Those are steps you can take to work on clarifying the open meeting law.
The engagement letter for the Greenwood Village based firm Gessler Blue Law, run by Geoff Blue and Scott Gessler, says its fees are normally $425 an hour but that it will charge DCSD $225 an hour for attorneys time and $150 to $175 for paralegal work. They are prohibited from discussing or acting on public business except in public meetings open to the public.. Before the Feb. 4 meeting at which Wise was fired, news leaked that the majority was trying to fire him without consulting with the full board and without cause. Copyright 2022 Scripps Media, Inc. All rights reserved. Tony Magnotta, a Board Member, DCSD said "Every one of you sitting here with a mask on should be ashamed of yourself.". Some parents said there's only so much the board is able to do. You have permission to edit this article. This decision divided parents, and many spoke during public comment. A sign outside the Douglas County School District. Attorneys representing Wise filed a wide-ranging open records request on Feb. 18 for all records, emails and digital communications surrounding Wises firing and other communications and decisions involving the district and wise. The comment regarding Peters drew ire from Myers, who said Ray was politicizing the debate by bringing up Peters case. Hanson said she believes Winsor is the person to bridge the gap in the community that will be necessary moving forward. This material may not be published, broadcast, rewritten, or redistributed. The resolution passed in a 4-3 vote does not require the board to use the firm but will place Gessler Blue Law on retainer for this specific lawsuit. You can be in the know right alongside Colorados political insiders. VIP Digital Access includes access to all websites and online content. Wise was named superintendent in April 2020 after a months-long, nationwide search that included 100 potential candidates and four finalists. Our website features subscriber-only news stories daily, designed for public policy arena professionals. Ray said the firm was also controversial because Gessler representats Tina Peters in Mesa County the clerk and recorder who was arrested on allegations of facilitating a breach of the countys election equipment. The preliminary injunction is just one step in the ongoing case. The lawsuit names Peterson, Myers, Williams and Winegar individually in addition to the Douglas County School Board. They dont have an option whether or not to show up, and they dont have an option whether or not to produce documents, she said.
Colorado does not appear to have case law regarding the use of serial meetings, walking quorums or daisy-chain meetings, although several states have found they violate open meeting requirements. My fear is if this case moves forward and we dont have competent legal representation and variety and diverse opinions on what the impact could be, Peterson said, that this could create new Colorado law.. Winegar said Hall and Evans didnt do the best representation of us, as evidenced by judges preliminary injunction in the plaintiffs favor. The four newly-elected School Board directors deliberately used this scheme to evade public scrutiny as they discussed and decided (committed in both President Petersons and the courts words) to terminate the District Superintendents contract. It was re-approved Monday with a 5 to 2 vote. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 Nexstar Media Inc. All rights reserved. Director Winegar, who gave birth to her baby that morning and participated in the meeting remotely from her hospital bed, said she was interested in in finding new legal representation. Click here to see your options for becoming a subscriber. She was just doing her job, Myers said.
The board also retains Hall and Evans, which had represented board directors in the lawsuit to date. A judge has issued a preliminary injunction in the case prohibiting the use of serial meetings or violations of Colorado open meeting law. The order came in a lawsuit alleging the board majority violated Colorado open meetings law when they had a series of private meetings about Superintendent Corey Wises job. At next Tuesdays board meeting, the board will take public comment on the finalists, and an interview panel will quiz the finalists on March 10. ", While another parent explained"If we have to wear masks mandatory they will not be sending their children to school and they will not be signing up for your home schooling program. Peterson also noted the judge pointed to cases in other states in his preliminary injunction. Board Director David Ray had called for a motion for Dr. Chris Page to also be included in the group of finalists, but it was defeated by the board majority in a 4-3 vote. In a statement to American Academy families the next day, Kane confirmed Peterson had asked her to consider the position. The same board majority then voted to fire Wise without cause. The final public comment session before a new superintendent is hired will take place March 22 and the regular school board meeting, according to the district, after which the board could vote on a new superintendent. She previously served as interim superintendent for DCSD from 2016 to 2018, according to her biography on the American Academy's website. The motion potentially modified the safety plan in place as it was approved before. One parent said "We need tocontinue to get it back to normal as we know you guys can." Douglas County School Board Mask Decision, President Biden Acts as Millions Feel The Heat With Extreme Temps, Next COVID-19 Vaccine Could Be Pill Or Spray.
