The Stillwater district faces a third legal challenge of a plan to close three elementary schools, and the lawsuit alleges school leaders held secret meetings and failed to disclose conflicts of interests.
A group called 834 VOICE, or Voters Invested in Our Children’s Education, that is opposed to school board members’ decision to close Withrow, Marine and Oak Park elementary schools filed the lawsuit Wednesday in Washington County District Court.
The lawsuit aims to stop Superintendent Denise Pontrelli’s Building Opportunities to Learn and Discover, or BOLD, plan that will close the three schools. Pontrelli says the plan will allow the district to use resources more efficiently and effectively.
Opponents don’t believe the BOLD plan will make the district more efficient. They say closing their schools will be devastating to their communities.
The 834 VOICE lawsuit claims:
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School board members exchanged emails about the BOLD plan in order to circumvent open-meetings laws.
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District leaders undermined required public hearings about the school closures by limiting testimony of opponents of the plan.
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School officials violated the Minnesota Fair Campaign Practices Act by promising during a 2015 capital levy campaign to improve the schools it now plans to close.
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Board member Kathy Buchholz and finance director Kristen Hoheisel failed to disclose conflicts of interest because their spouses are employed by architecture and financial firms used by the district for construction and borrowing related to the capital levy.
School leaders have rejected claims that they acted improperly while considering the BOLD plan. The proposal was approved March 3 by the school board with a 5-2 vote.
A district email sent to families called “dissension” within the community and accusations of conflicts of interest “part of a political agenda.”
“As district leaders we will do our best to answer questions and respond appropriately when allegations are made. There are some things we cannot say in a time of litigation,” the email said. “We are looking forward and we are devoting our time, attention and resources toward planning and implementing the school board approved changes with excellence.”
A statement on the district’s website said the Minnesota state auditor’s office has twice reviewed the district’s decision to use a financial adviser, Robert W. Baird Co., where Hoheisel’s husband, Mike Hoheisel, works. Both reviews found there was no conflict of interest, the statement said.
The statement did not address the lawsuit’s conflict of interest allegation regarding the district’s hiring of architectural firm BWBR, where Buchholz’s husband, Brian Buchholz, is a vice president. The lawsuit claims the district entered into a no-bid contract with BWBR worth $5 million.
A district spokeswoman said school officials would have no further comment Wednesday. Kathy Buchholz was unable to be reached for comment Wednesday evening.
The 834 VOICE lawsuit is the third legal challenge of the board’s decision to close Withrow, Marine and Oak Park. The group has already asked an appeals court to review the district’s decision-making process, and a hearing is expected this summer.
Stillwater resident Melissa Douglas asked a district court judge to stop the school closures for similar reasons tied to the 2015 capital levy campaign. Attorneys for the district have rejected her claims, and a hearing is set for June.
At their regular board meeting Thursday, school board members will consider a request from 834 VOICE members to delay any future decisions related to the BOLD plan until after legal challenges are decided.
Board members had planned to vote on school boundary changes but decided to delay that decision at least a month.