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Injunction sought against South Range for illegal appointment
By ROBERT CONNELLY
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 Local 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.”
Ferenchak, a frequent public speaker at South Range board meetings, said he applied the first time to see if South Range would follow its own bylaws and interview every candidate. It didn’t.
“They just continue to do what they want to do, the way they want to do it, and I believe there’s right and wrong, and they screwed it up,” he said. “I just don’t think they’re transparent, and I’m obviously not the only one [who] feels like that because their levies are falling two to one.”
The complaint walks through the time line from Zinz’s resignation to last week’s special meeting where White’s resignation was accepted and the school district restarted the process.
A voice message to board president Ralph Wince and an email message to all four board members — Wince, Jeff Good, Dale Murray and Ed Pierson — were not returned Wednesday. A voice message for White also was not returned Wednesday. A voicemail to a spokesperson for South Range schools at the Mahoning County Educational Service Center was not returned Wednesday.
Ferenchak was one of five applicants who applied for the opening; there was a sixth applicant who filed after the deadline. The injunction states that South Range violated its own board policy by not interviewing all candidates, and it had decided to interview two during an executive session March 12. Ferenchak was contacted “on or about March 7” and was told he would not be interviewed.
That decision to interview only two of the five candidates was not made in an open meeting, the complaint states. From there, the selection of White at the March 12 meeting was not done in public, as well as preparing a nameplate, her oath of office and resolution to appoint her all violated the state’s open-meeting laws.
“A subsequent vote at an open meeting which serves only to confirm the collective decision/consensus reached on March 12, 2015, in violation of the Open Meeting Act, does not cure or resolve the violation,” the complaint states. “Any attempt to ‘cure’ the violation requires at a minimum that the invalid action be rescinded, vacated and/or acknowledged as vacated.”
“The concept that determining not to interview everyone or that consensus developed around a candidate is a misread of the Sunshine Law given the nature of executive sessions and the purpose of going into executive session,” Britton countered.
Farris argues that by White’s resigning — and the board’s maintaining it did nothing wrong — it is viewing that as resetting the 30-day time period to fill a vacancy. If the decision is not made in 30 days, the decision goes to Mahoning County Probate Judge Robert N. Rusu Jr., per South Range’s bylaws.
“The Board’s refusal to rescind or vacate its invalid action of appointing Amy White while she instead resigns is merely a cynical attempt to deflect unwanted attention and criticism regarding its illegal actions and seek to preserve the Board’s authority to fill the vacancy,” the injunction argues.
Farris further said, “So, they are, in fact, benefiting from their violation.”
“We have to defend ourselves and the idea of rescinding something that doesn’t need to be rescinded is an effort to embarrass the board,” Britton said.
Britton has previously argued that a consensus can develop in executive session among peers talking about candidates.
“A consensus and a collective decision are the same thing, and it’s an admission as far as I’m concerned,” Farris said of Britton’s stance.
In the background of this matter is the approaching operating levy on the May 5 ballot. That is a three-year, 4.9-mill operating levy that would generate $931,838 over three years and cost the owner of a $100,000 home $171.50 a year.