Courier Journal files suit against Jefferson County Board of Education

Days before Jefferson County Public Schools begins its journey with a new leader, The Courier Journal filed a lawsuit against the school board, alleging wrongdoing in the hiring of the next superintendent.

Harold Brian Yearwood was officially hired by the Jefferson County Board of Education May 29, a week after board members violated the state's Open Meetings Act when they decided in closed session which of two candidates to begin contract negotiations with, the suit, filed on June 27, alleges.

Board members met in executive session the evening of May 22 to discuss Yearwood and the other finalist for superintendent, Ben Shuldiner. After, in a public meeting, five of seven board members voted in favor of authorizing contract negotiations with an unnamed candidate, which meeting minutes later referred to as "the finalist identified in closed session."

During the public meeting, no discussion or debate occurred indicating why five board members supported hiring Yearwood or why two board members did not. Additionally, Yearwood's name was not disclosed to the public at that time.

All of these, according to attorney Michael Abate, who represents The Courier Journal, are "very clear" violations of state law.

"The law is very clear," Abate said, adding that the public also has the right to know "what their elected board members thought about this choice and what they contributed to the process."

The Open Meetings Act states that "the formation of public policy is public business," and all "meetings of a quorum of the members of any public agency at which any public business is discussed or at which any action is taken by the agency, shall be public meetings, open to the public at all times," with narrow exceptions.

Attorneys representing the board disagreed with the alleged violations, however, by denying that any decision was made during the closed session.

In a letter sent in response to a complaint filed against the board, which outlines the same issues as the lawsuit, JCPS lawyer Kevin Brown indicated no Open Meetings Act violations occurred and that the board "has been fully transparent throughout its search for a new superintendent."

Brown's letter indicates that the community was invited to public forums "to weigh in on the merits and qualifications" of the finalists, before the board voted to offer a contract to Yearwood — though the community's feedback from those forums did not support the hiring of Yearwood, nor did surveys from teachers and principals.

Still, Brown wrote that the board fulfilled its "legal and moral obligation to do the public's work in the open."

Additionally, he argued, "While discussions concerning the finalist occurred (in closed session), no vote, agreement, or action was taken during the closed session (except for the appropriate vote to end he closed session)."

This claim, the lawsuit states, is a disingenuous claim made "despite admitting in its public meeting minutes that the board had specifically 'identified' a 'finalist' to whom it wanted to make an offer to and with whom it wanted to begin contract negotiations."

The lawsuit seeks to have the board publicly admit violating state law; discuss in open session at its next meeting how the decision to conduct the contract negotiations in such a way was made and why Yearwood was selected; and to release any records related to the improper executive session.

Krista Johnson covers education and children. Have story ideas or questions? Contact her at [email protected] and subscribe to her newsletter.