DENVER The Douglas County School District Board of Education named two finalists for the superintendent position Wednesday afternoon and is expected to interview them in a public meeting Thursday. Judge Holmes well-reasoned ruling recognizes that local public bodies cannot circumvent our states Open Meetings Law by discussing public business and making important policy decisions through a series of meetings by two members at a time. Some of the members on the minority of the board had objected to a faster hiring timeline. Try to make changes that you can make, but do it on your dime not on the taxpayer dime, Meek said. We have noticed you are using an ad blocking plugin in your browser. A parent from the meeting says"What happens when more than half of our student un-enroll, where are you going to get the funds from? The board voted unanimously to name Erin Kane, the executive director of schools for American Academy whose name has previously been floated for the position, and Danny Winsor, the executive director of schools for the Parker region of the DCSD who also oversees the districts Choice Programming Department, as the finalists for the position. A parent called into public comment and said"While I disagree with them I hope they would take their arguments to someone who can actually make a difference.". The school board met Tuesday evening and in an executive session screened the people who have applied for the superintendent job. We're always interested in hearing about news in our community.
Some parents feel strongly about not having their kids wear masks inside of schools. She criticized Ray for alleging (Peters) is already guilty, but then appeared to imply Peters is innocent. Robert C. Marshall, who filed the lawsuit, issued a statement after the order. Peterson had countered Meek, saying minority directors have a conflict of interest to even vote on this, seeing as they were witnesses for the plaintiff, also adding they provided evidence used by Marshalls legal team. We request you whitelist our site. The Douglas County school board threw full support behind the district's masking policy in August, despite pushback from other elected officials and the public. You have permission to edit this article. Douglas County's mask exemption no longer applies to the Douglas County School District after the county's board of health approved a motion on Friday that revised its public health order that allowed exemptions from face coverings in schools.. Email notifications are only sent once a day, and only if there are new matching items. Wise. Hanson emphasized that Meek and Ray were subpoenaed to provide documents in the case and called as witnesses by the plaintiffs attorneys, who could call anyone to testify. This material may not be published, broadcast, rewritten, or redistributed. In an order signed Wednesday, 18th Judicial District Judge Jeffrey K. Holmes said a superintendents job is clearly a matter of public business. He said the evidence showed those four board members collectively committed, outside of public meetings to fire the superintendent at a Feb. 4 meeting. 1-303-566-4100. This item is available in full to subscribers. The board met again Wednesday at noon and almost immediately went into executive session for several hours before returning around 5:30 p.m. to name their finalists. Even some of the board members disagree with wearing masks inside of schools, and expressed their concerns at the meeting. A motion from Director Elizabeth Hanson to move Winsor forward as the only finalist was also defeated. The community would likely see that as connecting the current board with the controversial reform era, she said. Whats best for the majority directors might differ from whats best for the district, she said.
Ten years ago, on July 20, 2012, Stephen Barton and two friends attended a screening of The Dark Knight Rises at a Century 16 theater in Aurora and became survivors of a mass shooting that , History Colorado is inviting the community to celebrate our states 146th birthday with a free, family-friendly event on Aug. 1. 1998 - 2022 Nexstar Media Inc. | All Rights Reserved. There is no weightier policy decision than this for a school board to make; the Order says it clearly and plainly: Discussions by members of the [Board of Education], let alone ultimate decisions on this subject should be conducted at meetings open to the public.. On Feb. 22, the Douglas County News-Press broke the story about conversations regarding the majority board members discussing firing Wise. A court last week heard testimony regarding a lawsuit alleging the board members violated Colorados open meeting law, and a judge is expected to issue a ruling on the matter in the next few weeks. Meek also called hiring additional counsel for an appeal a frivolous use of district funds. There will also be a community forum on March 10, during and after which the public will be able to submit their comments on who should be hired. Ray said hiring an additional firm was premature before the judge decides on a permanent injunction or makes a final decision in the case. Meek said in 2013 Gessler campaigned for past DCSD board directors known as the reform board. There were also some parents who called into the board meeting, advocating for mask wearing inside of schools,although theystill hope for change. Ray and Meek also argued that the firm was a lightning rod because of its political ties. Douglas County resident Robert Marshall sued the board on Feb. 4 alleging directors Mike Peterson, Becky Myers, Christy Williams and Kaylee Winegar used a chain of private, one-on-one meetings to evade quorum requirements and plan the former superintendents removal. michael.karlik@coloradopolitics.com, DougCo schools removed from county's mask exemption order, Conservatives sweep Douglas County School Board election, Douglas County parents can't exempt children from wearing masks in school after federal judge ruling, COURT CRAWL | First arguments for new appellate judge, school suspension litigated in court, Judge suggests mediation in Denver jail lawsuit, while detainees allege insufficient COVID protocols, Republicans schedule vacancy committee to pick Titone challenger in House District 27, Denver Gazette: Hit the brakes on electrification. The fact that no public comment was permitted at the February 4th meeting is additional evidence of the Individual Defendants commitment to their course of action, Holmes wrote. They are the ones who brought this case against us, she said. 