Judge dismisses suit against board members

School board member say the effort to remove them isn’t cut and dried.

By TIM YOVICH

VINDICATOR TRUMBULL STAFF

WARREN — A judge has dismissed a lawsuit to remove from office three members of the Brookfield Board of Education.

In seeking the dismissal from Judge W. Wyatt McKay of Trumbull County Common Pleas Court, the Brookfield SOS Committee Inc., a group of citizens living in the school district, said it will renew its effort to remove the board members.

This precludes a status hearing on the dismissal scheduled for today before Judge McKay and trial that was scheduled to begin Friday.

The original lawsuit was filed Aug. 13 by SOS to remove Joseph Pasquerilla, Dean Fisher and Steven Varga from office.

But on Aug. 31, the three board members asked the court to dismiss SOS’ complaint because the allegations against them were not specific.

In a statement released Wednesday by SOS, the group said it will reinitiate a petition drive on which to base its complaint.

Fisher said after the dismissal, “I’m glad to see it wasn’t as cut and dried as they [SOS] were telling people. I’m glad justice has prevailed.”

When reminded that the group plans to renew its effort, Fisher responded, “And we’ll be here.”

To continue effort

SOS said in its statement, “We have learned that the procedure to recall an elected school board member is not an impossible or insurmountable task; however, it is a very complicated and technical process.”

It said that the group’s new attorneys have decided to “voluntarily withdraw the original petition” and had also asked the judge to dismiss the suit.

It went on to say, “The SOS will continue to pursue the legal options of a recall petition. We will be seeking signatures from the community once again on a newly drafted petition.”

The group statement said that those who already have signed the recall petition will be contacted again.

SOS had alleged the three board members flagrantly exercised authority or power not authorized by law, neglected to enforce the law, and are guilty of gross neglect of duty, misfeasance and malfeasance.

The group alleged the three made decisions without the knowledge of the other two board members, held executive sessions in the men’s restroom so a female board member couldn’t participate, didn’t bargain with teachers in good faith and established rules to prevent public discussion at board meetings.

yovich@vindy.com