The three board members claim the petitions calling for their removal for alleged misconduct fail to provide required specificity to allow for a proper legal response.
“Removal of three of the five BOE members is sought not because they should be divested of office for committing wrongdoing under the law but because they have publicly acknowledged the BOE’s legal duty to comply with equal access to restrooms for transgender public-schooled students in compliance with state and federal law, and existent board policy, prohibiting discrimination on the basis of sex, orientation and gender identity,” attorneys for the board members wrote in the response.
The board members’ attorneys also claim that the complaint lacks merit and is unsigned by any individual/group bringing the action.
Petitions calling for the three board members’ removal by the court were filed in November. The petitioners claim the board members are guilty of neglect of duty and misconduct.
The members have “willfully and flagrantly exercised authority or power not authorized by law, refused or willfully neglected to enforce the law and to perform official duties imposed upon them by law, exceeded the scope of their responsibility and/or authority, are guilty of gross neglect of duty, malfeasance and/or authority and are guilty of gross neglect of duty, misfeasance and/or nonfeasance in office,” the removal petitions allege
Among claims in the complaint is the board met in a Dec. 7 (2021) executive session and allegedly decided to allow “trans identifying students to use the restroom that aligns with their gender identity without notice or discussion to the remainder of the board, in violation of Ohio’s Open Meetings laws.”
Because of that alleged improper executive session, the petitioners asked the court to immediately remove the three board members from office while the case is pending.
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