done by YorkBranding or Push Inc showing Wright State leadership under Dr. David Hopkins

If there are two primary jobs of a university board of trustees, it is to hire and evaluate the President of a University and to keep track of the money. It would seem the WSU board of trustees can’t figure out where the money went and who to blame or praise. Maybe it’s because this feckless bunch lead by Doug Fecher of WPCU don’t know what their job is, and no one at the State level seems to care.

When the university went from cash rich to the poor house, no one got blamed. The President didn’t get fired, the numbers guy, Mark M. Polatajko, Ph.D., CPA ended up at Kent State, and the money has never been accounted for.

So, when the board has a committee meeting, ostensibly to review and create the evaluation for the president, in private- they have to do it a certain way.

From a regular meeting, a majority of the board has to make a motion to go into executive session to specifically discuss personnel issues. No exceptions. A subcommittee can only meet in public.

Here’s the law:

(G) Except as provided in divisions (G)(8) and (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:

(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official’s official duties or for the elected official’s removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting….

(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment;

Source: Lawriter – ORC – 121.22 Public meetings – exceptions.

The problem is, if the meeting wasn’t announced, and wasn’t specified to follow one of these two directives- the meeting is illegal.

… a release issued Wednesday from the university stated “Schrader would not accept” either for her work in the past year. Clarifying the issue later, WSU board chairman Doug Fecher, who said he helped write and review the release, said, “There was no vote taken and it wasn’t meant to imply that” the president turned down a bonus offer….

The executive committee of the the WSU board, which included Fecher, former board chairman Michael Bridges, Anuj Goyal and Grace Ramos, met behind closed doors with Schrader on Monday to discuss an evaluation of her first-year performance.

Schrader was not offered a merit raise or bonus because of the university’s financial troubles, Fecher said.

In June 2017, trustees slashed more than $30 million from Wright State’s fiscal year 2018 budget and another $10-million decline in revenue is expected over the coming year. Just last week, the university announced it would begin issuing layoff notices to around 26 employees.

“There was no change in compensation offered and she agreed there should be no (additional) compensation offered,” Fecher said.

Cox Media Group has requested public records about the evaluation and was told by the university there were no written documents from the meeting. Trustee Bruce Langos also said that he was not aware of a formally documented evaluation.

Fecher said the evaluation was more of a conversation. Fecher said he contacted trustees separately before the Monday meeting to get their opinion of Schrader’s performance and ideas for what she could improve upon.

Langos said he was “shocked” when he saw the release sent by the school that stated Schrader did not accept a raise or bonus, because he said it made it sound like the board offered her one.

Although the university may not be in a financial position to offer Schrader a raise, Langos said it’s something the entire board should have discussed and voted on publicly.

“I don’t think any laws were broken but I don’t think the rules or the bylaws (of the board) were followed because the bylaws require that things like this require (a vote). And we didn’t take a vote,” Langos said.

The executive committee cannot take action in executive sessions, meaning any action such as a vote for or against a raise for Schrader would need to be taken in a public session.

The Ohio Open Meetings Act states that members of a public body are required to “discuss and deliberate on official business only in open meetings.” How Wright State’s board handled Schrader’s evaluation falls into a “gray area” of the law, said Dan Tierney, spokesman for the Ohio Attorney General’s Office.

“Our advice is always consult your legal counsel in such a gray area and then decide whether they would be comfortable defending that or not,” Tierney said.

Source: WSU president not given raise due to budget – Dayton Daily News

Fecher isn’t allowed to have private conversations with three others in private to discuss university business, and he is not allowed to round robin request information. Him contacting other board members to discuss their opinion is a violation of the OMA. Pure and simple.

The proper procedure is to create a subcommittee, that works on the evaluation, a written document, that is then reviewed by the entire board in a properly called executive session, and a final document is released to the personnel file of the President. If an “executive session” discussion is to be held in private with the president, it must be stated what the issue is in advance, from an open session.

