Newberg school board members violated open meetings law, judge says
Published 11:22 am Monday, February 5, 2024
- In this 2021 file photo, a parent and counselor in the Newberg School District joins a protest against school board policy banning pride flags and Black Lives Matter banners. The courts found the policy unconstitutional, and separately, a judge last month ruled school board members violated the open meetings law.
A Yamhill County judge found last month that four current and former members of the Newberg School Board violated Oregon public meetings law by privately communicating as a quorum in order to hire an outside attorney they believed would support their views on running the district.
The finding springs from a 2021 lawsuit brought by seven parents against the Newberg School District and four conservative members of the board following controversy over a district policy — since found unconstitutional — that tried to ban teachers and other employees from displaying signs such as pride flags and Black Lives Matter banners. The board members communicated outside of a public meeting in summer 2021 in order to hire Canby lawyer Tyler Smith, who argued the flag policy could be deemed constitutional, according to the judge’s finding.
In a four-page letter dated Jan. 25, Yamhill County Circuit Judge Cynthia Easterday wrote that school board members Dave Brown, Brian Shannon, Renee Powell and Trevor DeHart acted with “intentional disregard” to open meetings law, which requires that a quorum of elected officials deliberate in public. Brown and Shannon no longer serve on the school board; Powell and DeHart do.
“[E]vidence is sufficient, by a preponderance of the evidence standard, to establish that the defendants met as a quorum of the Board privately,” Easterday wrote. “The court finds that the defendants were trying to get around the public meetings law in order to have Mr. Smith, an attorney aligned with their legal objectives, to provide legal consultation.”
Judy Snyder, an attorney for the seven parents, applauded the decision. “The finding is well supported by the evidence,” she said.
Bob Steringer, an attorney for the school district, said the public body had not decided whether to appeal. He also noted the parties to the civil suit have until Feb. 12 to file any objections to the court’s finding.
Brown and DeHart did not immediately respond Sunday to a request for comment from The Oregonian.
Shannon, reached by phone, said he wanted first to speak with his attorney. That lawyer, Chelsea Pyasetskyy, did not immediately respond to an email from The Oregonian on Sunday.
A woman who answered the phone at a home belonging to Powell said she was displeased by the decision. “We’re supporters of the conservative side, and so we’re disappointed,” she said. “That’s about all I can say.”