Men allege meetings violations

Two men have sued the Naselle/Grays River Valley School District over alleged violations of the state's Open Public Meetings Act.

The men, Steve R. Gacke and Steven Sultemeier, claim the district board of directors failed to follow the public meetings law when it held meetings in February and March.

Sultemeier had been a member of the district board of directors but resigned because of his concerns the board didn't give proper notification to the public about the meetings.

Listed as defendants are the school district and Hollis Fletcher, board chair, and Ed Darcher, vice-chair.

The complaint, filed May 6 in Pacific County Superior Court, said that Sultemeier received a voice mail from Fletcher during the morning of March 9 notifying him that there would be a special meeting of the board that evening. Sultemeier emailed District Clerk Marilyn Strange, asking if the meeting was an emergency meeting, which wouldn't require a 24 hour meeting notice, or was it a special meeting announced to the public 24 hours in advance, as required in the public meetings act. She responded in email that the meeting had been announced that morning. In another email, she said she would forward the questions to Fletcher so that he could respond.

Shortly after that, Sultemeier emailed fellow board members, saying, "The requested meeting for tonight is without proper notification.

"This is not an emergency meeting. It is a scheduled workshop which requires 24 hour public notification; this notification is required by law and our school board policy.

"If you hold this meeting, you will be violating board policy and the Open Public Meetings Act Section 42.30.080.

"This is my official notice of such violation and my notice of disapproval of this violation."

The board held the meeting, with all directors but Sultemeier attending.

On March 10, Sultemeier emailed the board members again.

"Due to the Board Chair's continued disregard to follow all of the rules set in policy, this Board Member feels that the community cannot receive or be heard properly, that this Board Member cannot represent the community as desired by the voters that placed him, and that the liability created by the Board Chair's actions is greater than the desire to remain; therefore, this Board Member has no choice but to make this a formal resignation from the Board effective immediately," he wrote.

The plaintiffs also claim that the announced agendas for a February 11 special meeting and the March 9 meeting failed to give adequate notice of the business to be conducted.

The agenda for the February 11 meeting was listed as 1. Call to Order; 2. Pledge of Allegiance; 3. Executive Session, and 4. Adjournment.

The agenda for the March 9 meeting was 1. Call to Order; 2. Pledge of Allegiance; 3. Board Workshop, and 4. Adjournment.

"Under the Open Public Meetings Act, the call and notice of a special meeting shall specify the time and place of the special meeting and the business to be transacted," the men say in the complaint.

The plaintiffs ask the court:

1. To declare any and all decisions made at the meetings to be null and void;

2. To assess civil penalties of $100 against each individual member of the board who attended the March 9 meeting;

3. To assess a civil penalty of $100 against each individual member of the board who attended the February 11 meeting;

4. To award plaintiffs' costs and attorney's fees;

5. For an injunction prohibiting future violations of the public meetings act;

6. To require the defendants to take corrective action as the court determines is appropriate, and

7. For such other and further relief as the court may deem appropriate.

The school district has 20 days from the date of service to respond to the complaint.

Gacke initiated the chain of events with a public records request to the district for email correspondence between Superintendent Rick Pass, Fletcher, Darcher and Director Deanna Gjovick from September 1, 2009, to March 16, 2010.

Representing the plaintiffs is the Allied Law Group, Seattle, which has represented other citizens and media organizations in public meetings law actions in Washington.