Unbelievably, I’m forced to cite the Dayton School Board lawyers site for info on case law of actual evaluations- which may be an interpretation that evaluations may have to be done in public:

The most striking part of the court’s decision, however, is its conclusion that performance evaluations do not fit within this executive session exception.  The court said, “construing the OMA liberally in favor of open meetings and construing the executive-session exceptions narrowly, the trial court correctly found no exception for employee ‘evaluation.’”  The court agreed with this interpretation.  This ruling appears to be based upon the fact that the word “evaluation” is not specifically listed in R.C. § 121.22(G)(1).  The court continued:  In any event, we do not necessarily disagree with the [  ] statement that the OMA permits discussion of an employee’s ‘job performance’ in executive session.  Prior to entering into executive session, however the public bod must specify the context in which ‘job performance’ will be considered by identifying one of the statutory purposes set forth in R.C. 121.22(G).

Notably, the court offered no opinion or explanation on how performance evaluations of administrators and executives by a governing board do not fit within the continued “employment” of employees under Section (G)(1).  Is it their opinion that the “employment” exception to open meetings is only for the initial hiring?  We do not know.  The court offered no explanation on how and when a governing board should discuss routine evaluations of employees (especially direct reports, such as the Executive Director), which often do not relate to a specific “dismissal, discipline, promotion, demotion, or compensation” decision.

The court’s ruling may now require governmental entities that conduct routine evaluations of Directors, Superintendents, Treasurers, City Managers, etc. to either find one of these specific pegs of (G)(1) on which to hang personnel evaluations or, otherwise, hold the discussion in public.  Unlike Ms. Maddox, it is likely that most public administrators do not want their performance evaluations to be aired in a public session.[1]  And, the promise of a public discourse on one’s job performance by one’s own employer could make the difficult job of finding qualified people to fill these high-level positions all that more difficult.

Source: Public Records Decision: Consideration of Performance Evaluations | Subashi & Wildermuth

Part of the reason University Presidents are paid the big bucks is that they agree to take public criticism, hold responsibility and lead by example. There is really no legitimate reason to conduct annual reviews in private, or to be embarrassed by the discussion- it’s the future of the university- a public institution.

The Open Meetings Act is the only law I know of that comes with a 250 page public handbook to explain the importance of conducting the public’s business in public.

One of the quotes in the beginning of the handbook should make it pretty clear:

 “The liberties of a people never were, nor ever will be, secure, when rulers may be concealed from them… {T}o cover with the veil of secrecy the common routines of business, is an abomination in the eyes of every intelligent man.” Patrick Henry

~see State of Ohio Sunshine Laws Manual

Every elected public official is required in the State of Ohio to take a three hour course in the Open Meetings Act/Sunshine Laws. I’m not sure if University Trustee’s are, but, this latest screw up suggests that they should be.

And, btw, ostensibly the penalty for violating the OMA is removal from office, although it’s never happened in the State of Ohio. Removing this board for a violation of the OMA would be a good start.

As to the whole faux pas of Schrader announcing that she declined a bonus that was never offered, and that Fecher helped write the press release, says there is way more wrong than right at Wright State.

School board to meet illegally tonight

6/22/18, 12:24 PM, Denise Gum, “Confidential Secretary to the Board Office Dayton Public Schools” sent out an email on behalf of William Harris, board president announcing a “Special Meeting–Fiscal Year” to be held this afternoon. Despite multiple warnings from me, the Superintendent et al have not published an agenda in advance of this meeting. It is, if they hold it, an illegal, improperly noticed meeting.

I highly recommend anyone who cares about DPS to go to this meeting and pack their tiny conference room- and force this meeting to be rescheduled properly, with proper notice.

Her notice said:

In accordance with Section 3313.16 of the Ohio Revised Code and File: BD of the Handbook of Policies, Rules & Regulations of the Board, I hereby call for a special meeting of the Board of Education of the Dayton City School District, Montgomery County, Ohio, to be held on Friday, June 29, 2018 at 4:30 p.m. in room 6S-116 of the Administration Building, located at 115 S. Ludlow St., Dayton, OH 45402.

The purpose of the meeting is to allow the Board to vote on recommendations from the superintendent and/or treasurer.

The media is being advised of this meeting in compliance with the Ohio Sunshine Law.

