DOUGLAS COUNTY, Colo. (KDVR) — The four members of Douglas County’s school board who voted to oust former superintendent Corey Wise are now facing a lawsuit claiming they violated Colorado’s open meetings laws.
The suit, which was filed Feb. 14 in Douglas County district court, alleges the board members engaged in a series of one-on-one meetings to intentionally skirt laws requiring a meeting between three or more board members be conducted in a public forum.
Before voting to terminate the superintendent’s contract on Feb. 4, board member Christy Williams said, “I followed the law to the letter. Because we are a local board, sunshine laws are that two of us can be together at any time without calling a public meeting. At no time was I with more than one other director at any given moment.”
On Feb. 3, Board President Mike Peterson said in a statement, “At no time, did I or any of the majority board members violate any laws related to the discussion of any personnel matter.”
The lawsuit claims that “multiple other jurisdictions have found that weaving together multiple two-person meetings to engage in a collective discussion among the requisite number to constitute a ‘meeting’ is no different than if all the individuals had met simultaneously.”
According to the Colorado Freedom of Information Coalition, the issue, sometimes referred to as “serial meetings” or “walking quorums,” has never been litigated in Colorado.
“We all know the conduct occurred. Is it legal conduct?” said Robert Marshall, who filed the lawsuit.
The outcome could have major implications either way.
The lawsuit seeks a ruling stating the board’s method of meeting was illegal, an injunction blocking them from engaging in similar meetings in the future and to nullify the vote to terminate Wise’s contract.
“We are asking to reinstate Corey Wise. I don’t even know Corey Wise. I don’t know if he’s a great guy or a bad guy. I just know what happened was ridiculous and they need to follow the law,” Marshall said.
If the lawsuit fails, favoring the board members, Marshall said he worries about the message it will send to other public officials.
“The big one, of course, is if they say these walking quorums and daisy-chaining is proper, well there’s no more Colorado open meetings law. I mean, it just does not exist anymore because everyone knows how to circumvent it and get around it,” he said.