Open meetings lawsuit filed against Raymond School District
A parent has filed a lawsuit against the Raymond School District's board, saying members violated open meetings laws.
Mitchell Berman filed the suit April 11 in Racine County Circuit Court, alleging the School Board "held an illegal 'retreat' at a board member's house that was not held open to the public and was not preceded by proper public notice," according to a news release from the Wisconsin Transparency Project, a nonprofit law firm focused on open records and open meetings laws. Tom Kamenick, the president and founder of the Wisconsin Transparency Project, is representing Berman.
The lawsuit alleges four of the board's members and then-interim superintendent Michael Garvey attended a "retreat" Dec. 15, 2022, at board member Audrey Kostuch's house. According to the lawsuit, attendees discussed district business, such as the board's goals and priorities for the coming year and the board's search for a permanent superintendent at the retreat. The suit cites emails from board members and Garvey indicating discussions and agreements they made at the retreat.
The case could lead to fines of up to $300 against each board member as well as a declaration of the meeting being illegal and an award covering Berman's attorney fees, the release said.
“Garvey claimed that a retreat like this is 'not the public’s meeting,' which couldn’t be farther from the truth,” said Kamenick in the release. “All school board meetings are the public’s meetings, and we have the right to know about them and attend them.”
In a statement included in the news release, Berman said he was "deeply disappointed" in the board's conduct the past two years. He said the board has "shown defiance, obstructed open records requests and held meetings outside the purview of the public." He said he had exhausted "all other options" and was "left with no choice but to file a lawsuit to hold the Raymond Board of Education accountable for their illegal actions."
"This lawsuit is not only about seeking justice for their misconduct but also about sending a clear message that transparency and accountability are non-negotiable values that must be upheld in our community," Berman said in the statement.
On the board at the time of the retreat were Jeremiah Childers, Gwendilyn Keller, Kostuch, Jennifer Loppnow-Becker and Janell Wise, the complaint said. As of April, only Kostuch and Wise are still board members, according to the Raymond School District's website.
Loppnow-Becker said in a Facebook message to a reporter that she was not aware of the lawsuit.
"I believe this was already investigated by the Racine County Sheriff and there was no illegal activity found. I'd contact them for the report," Loppnow-Becker said.
A copy of the Racine County Sheriff's Office investigative report attached as an exhibit in the complaint said the department could not find probable cause for a violation of open meetings laws for the Dec. 15, 2022, retreat.
Wise said in an email to a reporter April 17 she was aware of the lawsuit and said she didn't have any comments "at this time."
Kostuch did not immediately respond to emails asking for comment. Keller did not immediately respond to a reporter's phone calls or emails seeking comment. Attempts to reach Childers were unsuccessful. Garvey did not immediately respond to a reporter's call to a number listed for him online.
Shana Lewis, the district's legal counsel, did not immediately respond to phone or email messages asking about the lawsuit.
Here's what to know about the complaint:
What is the board's regular practice for meeting postings?
Board meetings are publicly noticed on the Raymond School District's website. Notices announcing the meetings are also physically posted in the school office, the Raymond Village Hall and at a local business, E-Vergent.
What does the complaint allege happened at the retreat?
On Nov. 28, 2022, the board announced its members would attend a retreat Dec. 8, 2022. Between those dates, the board members and Garvey emailed each other to figure out what to discuss at the retreat, which included how to approach its superintendent search. The retreat was rescheduled for Dec. 15, 2022, due to a board member's illness, the complaint said.
On that day, Garvey and four board members — Kostuch, Wise, Keller and Loppnow-Becker — met at Kostuch's home for three to four hours, the complaint said. The search for a new superintendent was among the topics of discussion.
The complaint alleges there was no public notice given for the Dec. 15, 2022, retreat either on the district's website or any physical location; that Kostuch's home was not open to the public during that retreat; and that Kostuch's home "was not large enough to hold the number of people who typically attend Board meetings."
The complaint said the public did not learn about the retreat until the board's regular meeting on Dec. 19, 2022.
Complaint alleges an August 2023 retreat was canceled
When Berman shared information on Facebook about a retreat scheduled for August 2023, Wise attempted to discourage public attendance in social media conversations about the retreat.
"When it became clear that members of the public intended to attend the retreat, it was cancelled," the complaint said.
Berman filed a complaint Sept. 1, 2023, with the Racine County district attorney about the Dec. 15, 2022, retreat. It was forwarded to the Racine County Sheriff's Office to investigate.
During the sheriff's office's investigation, the district produced documents it claimed were agendas of the Dec. 8 and 15, 2022, meetings and minutes of the Dec. 15, 2022, retreat and said they had been posted. But according to Berman's April complaint, there is no record the district posted the agendas; the board never approved those minutes; that the minutes were created after Berman filed the complaint and that district officials lied about posting the minutes online. The April complaint also says the Dec. 15, 2022, retreat agenda did not mention the superintendent search.
What has been going on in the Raymond School District?
The open meetings lawsuit is one of several events that have affected the Raymond School District in the last several months.
Residents launched a recall effort against Wise and Keller. In February's recall election, Wise retained her seat in a race against Jennifer Hribar. Keller resigned before the election; two other candidates — Michael Pauer and Dean Langenfeld — ran for her seat. Pauer won that position.
The district has also faced upheaval with school district leadership, as the school board did not renew principal Jeff Peterson's contract in December 2023. Peterson had been on administrative leave while the district investigated allegations of misconduct.
During a school board hearing on Peterson's contract, an attorney representing the district, Lori Lubinsky, said Peterson was being recommended for nonrenewal because he did not comply with a performance improvement plan. Lubinsky also said there had been additional disciplinary actions taken against Peterson in the past for a variety of reasons.
In September 2023, Peterson had filed a discrimination complaint against the district with the state Department of Workforce Development, claiming he was put on leave because he was gay. Peterson's attorney said April 17 the investigation into that complaint is ongoing, and he expects it to be completed in the next few months.
In November 2023, Garvey resigned effective Dec. 31. He cited his health and well-being, as well as the toll of the legal entanglements the district had been facing had taken on his family.
To replace Peterson, the board approved a contract for interim principal Peter Kempen at the board's Nov. 20, 2023 meeting, according minutes on the district's website. To replace Garvey, the board hired interim superintendent James Heiden at a special meeting Dec. 18, 2023, according to meeting minutes. Heiden was hired to start Jan. 1 and to serve in the role until June 30.
The School Board on April 15 approved hiring a new superintendent, effective July 1: Michael Leach, Wisconsin Virtual Learning and Ozaukee High School executive director and principal.
It's unclear where things stand in the process of hiring a permanent principal.
What's next for the case?
On April 16, Racine County Circuit Court Judge David W. Paulson was assigned to the case. No hearing date has been set yet, according to online court records.
Contact Alec Johnson at (262) 875-9469 or alec.johnson@jrn.com. Follow him on Twitter at @AlecJohnson12.
This article originally appeared on Milwaukee Journal Sentinel: Open meetings lawsuit filed against Raymond School District
