On June 18, the District 86 Board of Education voted to eliminate the Buffer Zone. Based on public information from previous meetings, inconsistencies in their statements and actions, and subsequent conversations and research we believe that they violated the Open Meetings Act (OMA), a state law.
FAIR, an unincorporated association of concerned citizens, is retaining counsel to file a complaint against the District 86 Board of Education for this violation.
We believe that they discussed the Buffer Zone vote (a change to policy 7.31) during Closed Session instead of during the public, open meeting and vote on June 18, 2018. This is a violation of section 2.c.11. of the Open Meetings Act.
While courts have individual discretion on the remedies awarded for any case, typical remedies for OMA violations include:
* Issuance of an injunction to prevent future violations
* Orders to make public what was discussed in closed session
* Void any final action taken based on discussion held during the wrongfully held closed session
* Impose fines
If the case is validated and the typical remedy is awarded, the previous vote to eliminate the Buffer Zone will then be NULL and VOID. The June 18th meeting/vote will be required to be rerun.
Since more data, implications, and impact of their decision has come to light since the June 18 vote, we hope that they reconsider the vote entirely. The publicity and distraction that this lawsuit will bring to the board is during a time when energy should be focused on uniting the district to support the proposed referendum.
We are taking this action because we believe that there should be transparency in government and the actions that our elected school board has completed. We have not yet seen sufficient evidence that they are representing the best interests of all the children in the district.
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The FAIR team
Families Acting for Impartial Rezoning (FAIR)