Fallsnewspress.com - Board files appeal in Patterson case

by Ellin Walsh

Reporter

Cuyahoga Falls -- The city school district's Board of Education is appealing a judge's ruling in favor of a former member who filed a legal complaint against it -- and is seeking assistance from a state group in doing so.

The Cuyahoga Falls Board of Education voted 4-1, with Barb Gunter dissenting, Aug. 23 to appeal the verdict in Kellie Patterson's legal complaint against the Board and to request assistance from the Ohio School Boards Association Legal Assistance Fund "via any means it deems appropriate."

Patterson, who served on the School Board from 2006 to 2009, had alleged the Board repeatedly violated Ohio's open meetings law. Last month, Summit County Common Pleas Judge Mary Margaret Rowlands adopted the decision issued by Magistrate John Shoemaker in April which ordered the Board to stop several "violations" and pay Patterson's legal fees plus $500.

The Board's attorney, Craig G. Pelini, has maintained the Sunshine Law was never violated.

The appeal will be filed with the Ninth District Court of Appeals.

"I think that enough time and enough money has been wasted on this litigation and it is time for the School Board to let go of all the bitterness and the emotion of the past and move forward," Gunter told her colleagues Aug. 23.

"I would agree that a lot of drama and unnecessary time has been spent," Board member Dale Petty said, "but I think our attorney indicated that there wouldn't be a lot of involvement by the Board [in the appeal]."

"I do agree that it's time to put bitterness and the past behind us," said Dunphy, who told the Falls News-Press in a previous interview that she was "disappointed" with the judge's ruling last month. "... I do think the Board focus should be on matters at hand, but, frankly, we're not going to be the ones driving the appeal."

While the Board's attorney can offer an estimate, Gunter said "he cannot guarantee what that final bill will be."

"This is pending litigation for the Board," Dunphy said, adding, "Costs won't be determined until the outcome is final."

Pelini did not respond to an e-mail by press time.

"I don't think this community wants to see six figures spent on such nonsense," Gunter told her colleagues.

"We're not talking about Board money of six figures," Board Vice President David Rump said.

Board member Curtis Grimes said he thinks the Board needs to distance itself from both "the past" and "current drama" and focus on the task for which it was elected: "to help educate the children of our district."

"But we also have to have the truth be told," Grimes added.

The next regularly scheduled Board meeting is Sept. 27 at 6:30 p.m. in the Falls High library, 2300 Fourth St.

E-mail: ewalsh@recordpub.com

Phone: 330-686-3908