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Six weeks later, the county's newly formed Board of Health voted to gut the masking policy.. DOUGLAS COUNTY, Colo. (KDVR) A judge has ordered four Douglas County school board members to keep their board business public. Douglas County, school district agree to drop lawsuit over masking order, By MICHAEL KARLIK The Wednesday order grants a preliminary injunction against board members Michael Peterson, Rebecca Myers, Kaylee Winegar and Christy Williams. The board approved a new timeline for hiring a new superintendent at a meeting last week that draws the process out a little longer than originally planned. Unfortunately, we disagree with how the judge interpreted the law., 750 W. Hampden AvenueSuite #225Englewood, CO 80110 After the election in November 2021, the new conservative majority, initially said they were confident Wise could do the job. followed by another parent saying"The opportunity for my son to not be forced to wear masks and if people want to wear them then they can.". The parties notified the U.S. District Court for Colorado on Friday that the litigation is over, in response to the Douglas County Board of Health's Nov. 12 revision of a public health order that initially limited the school district's ability to mandate masking and quarantining. On Feb. 4, the newly elected Kids First school board majority Peterson, Vice President Christy Williams, Becky Myers and Kaylee Winegar voted to fire now-former Superintendent Corey Wise without cause. The Douglas County School Board has retained a second law firm in its defense against a lawsuit alleging the four board majority members violated open meetings laws. Secure your subscription to Colorados premier political news journal, in continuous publication since 1898. The attorneys also gave notice to the district to preserve evidence related to Wises firing. Give Light and the People Will Find Their Own Way, voted to fire now-former Superintendent Corey Wise without cause, for all records, emails and digital communications, they were confident Wise could do the job. When that news was made public in news reports and on social media, hundreds of DCSD educators called out of school on Feb. 3 in protest. The Adams County District Attorney's Office filed the charge , Republican gubernatorial candidate Heidi Ganahl on Monday announced Danny Moore as her running mate, a Navy veteran and entrepreneur who stoked controversy last year when he was removed as head of , Colorado mental health counselors in private practice say theyve been surprised once again with new rules that will make it harder to treat the states most vulnerable patients: those with , The Colorado tourism industry is bouncing back from the pandemic, but the recovery is not evenly distributed across the state. The celebration will highlight the things that make Colorado, , A 16-year-old faces a first-degree murder charge in connection with the fatal shooting of another teen in Ken Mitchell Park July 12.
I would also note that the judge made a finding that the Kids First Board members had come to a decision before the February 4th hearing where they fired Mr. Member subscribers also receive the weekly print edition of our award-winning newspaper, containing outstanding features and news stories, in their mailboxes every Saturday. School board members cited in the case were not immediately available to provide comment. President Peterson said he brought the idea of retaining Gessler Blue Law before the board on March 22 so it could consider diversifying its legal representation moving forward. If you feel like its appropriate for daisy-chain conversations to happen outside of public meetings, work with your legislators and try to get that passed. ", Gilkersonconcluded the meeting by telling us "That was what we kind of wanted to get across to them that yeah we don't want masks either but we are elected officials and we have to follow our oath that we took.". Marshall sued after Meek, Ray and Hanson made public allegations that the majority broke open meeting laws by privately asking former Superintendent Corey Wise to step down. The Douglas County School District and Douglas County Health Department have agreed to dismiss a lawsuit that began with the county's broad exemption from mask-wearing for public school students and ended last week with a reversal of that decision. They told the board, if their kids are not allowed to be in schools without masks, they would pull them from the school. Ray also voiced his displeasure that there were only 15 final applicants something he called unacceptable. Board President Mike Peterson said there was at one point 23 applicants, but some people had withdrawn their applications. Colorado Politics is published both in print and online. President Peterson, thats a gross misrepresentation of what happened, and I think you know that, she said. The Douglas County School Board decided to uphold a plan involving studentscontinuing to wear masks.