6/27/18, 11:01 PM I sent an email to Superintendent Libbie Lolli, Cherisse Kidd, Denise Gum, John McManus, Jeremey Kelley, Jocelyn Rhynard

Dr. Lolli,
It’s 11pm on Wed.
Your meeting is scheduled for 4 on Friday.
No posted agenda on board docs.

No meeting.
Or I’ll haul you into court again.
This isn’t rocket science- but it is the law. Publish your agenda 48 hours in advance.

If you can’t hire competent people, you should quit

This morning, I sent another email- to everyone on the superintendents distro list:

As of 8:23 am this morning, there is no agenda posted.
This illegal meeting of the board should be cancelled.
If you can’t tell the public what you are discussing 48 hours in advance of a meeting scheduled on June 22nd.
If you don’t understand how notification is critical to the duties bestowed upon you by the state, either resign, or get educated.

If this meeting continues- as planned, you will be facing another lawsuit.
This mickey mouse game needs to stop.

I notified the Superintendent of her failure to post an agenda on Wednesday night around 11 pm.
That would have been too late to meet the 48 hour rule.

I would suggest she be held accountable and given a reprimand by the board.

The public is being insulted by their malfeasance.

If the meeting isn’t cancelled and is held today, I will be adding to my court case, or filing a new one against this incompetent school board.

Wick-Gagnet shows her ignorance of current events online

On another note, in a Facebook war, I posed a comment on board member Mohamed Al Hamdani’s wall.

(it saddens me that I’m following in the footsteps of the Dayton Day-Old news and turning Facebook posts into news)

Al-Hamdani’s original post:

Not surprised by the SCOTUS decision to uphold the Muslim Ban. As a people and as a country we have a long way to go to reach a more perfect union. We will be disheartened for a day and reenergized tomorrow. The fight continues…

And while that issue is very real, SCOTUS dropped another bomb, one that will affect our political junkie Al-Hamdani even more (I couldn’t call him a political beast because it wouldn’t be PC), and I commented-

David Esrati And now you won’t have a union sugar daddy to get you elected either.

This was a reference to JANUS v AFSCME, and stops the forced donations to unions by people who benefit from Union bargaining. It’s a serious blow to labor, and the generally liberal political clout that Unions have.

Board member Karen Wick Gagnet, who has become Al-Hamdani’s puppet, blindly following his lead, responds:

Karen Wick-Gagnet David Esrati … this is a totally bigoted statement. You are a bully and your comment in no way reflects any spirit of humanity in a manner we need to move positively forward. You have again shown your ugly, hateful side.
She is literally clueless. My is this the pot calling the kettle black. This is a woman who was my friend for over 2 decades, and a long time client, who fired me because of my continued scrutiny of a school board in chaos in the hope that they start acting ethically and honestly. The conversation continues

(I have no idea who Kristin Todd is, but she thinks she has something to contribute):

Kristin Todd This attitude is why you never get elected. You’re no better than Trump and equally need to seek counseling. I can provide you with many resources.

David Esrati Karen Wick-Gagnet you think this is bigoted? The ruling to stop unions from collecting dues from all members is going to flip liberal politics on its head, leaving the wealthy to run citizens united full tilt, with no opposition. As to my ugly hateful side, I find it fascinating that you’ve yet to do anything as a school board member other than support fighting losing lawsuits. And, it’s also interesting that when the hose next to you burns down, it’s cleared away in record time. Talk about privilege.
sequential comment:
David Esrati And I’m pretty sure Karen that you had no clue I was talking about the decision Janus vs AFSCME, because you aren’t that bright. Mohamed understood what I was talking about. Maybe, he should give you instructions on Facebook just like he does on the school board. You are good at playing follow the leader.
sequential comment:
David Esrati Kristin Todd who are you? What have you done? You don’t even know what the hell is going on here

sequential comment:

David Esrati Karen Wick-Gagnet read this, maybe you will understand: After Janus, Unions Must Save Themselves https://nyti.ms/2lG0TiA?smid=nytcore-ios-shareManage
nytimes.com
Wick then admits she had no clue what was going on- but continues her bullying with calling me hateful.

