Judge Deciding Whether Douglas County Board Violated Open Meetings Law
CASTLE ROCK, Colo. (CBS4)- A district court judge in Douglas County will decide a lawsuit over a claim of a violation of Colorado's Open Meetings Law in the firing of Douglas County Schools Superintendent Corey Wise. Judge Jeffery K. Holmes says he will issue a written decision in a request for a preliminary injunction about the firing of Wise in a Feb. 4 school board meeting after hearing testimony Friday.
The suit was filed by attorney and Douglas County resident Robert Marshall. Marshall claims the board's newly elected four-member majority had a series of private conversations about the future of Wise as superintendent in January, before acting to fire him during a board meeting on Feb. 4.
"He understands the issue," Marshall said of Holmes. "Director A talked to Director B who talked to Director C. He gets what the problem is and again if this practice is allowed to stand, well there is no Colorado Open Meeting Law anymore. Anyone can get around it and figure out how to get around it."
The law requires "All meetings of a quorum, or three or more members of a local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings."
But there are more conversations covered.
"A meeting is 'any kind of gathering, convened to discuss public business, in person, by telephone, or by other means of communication," according to Colorado statute.
That can include email in which people use the reply all function and there are three or more people discussing public business.
An attorney for the district said because the conversations occurred in a daisy chain manner, they were not covered.
"In clear hindsight do I regret my vote to February 4th, no," said Board President Mike Peterson. "In clear hindsight would I have done some things differently sequentially, probably yes."
Peterson also indicated during testimony he had not decided about Wise's future during a conversation with him days before Wise was fired. But Marshall and his attorney claim since Wise was given four options, all of which were to leave, it meant the decision was already made.
Judge Holmes said he would issue a written ruling in the request for a preliminary injunction that would be a rebuke of the board members' actions. He gave no date.