Marshall seeks permanent injunction against school board

BY MCKENNA HARFORD MHARFORD@COLORADOCOMMUNITYMEDIA.COM

Rep. Bob Marshall, who sued the Douglas County School Board for violating Colorado Open Meetings Law, is asking the judge to reconsider issuing a permanent order barring the board from using a series of one-on-one conversations to discuss public business outside of public meetings.

Earlier this month, Douglas County District Court Judge Je rey Holmes ruled that school board members Becky Myers, President Mike Peterson, Christy Williams and Kaylee Winegar broke open meetings law when they had multiple one-on-one discussions about ring former superintendent Corey Wise last year.

While Holmes declared the board’s actions were illegal, he did not issue a permanent injunction, which would have ordered the board not to engage in serial meetings in the future. Holmes said in his ruling that he didn’t think the injunction was necessary.

In a motion led on June 27, Marshall’s attorney, Steve Zansberg, is requesting Holmes rethink his decision, arguing the board has shown they won’t follow the law in the future. As evidence, Zansberg cites Peterson’s statement following the judge’s ruling. Peterson said the board “will sim- ply rely on existing (Colorado Open Meetings Law) going forward.” e school board has yet to take action on the settlement, though on June 27, the board tabled a resolution that would have directed their attorney to negotiate how much of Marshall’s legal fees the board would pay. e terms of the settlement include an acknowledgement that Myers, Peterson, Williams and Wineger broke the law when they had private discussions about public business, a commitment from the board to not discuss public business outside of public meetings, except when legally allowed, and payment of Marshall’s $93,000 legal fees.

“ us, Mr. Peterson has declared publicly that he has no intention of having the Board he chairs abide by the Court’s ruling, which he considers contrary to his view of ‘existing’ (Colorado Open Meetings Law),” Zansberg said in the June 27 ling.

Attorneys for the school board have not yet led a response to Zansberg’s motion.

Peterson told Colorado Community Media that the motion is unfortunate because it will prolong the case.

Between March 11, 2022 and June 14, 2023, the district has paid $133,264 in legal costs.