School board rejects records lawsuit settlement

The Douglas County School Board group of three did not approve the settling agreement in the lawsuit accusing the four other trustees of possible records law violations during Tuesday’s board meeting.

Trustee Yvonne Wagstaff made a motion not to approve the settlement and to have the attorneys go back and negotiate a more favorable term for the district, which was second by trustee Carey Kangas and passed 3- 0 with vice president Linda Gilkerson in favor.

During the meeting it was advised by legal counsel, Joey Gilbert, that trustees Susan Jansen, David Burns, Doug Englekirk and Katherine Dickerson refrain from participating in the discussion of the settlement and to abstain from voting due to a conflict of interest, which left Gilkerson, Wagstaff, and Kangas carrying the motion.

On March 27, a lawsuit went before Douglas County District Court Judge Thomas Gregory, accusing the four of violating the Nevada Open Meeting Law after it was suspected that they were deliberating on board matters through private communications during and outside of board meetings.

"If they [the trustees] had just complied in the first place, then we wouldn't have been in the mess we are in," said Wagstaff. 

Gilbert agreed. But as it was concluded in court, the four did not turn over all that was asked of them. 

“This was an incredible waste of time,” said Englekirk. “I was given instruction on how to search my phone and my computer. I did the search, just like they asked and came up with everything and really didn’t have anything as I make it a point not to communicate with other board members. And the fact that this has happened is, to me, a travesty and the fact that it was brought as a law suit against the district is ridiculous. I’m sorry it happened and I am upset that it happened.”

The lawsuit was filed in August by former School Board Trustee Robbe Lehmann, former Douglas High School principal Marty Swisher, former HR Director Joe Girdner, and parent Dean Miller.

According to the lawsuit, a public records request revealed written communication between trustees through emails and texts from personal and district accounts, discussing board matters including the selection of the board president and vice president, the firing of former superintendent Keith Lewis, the firing of Maupin, Cox & LeGoy and hiring Joey Gilbert Law Firm, and suspicion that the newly elected trustees were subject to outside political influence.

“I want to make it clear, that I turned over everything," said Dickerson. "I thought they meant our personal phones, laptops and iPads. So, when I saw in court that there were things not turned in, I thought the district had done a search too. So, I just wanted to make that very clear.”

Gilbert said because of incidents like Dickerson’s, it was in both parties best interests to come up with an agreement.

“It was the district’s best interest to settle it right then and there and not continue with the hearings and the added costs of litigations,” said Gilbert.

As part of the settlement, a search was to be performed by Douglas County School District IT Director Michael Roth, the school district would be responsible for paying attorney costs for the petitioners, trustees were required to perform another thorough search from a mutually agreed third party, and the district would provide additional training to the trustees regarding the Nevada’s open records law.

"Ultimately, it's my belief, otherwise I wouldn't have asked for the settlement at the time I did, and this is my feeling; I'm not speaking on behalf of the trustees, I think Judge Gregory would have said that we need to do exactly what we agreed to do," said Gilbert. “I understand there’s contention here, but there are no admissions here of bad conduct, it just says look, we’re going to get this done."

Because the settlement was not approved it is back to the drawing board.

“Parties will attempt to work together to determine whether litigations will continue or if the parties can resolve the matter,” said Gilbert.