The Metropolitan Transportation Network this week filed a countersuit against the Stillwater Area Public School District in Washington County District Court, alleging breach of contract; breach of duty of good faith and fair dealing; and racial discrimination.
The countersuit claims that the Fridley-based bus company, which was sued last week by Stillwater school district officials for alleged breach of contract, has complied with all of its obligations under its contract with the district.
According to the countersuit, the Stillwater school district breached its obligations under the contract “by attempting to force obligations on to MTN not required” under the contract.
The countersuit alleges that district officials breached their obligations by imposing fines and penalties in violation of the contract “with full knowledge that the pandemic, government action contributing to personnel not taking jobs (e.g. providing additional unemployment funds, etc.) and market conditions are leading to a nationwide and local driver shortage.”
In addition, the countersuit claims the school district breached its contract by encouraging “transportation management personnel to recruit drivers from MTN to work for other transportation providers” and failed to engage in mediation prior to bringing a lawsuit against MTN as required under contract. It also alleges that district “representatives engaged in plan and scheme to improperly and unlawfully recruit MTN employees to work for other (district-) approved transportation providers — contractors that had either a family relationship or business relationship” to the owner of a rival bus company.
Stillwater Area Public Schools sued MTN on Friday saying that the school-bus company has failed to provide agreed-upon busing services. A shortage of school-bus drivers means some buses in the district have been running up to an hour late.
The school district’s lawsuit alleged MTN had informed district officials that they plan to further breach the contract by not providing service to 21.5 bus routes starting Tuesday; district officials a few days later announced that the company would be able to cover seven more school bus routes than it previously thought.
MTN’s countersuit claims an alleged breach of duty of good faith and fair dealing by the district. District officials, they claim, “failed to refrain from making misrepresentations in blaming driver shortages on MTN in an e-mail to school district parents.”
The countersuit also claims that the district discriminated against the owner of MTN, Tashitaa Tufaa, who is identified in the 57-page document as an African-American immigrant. “As a direct and proximate result of the conduct of the Stillwater Area Public School District, MTN has suffered, and continues to suffer, injuries including, but not limited to lost income, lost customers, loss of business, and business development and advancement opportunities, and out-of-pocket expenses, as well as the humiliation, emotional distress, embarrassment, and anxiety of their owners,” the countersuit claims.
The countersuit is seeking damages in excess of $50,000.
Neither Tufaa nor his attorney responded to an email seeking comment; Superintendent Malinda Lansfeldt declined to comment on Wednesday.