Settlement over appointment of South Range BOE member now in question

NORTH LIMA

After South Range Board of Education issued a press release about its decision to move forward to resolve pending litigation with Richard Ferenchak, he decided to withdraw a settlement and move forward with the case.

In Ferenchak v. South Range Board of Education, Ferenchak filed for an injunction against the board in March, alleging violation of the state’s open meetings laws in the appointment of board member Amy White. He said South Range violated its own board policy by not only not interviewing all candidates, but also holding the selection of White, in secret, noting that a nameplate was prepared for her before the election.

Counsel settled on an agreement in which the school board would pay a fine plus Ferenchak’s legal fees and publicly admit the violation.

The board’s press release states the decision to resolve the matter was to eliminate costs associated with further litigation and to remove distraction over “abstract interpretations of the Sunshine Law” to install recently elected Board members.

“My agreement was that they admit a clear violation of the Sunshine Law, no parsing of my words; pay my legal costs; and pay the fine,” Ferenchak said. “I feel their press release clearly violates the spirit of the actual settlement itself.”

Read more about the matter in Tuesday's Vindicator or on Vindy.com.