Karen Wick-Gagnet David Esrati … I may have not totally understood the issue and for that I apologize. However, the undertones of your original response to Mohamed and your response back to me is full of ugliness (nothing we need more of today). I may not be as “bright” as you, but I would trade any amount of brightness for kindness, love or compassion which is what I wish for you.

David Esrati Kindness is not calling someone a bigot, a bully, and denying my humanity. You don’t do your homework, you don’t read 2 newspapers daily, and you obviously don’t understand free speech, the sunshine laws, or the art of discussion. If I also mentioned  Kennedy resigning, you’d probably have to look it up. Good luck with your “free hugs” approach to everything. And, you aren’t as kind as you think you are. Reread what you said.
Kristin Todd David, darling.. It doesn’t take a “bright” person or someone who has done what you consider success to recognize a person filled with hatred and narcissism. The enire city knows that of you. You throw tantrums like a child behind your computer screen and we all feel very sorry for you. Thankfully no one has been ignorant enough to vote you into public office. Keep trying.
David Esrati repeat: who are you? What have you done? You don’t even know what the hell is going on here.
You don’t know me. Karen actually does.
And, no one knows you.
Cheers.
Kristin Todd David Esrati I hope whoever bullied you in elementary school apologizes because clearly you’ve carried that into middle age.
David Esrati You mean like you are bullying now Kristin?
Back to the main thread-
Karen Wick-Gagnet You’re right, I should not of used those harsh words. I’m sorry. Out … no more need to use this form of communication, it’s not healthy or productive for me. Best to you as you continue your journalistic practices.
If DPS had competent PR consulting, board members would know better than to engage in this kind of BS with a critic. However, they hired Marsha Bonhart and the Ohlmann Group. You reap what you sew.
I will have a camera at the board meeting this evening, despite my being out of state on business.

Esrati offers to settle case vs School Board and City on illegal school task force meetings

thumbnail of Esrati.Bills Redacted.042518

Subashi and Wildermuth have billed the Dayton Public Schools $12,500 so far for Libbie Lolli and her boards ignorance of the Sunshine Laws. Click image above to download PDF

The School Board has spent $12,500 of their money defending themselves, to claim that they are entitled to have illegal secret meetings about closing schools in Dayton. The City, using their own attorneys has probably spent about a quarter of that.

There is no question that the task force was a public body, according to the judge, the evidence, all captured on video by David Esrati, is clear, that the task force did meet in their mobile yellow meeting room at the four schools, and the board HQ. All you need to do is watch the video.

So today, I extended the following offer to settle:

Settlement of Esrati vs City of Dayton et al

Hi Brian and John,
I tried calling Brian to make this offer- however his cell phone just disconnects when I call.
To date, the schools have spent $12,500 with Mr. Wildermuth to try to defend those without a defense.
I can’t guess what the city has invested.

Before we go to the expensive part, I’m offering to settle if the parties admit guilt, and that they clearly violated the sunshine laws in the school task force case, on numerous occasions.
First on Jan 9, with the meeting that ended up being cancelled.
Second on Jan 24, when both Mims and Al Hamdani claimed they didn’t have to do this in public.
And multiple times on the day of the tour- where I count Valerie, Meadowdale Elementary and Meadowdale High School, Wogamen and the HQ building- each as a separate meeting.
Basically- each stop of the bus.
Take those 7 violations- x $500 and then the question becomes is the organization liable or the individual violators?
If we just say the City and the School board are liable- it comes to $5K plus my court filing fees ($360)
If we do it per elected member of the task force- it comes to $10K.
Still, cheaper than the $12,500 the schools have already paid Mr. Wildermuth for this case.
And, cheaper than what the schools had to pay back to OHSAA in his other case that he “won.”

The caveat is, with their acceptance of guilt, the 4 elected officials (Harris, Al-Hamdani, Walker, Mims) would be referred to the Ohio Auditors Open Government Unit for evaluation on removal from office. Seeing that I’ve yet to find a single instance of a public official being removed from office in the State of Ohio for violations of the Sunshine laws, they should have nothing to worry about.

The Sunshine laws are here to protect us all, they shouldn’t be used by lawyers to put their kids through college. There is absolute evidence that discussions did take place on the bus, questions were asked, and video and audio recording equipment were banned, as well as non-compliance with notification of this event, and evidence that School Employees willfully suggested that communications not be conducted via email to hide these proceedings from public scrutiny. You will not win this case in court, or in the court of public opinion.

