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Ferenchak withdraws deal, goes forward with case
By AMANDA TONOLI
NORTH LIMA
A South Range Board of Education press release about its decision to resolve pending litigation over a Sunshine Law violation only furthered Richard Ferenchak’s resolve to see the district in court.
Ferenchak has decided to withdraw a settlement deal and move forward with the case.
“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.”
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 interviewing all candidates. He also alleged the selection of White was made in secret, noting that a nameplate was prepared for her even before the board met in public to vote for her.
Both sides 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.
“The press release implied Ferenchak was this troublemaker,” said Atty. Anthony Farris, Ferenchak’s attorney and former Youngstown law director. He said the problem with the press release was that it didn’t publicly admit a wrong.
Ferenchak said people are more apt to read newspapers and the press release than the court judgment in which the board would be admitting the violation.
If a public apology is issued and Superintendent Dennis Dunham retracts the board’s press release, Ferenchak said he will gladly settle to the terms agreed upon.
“If they were smart they would’ve waited until after the agreement was signed,” Ferenchak said. “Their arrogance is amazing. I have three kids and I have always told them they will get in way less trouble if they admit a wrong when they commit it and apologize, rather than to hide it and try to defend the indefensible.
“All I want them to do is admit their mistake, promise to adhere to the Sunshine Laws and move on.”
Over the last few days, Farris discussed the matter with South Range’s counsel, Atty. John Britton and Atty. Megan Bair, who said they were going to file a motion to compel Ferenchak to go through with the settlement, Farris said.
The decision on that ruling is up to the courts.
The press release causing Ferenchak to withdraw the agreement was issued the morning of Dec. 21.
The board met that same day at 6:30 p.m.
“What is ironic is that the press release itself is probably another Sunshine violation since it was released before the vote was taken. Therefore, how did Dennis Durham know what the outcome was going to be unless he met them before the meeting?” Ferenchak asked.
The superintendent referred The Vindicator to its legal counsel for any comment regarding the pending litigation, but counsel did not return several phone calls.