Lawsuit filed against school board trustees, superintendent

UPDATED:

David Kelley, a lawyer and volunteer assistant with the Ennis High School speech and debate team, has filed a four-count lawsuit against the Ennis School Board trustees and superintendent Doug Walsh centering on Walsh’s contract and a recent school board meeting.

“I don’t sue them lightly,” Kelley said. “They have violated some of the most fundamental rights enumerated in the Montana Constitution. It’s time to go to court and give this to a judge and jury.”

As of 2 p.m. on Tuesday, none of the parties of the suit had been served with the lawsuit, Walsh said.

“I really shouldn’t comment at this time until I know what it’s about,” he said. “I really haven’t seen it.”

Marc Glines, school board chairman, also declined to comment, pointing to the advice from the school board’s attorney.

Kelley’s lawsuit claims that Walsh’s contract as bus supervisor is fraudulent. The lawsuit claims the superintendent and school board intended to hide the contract from the public and that it has no relationship to Walsh’s actual duties and responsibilities making it fraudulent.

The lawsuit also claims when the school board met for lunch on Aug. 9, that the gathering constituted a meeting and should have been publicly noticed as such.

“The above defendants knew, or should have known, that said meeting was required to be open to the public and that the public was entitled to notice of said meeting,” reads the lawsuit.

The third count in the lawsuit says the school board trustees have failed to perform their duties by not providing Kelley with requested records.

The fourth count claims the school board spent tax money illegally.

The lawsuit was filed Monday in District Court in Virginia City.

As of Monday afternoon at 2 p.m. neither Walsh nor Ennis School Board chairman Marc Glines had seen the lawsuit and neither had comment.

The full text of Kelley’s lawsuit can be found here.

See this week’s Madisonian newspaper and check back to our Website for more on this story.

Correction: An earlier version of this story incorrectly stated Kelley’s role with the Ennis High School Speech and Debate team.

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