I am open to a counter-offer on the settlement amounts, however, let us be clear, that the average citizen wouldn’t have the capacity to fight this case, making it unlikely that I’m going to have invested this much time and energy and money, to allow you to be the only winner (Mr. Wildermuth).
The people of Dayton deserve better.
And I don’t take on battles that I will lose.

In the meantime, the case is scheduled for court on Aug 1, 2018

DPS Chaos and the secret agenda Lolli won’t tell you about

Interim Superintendent Libby Lolli likes to show projections of declining enrollment predicted by consultants as the driving force for “rightsizing” the district.

Don’t believe a word that comes out of her mouth.

If you want to know why enrollment is dropping, and will plummet after her grand plan is implemented (if it even can be) is that the parents are tired of being shuffled around like playing cards.

I’ve said it before, the enrollment drop started when outgoing Superintendent reconfigured buildings at the last minute to create the three middle schools. Parents at high performing K-8 Schools like Horace Mann, Eastmont, Wright Brothers, Eastmont, Valerie were unhappy about having to send their kids to the three new middle schools: Wogaman, EJ Brown and Wright Brothers. Then we added 7-8 to Belmont and Meadowdale HS. Then, the next year, we went to 4 bell times- screwing with bus times for parents with multiple kids in different schools. No warning, no planning, no discussion. You could have to get kids ready at 4 different times. Hello?

Lolli obviously likes Junior High Schools- because she’s willing to gut both the Girls academy and Dayton Boys Prep- by scrapping their 7-8 as well.

The only school and parents she’s wise enough to leave alone is Stivers.

But, that’s only half the crazy-train.

Obviously, Lolli doesn’t understand how we managed to lift the deseg order- with open enrollment. Now, she’s going to start by closing Valerie Elementary- move it over to the Meadowdale elementary building, rename it Valerie, and then scrape Valerie. OK- no problem with that- except, she’s going to tell Meadowdale parents- you have to send your kids to the building closest to your home- while, not? telling that to Valerie parents? Can we say discrimination? Or, tone deaf? Take your pick.

We knew from the get-go that Valerie was a goner- it’s the oldest building in the district except for Stivers- that needs major renovation. And, closing it isn’t the end of the world, nor is the middle school plan- except that it probably guarantees losing at least another 500+ students overnight to charters or moving out of the district or vouchers.

CJ is saying THANK YOU very much.

But, the other moves- closing Jackson Center, which the district just reopened to move the Longfellow kids to, is a flat out handout to the Dayton Metro Library who just found out the people who own the former Delco site across the street aren’t giving them the land for free. $50K an acre hurt their pocketbook too much– so they’ll just move across the street to Jackson Center site- and pay to scrape the building for the district. Remember, library director Tim Kamblitsch was on the task force… now you know why.

The other plan is to move HQ from Ludlow 1 to Ludlow 2. Ostensibly, this is because Ludlow 1 needs $2m in HVAC repairs and is too costly to maintain. Sheila Taylor was almost in tears about losing the “community room” – board room, which DPS employees built with their own hands. Hint- you wouldn’t need such a big room if you didn’t keep screwing up and causing the entire community to come down to scream at you.

Moving the 150 odd people across the street will still have costs, but, don’t worry, just like Jackson Center, they’ve got someone who wants that land and parking lot behind the building… can anyone spell S-I-N-C-L-A-I-R. I can. And you can bet your last dollar that they get it for a steal. As to parking for DPS staff, don’t worry- the district owns the lot down Ludlow past 3rd Perk and the old Avenue Lounge- a block away.

And, we’ll move the 20 or so hard core troublemakers who were doing drill and fill online “learning” as an alternative to suspension, into Ludlow 2 with the HQ staff should keep things interesting. Considering Ludlow 1 implemented key card access on the elevators to the upper floors- for security, how wise is it to bring our most troubled kids into the HQ?

