markbellune@yahoo.com

A District 5 move to end a legal battle with a former board member is being rejected as unconstitutional.

Former board member Kim Murphy’s lawyer said the district is trying to keep Murphy quiet in exchange for dropping its lawsuits.

Paul Porter said Murphy had until April 18 to reply to the district. The district’s offer would have made it harder for her to file lawsuits against the district for 5 years or face a $2 million fine.

“Their vote is a show vote,” Porter told the Chronicle. “The board rolled out this show vote in a very public fashion because they are scared they look like bullies.

“The fact that they think an offer asking someone to voluntarily restrict their own rights will make the board look reasonable shows that they are out of touch and that they have more pride than sense. If the proposed pre-clearance process was really a fair shake, then why isn’t the pre-clearance process mutual?

“This behavior concerns me. That the board charged with overseeing the education of District 5’s students has such a flagrant and limited understanding of how Constitutional Rights work.

“We will not accept this.”

A district press release said Murphy’s interference in a Chapin High expansion cost the district $10 million.

The press release reads:

“The district’s board voted unanimously to make an offer to dismiss its counterclaims against Murphy, a former board member who initiated multiple lawsuits against the district, with a stipulation that Murphy would agree that she would not file any legal action against the school district and its officials for 5 years without complying with several prefiling procedures.

“The proposal is an effort to resolve a 2013 suit brought by Murphy.

“Her claims in that suit have been resolved in the school district’s favor. However, the district’s compulsory counterclaims against her remain pending.”

District 5 attorney John Reagle said the case is nearing trial and that the offer is “an effort to promote resolution to this matter, taking into account a resolution that protects the district, students, and taxpayers from further wasteful and unnecessary litigation as well as protecting Ms. Murphy’s constitutional rights.

“Much has been said about the district ‘bullying’ Ms. Murphy,” said Reagle. “However, as alleged in the district’s counterclaims, her actions deprived the students of the timely use of new and improved facilities at Chapin High School. Just as the school district would seek to hold anyone accountable for damages to school property caused by their improper and disruptive acts… the School Board was obligated as stewards of the school district’s resources and assets to protect its students’ and taxpayers’ interests to hold Ms. Murphy accountable for the consequences of her abusive appeals and lawsuits in pursuit of her personal interests.”

The motion made during the April 8 board meeting included a statement that “Kim Murphy initiated multiple lawsuits against school District 5, including a suit seeking to prevent the District’s approved development of Chapin High School around June 2010.

“The counterclaims demand is based upon the district’s 2012 determination that the delays and expenses resulting from Murphy’s claims resulted in more than $10 million in unnecessary additional costs to the district and taxpayers. The offer by the district will remain open until April 18.

“If she accepts the offer, the counterclaims would be dismissed.”

Murphy was elected to a Richland County seat on the board in November 2010 and was pursuing the legal action to oppose the district’s requests for permits for the Chapin High site while she was serving on the board. Murphy was removed from the board after the courts ruled she did not live in the county she represented.