Continuously serving Kosciusko County since 1854
A temporary restraining order against Warsaw school corporation's removal of material or equipment from Atwood, Claypool or Silver Lake elementary schools prior to June 22 was signed by special judge the Honorable Douglas Morton of Fulton County Friday.
The order is the result of Thursday's talks between Concerned Citizens for Quality Education Inc. representatives, Warsaw Community Schools Corp. administration, WCS school board members and their attorneys.
Morton was named to replace Kosciusko Circuit Court Judge Rex Reed, who recused himself from the case Nov. 7.
Defendant David McGuire, WCS superintendent sat with his attorney Tom Wheeler of Indianapolis, and plaintiffs Becky Thomas, Vallerie Rowland and Mary Green sat with their attorney John Price, also of Indianapolis, Friday afternoon.
The spectator section of the courtroom was nearly filled to capacity.
Thursday's scheduled mediation turned into an informal discussion when Wheeler declared a conflict of interest with school board members Gene England and Ron Yeiter. Both men consistently voted against closing the three elementary schools, at odds with the school corporation.
At the March school board meeting, a majority of the school board members - Craig Allebach, Larry Chamberlain, Cathy Folk and James Folk - voted to give McGuire the authority to mediate and settle the lawsuit on their behalf. England, Yeiter and Mark Minatel voted against that proposal.
Wheeler said the school board representatives agreed to discuss a referendum for voters in May and a remonstrance action at Monday's school board meeting.
England and Yeiter were offered independent counsel to protect them against any liability as individuals, Wheeler said.
Morton said he was called from a jury trial in Rochester to settle the matter. He added that the jury convened at 2 p.m. Thursday and did not render a verdict until 3 a.m. Friday, and that he was a bit tired.
The temporary restraining order prohibits the (1) permanent removal of any items from Atwood, Claypool or Silver Lake elementary schools and (2) boxing or crating for removal any items in classrooms at the schools until the last day of school.
Teachers or administrators may box, transport or store personal materials or classroom materials in any fashion they feel appropriate.
Price advised the judge that when the school board voted to give McGuire authority to mediate and settle the lawsuit on their behalf, additional clarifications would be sought from school board attorney Max Reed.
"Conflict of interest problems were known then," Price said.
Wheeler said it is not uncommon to see school board members named as individuals in lawsuits, however, Indiana law holds them harmless as individuals.
Morton advised the two groups to work it out between themselves.
Price also said the school board has agreed to discuss a public referendum for the May primary regarding a school closing or establishing a remonstrace petition on the topic.
The public referendum would bring the school closings to registered voters; both sides would have to agree upon the wording of such a balloted item.
If a remonstrance is approved, two petitions would be circulated, one each for and against the school closings. Whichever "side" collects the most signatures from property owners would decide the issue.
Wheeler also suggested the next hearing be held in Fulton County so the judge wouldn't have to travel so far, a suggestion Morton dismissed.
"Look behind you," he said, indicating the filled gallery seats. "The nature of being a special judge means I have to travel. I wouldn't ask all these people to go that distance."
The next court date for this lawsuit will be May 7 at 9:30 a.m. when Morton will hear WCS' oral arguments to dismiss the case and CCQE's reasons for continuation.