Most of the parents who spoke at the meeting didn't want to pull their children from school. At a Feb. 17 board meeting, some people said Peterson already had a new superintendent in mind because he had spoken with her before Peterson was fired: Erin Kane, executive director of schools for American Academy. Credit: KDVR. She wanted to try a new firm as the board challenges the order, she said, adding we have every right to appeal that., The person who we should be looking at thats wasting district money is the plaintiff. She said she was honored to have been asked. Let us know what's going on! If you made a voluntary contribution in 2021-2022, but do not yet have an online account, click here to create one at no additional charge. Front Range urban destinations have yet to see traffic return to 2019 , Copyright 2022 Colorado Community Media, click here to create one at no additional charge, Accountability questions could hinder Douglas County School District bond success, Views differ on whether high schools should stop naming valedictorians, EHS All-Classes Reunion is a fun-filled event for graduates from five decades, Ten years after Aurora theater shooting, community members gather for midnight vigil, Community invited to celebrate Colorado Day, Suspect faces charges in Brighton teen's death, Heidi Ganahl selects Danny Moore, Navy veteran who was removed as head of redistricting panel, as her running mate, Mental health providers say they were blindsided again by Medicaid policies, Colorado tourism businesses rebound in 2021, Powered by Creative Circle Media Solutions. Mentioning a narrative that could affect this is, in some cases, a creation of that narrative or reinforcing a narrative, Peterson said. Director Elizabeth Hanson fired back at Peterson for implying minority directors voluntarily acted as witnesses and informants for the plaintiffs attorneys. "[P]laintiffs have succeeded and have fulfilled the purpose of the lawsuit they brought and there is no need to further litigate the matter," the school district said on Friday in announcing the accord. Following the court order, Douglas County walked back its decision to allow broad exemptions for mask-wearing in schools. ", Followed by another parent saying"Mine are not going if they have to wear masks it's not going to happen again. The story also detailed how Kane sent a text message to Wise with language of his contract while Wise was speaking with some of the minority board members. A public comment caller said to the board"You guys have done your job and did what you have to do, and realize that sometimes there's only so much you can do. Subscribe to Colorado Politics today! Wise last week accepted a job as part of the team of Jeffco Public Schools superintendents. We know we did nothing wrong. ", Linda Gilkerson, the President of the Douglas County School District Board replied"Parents they have a choice and if they choose not to show up to school we will continue forward with those that do.". The judge has yet to weigh in on whether Wises firing was legal. Wise, which is the exact opposite to what they testified to under oath in open court. Additionally, the judges view that they had already come to that decision before the February 4th meeting strongly suggests that the Court would find it difficult to believe that Feb 4 meeting cured the firing of Mr. The Douglas County School District Board of Education named Erin Kane (left) and Danny Winsor (right) as the two finalists for the superintendent job. Director Susan Meek said its impossible for a firm to represent the full board without a conflict of interest. Board expected to interview finalists Erin Kane and Danny Winsor in public meeting Thursday. The board is expected to meet again at noon on Thursday, where the board will interview the finalists for the superintendent job in a public session. Blue is a former deputy attorney general for Colorado and Gessler is a former Colorado secretary of state. Want the real scoop? The revenue we receive from our advertisers helps make this site possible. Peterson chastised Meek for her comments about the reformer era and said he was only concerned with finding competent legal counsel, not with political narratives in the community. If you're a print subscriber, but do not yet have an online account, click here to create one. A federal judge issued a temporary restraining orderagainst the initial policy, acknowledging the plaintiffs would likely succeed in their claim that the policy violated the Americans with Disabilities Act, given that it prohibited the school district from accommodating at-risk students through the imposition of COVID-19 mitigation measures. After that motion was defeated, the board directors voted unanimously to move forward with Kane and Winsor as the sole finalists, then approved the resolution in another unanimous vote before adjourning Wednesdays meeting. There was a problem saving your notification.
Get up-to-the-minute news sent straight to your device. The boards debate about whether to bring on more counsel also broached the majoritys desire to appeal a judges order that prohibits serial meetings, as the four directors maintain they followed Colorado law to the letter.