PUEBLO, Colo. (KOAA) — A Pueblo District Court judge has ruled that District 70's appointment of a school board member violated Colorado's Open Meetings Law, ordering the board to redo the voting process publicly.
Three candidates sought the vacancy. Tara Stroesenreuther, Jonathan Lewis and Adolph Vigil filed the lawsuit against the district after none were selected for the open seat.
The vacancy stemmed from a February meeting that ended without a vote due to a medical emergency. The meeting was never formally reconvened or adjourned.
Board President Ann Bennett then appointed Suzie Carnes to the vacancy by executive decision, an action she is permitted to take if board members fail to reach an agreement. However, the appointment was made over email while the meeting remained unadjourned and without public notice.
Carnes was formally sworn in at the next board meeting.
"I got that email before I got the email that I wasn't selected," Stroesenreuther said to News Five.
The court order states that the appointment was made without the public being notified.
"The appointment was done in secret: precisely the type of formal action the (Colorado Open Meetings Law) prohibits," the court order states.
Stroesenreuther said the lack of transparency was frustrating.
"The concept of having to fight for them to be transparent and hold accountability and be for all families in the district was very disheartening," Stroesenreuther said.
The court has ordered the board to publicly redo the voting process, and ruled that the vote may be conducted by the board as it is currently constituted.
Stroesenreuther and the other plaintiffs are asking the judge to reconsider that decision, arguing the vote should instead be conducted by the board members who were present at the original unadjourned meeting.
The school board is also filing an appeal for a stay of judgment with the Court of Appeals.
"We were trying to just kind of sit to see what would happen because there wasn't really a formal meeting. It was never reconvened," Stroesenreuther said.
A statement from the plaintiffs' attorney reads:
'On August 31st, Judge Chostner denied the Board's motion for a stay pending appeal, finding the Board had not shown a likelihood of success on appeal and that delaying the order would not serve the public interest. The court also denied our motion asking that the specific board members present on February 10th be the ones to reconvene the vote — the court found its authority is limited to ordering a compliant public meeting, not dictating its composition.
The Board has since filed a motion asking the Court of Appeals directly for a stay.
Our hearts are heavy with what this continued litigation is costing our district — resources that should be going to our students and classrooms. We hope the Board will look at where things stand and choose to move forward in the open, the way the law requires, rather than continuing down this path.”
D70 says it does not comment on ongoing litigation.
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