South Range taxpayer seeks injunction against BOE appointment

NORTH LIMA

A complaint for injunction filed Wednesday against the South Range Board of Education states it violated state law in the appointment process of Amy White.

A similar stance was argued by The Vindicator’s attorney, David Marburger, in the days after the March 16 appointment of White.

The injunction seeks a finding that decisions made March 7 — to limit the candidate pool — and March 12

— a collective decision to appoint White — are invalid. Also sought is a $500 fine for each act. It seeks a finding against the South Range School District and board of education to comply with state law and the state’s Open Meetings Act.

Resident Richard Ferenchak and his attorney, Atty. Anthony J. Farris, former Youngstown city law director, filed the matter Wednesday with Mahoning County Common Pleas Court.

“Well, I think it was very surprising that they took that position” that the board did nothing wrong, Farris said. “Most local governments in this position would acknowledge what they did was wrong.”

Atty. John Britton, representing South Range schools, remained firm in his stance that the school board did nothing wrong during the appointment to fill the board’s vacancy

after Bruce Zinz’s resignation Feb. 16.

“Our position remains that there was no violation of the open-meetings law, and we will defend the case vigorously,” Britton said.

Though he had not seen the filing as of late Wednesday afternoon, he did note Ferenchak filed it.

“This is a fella that was not elected after trying to do that. Was not appointed. So I guess litigation is the next step in trying to get a seat,” Britton said.

“I’m not putting my name in for a seat,” Ferenchak noted. “I’m doing it out of principle.”

Read more about the dispute in Thursday's Vindicator or on Vindy.com.