The petitions alleged that the three board 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 and 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 attempt to remove the board members was filed after a board decision to allow transgender-identifying students to use the restroom that aligns with their gender identity without notice or discussion.
Claims in the complaint involved circumstances surrounding that decision.
The board’s action on transgender restroom accommodations was challenged in a federal lawsuit that was dismissed Monday by Judge Michael Newman of U.S. District Court in Dayton.
Newman dismissed claims by parents and students that the policy allowing transgender individuals to use restrooms consistent with their gender identities violates their constitutional rights.
The removal complaint case in Miami County also included allegations that Mansfield and Sebastian attempted to extend their authority beyond that outlined in policy for the board and that Elam allegedly used his board position to influence the hiring of his son by the district and voted on the hiring of a daughter-in-law instead of recusing himself from the vote.
Miami County Judge Jeannine Pratt stated in the ruling that the complaint as filed did not meet requirements needed to justify removal.
“Accepting all factual allegations of the complaint as true, they do not allege facts that constitute willful, flagrant improper exercises of authority or gross neglect of duty,” Pratt said. “In final analysis, the complaint does not allege cause for removal from office.”
The ruling can be appealed.
The Bethel Local Schools released a statement regarding the decision.
“A Miami County … judge dismissed the quasi-penal action, finding it unnecessary to hold a trial, which sought the removal of three school board members who were vocal in support of the administration following (attorney) Mr. John Podgurski’s advice to enforce federal law to eliminate discrimination,” the statement said. “The school district remains confident in the integrity of its organization, its mission, and its leadership.”
The three board members were contacted individually Tuesday. Mansfield and Sebastian declined further comment, referring to the district-issued statement. No reply was received from Elam.
Contact this contributing writer at nancykburr@aol.com
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