Speakers at the meeting tonight all got to talk as long as they want, except me. Rev Harris thought he’d try to infringe on my 1st Amendment rights and interrupt me and called for my removal. Director of Security Richard Wright made a show of coming out to do Harris’s dirty work, but as a former Dayton Police Officer who knows the law, and knows my record on winning lawsuits, didn’t take it past belly bumping. Kudos go to new School Board Member Jocelyn Rhynard for stepping up and saying she’d like to hear me out, and that I should have the right to speak. A teacher told me that Al-Hamdani also said something to that effect, but I didn’t hear him. Rhynard scores points. McManus, who should know better just sat there like a stupid caricature from central casting as a stuffed suit. Very disappointed in the man who wanted to be president and is vp.

Standing in the back of the room was Brian Wildermuth, the board lawyer who is managing my case and billing them out the wazoo. He was probably there to meet with them in Executive session to discuss his loss in the former treasurer Craig Jones case. The board will have to decide to appeal, to pay Craig, or to hire him back. Wildermuth will tell them to appeal so he can keep milking his cash cow.

Lolli making a presentation on rightsizing the Dayton Public Schools District with input from the illegal task force

Lolli tells everyone that the Task Force weighed in on the issue

Judge Skelton set a hearing in my case for Thursday at 3pm. The only two issues to be addressed will be is the task force a public body that had input and did they have a secret meeting. Considering Lolli put up slides including the task forces input, the first issue is now resolved. The second issue has video tape- and unlike the tape of the Dunbar Thurgood brawl, this video is crystal clear. Wait for the ruling that they violated the Sunshine laws- and then apply this rule to the issues of “Right Sizing:”

From ORC 121.22

(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.

Section F:

(F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours’ advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.

They will fail the above tests, and the whole process will be dead in the water. And the question is if the next level penalty will be applied:

(4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.

It is my hope that Open Government Unit of the State Attorney General decides that the actions of the elected officials who continued to meet, despite multiple warnings, warrants their removal and Mohamed Al-Hamdani, Jeff Mims, William Harris and Robert Walker all find themselves out of office.

Time will tell.

 

 

 

When lawyers have unlimited resources: City and Board of Ed waste taxpayer money

I filed a lawsuit to stop an illegal meeting of an illegal committee to tour school buildings to close.

I was ready on Feb 7 in court to hear and try the case. It’s not that complicated, and the most the law states I’m entitled to is $500 measly dollars.

The filing fee was $330.50. Go figure.

The case is all related to the Ohio Open Meetings Act- or Sunshine laws. They specify clearly what can and can’t be discussed in public and in private by elected officials or committees. This is an easy case, since I have video of all the violations and meetings.

The city and school board sent 4 lawyers to court. It was David v Goliath. I’ve posted about this before.

We were supposed to have a phone conference today at 10 am with the judge to set a hearing date.

Instead, we got his staff attorney.

The School Board yesterday filed a request to have a jury.

Today, the city filed a 7 page response to my initial complaint with 20 defenses.

The staff attorney questioned the jury demand- since this isn’t really a case where facts are disputed- just the application of law. He’d not seen the city’s 20 defenses yet. They are laughable.

Both sides of the defense are engaged in tactics to stall and add cost (and billings for the School’s private attorney who probably bills at $300 hour or more). They claim there is no reason to move quickly on this- despite my claims that the outcome of this case reflects on the competency of the acting superintendent, and could have an impact on the makeup of the school board if the Ohio Attorney General’s Open Government Unit decides to remove members from office for violating the law- once the judge decides they did.

Since the board has stated that they will move quickly on the closings, and the courts seem to be moving slowly, I filed an injunction asking the judge to stop all discussion of closing schools until this case is settled.

I’ve attached my last memo contra, the school boards filing, the city’s filing and then my final request for an injunction for you to read.

UPDATE

1:45pm- Judge has scheduled another conference call for Friday, Mar 9 at 9:30 am

thumbnail of Request for injunctive relief

Click to download PDF- Esrati filing for injunction

thumbnail of 31945190- city answer

Click to download PDF- City response with 20 defeneses

thumbnail of 31942993 Jury demand

Click to read PDF- Board request for a jury

thumbnail of Memorandum Contra

Click to read PDF- Esrati memo contra