STARS Board Members Sued
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Neighborhood Youth Leadership operating as Sandhills Theatre Arts Renaissance School, along with others, filed a lawsuit against five STARS board members today.
Shanahan Law Group, of Raleigh, filed a motion for a temporary restraining order and a preliminary injunction against John Langley, Al Haltiwanger, Bonnie McPeake, O’Linda Gillis and Larry Graham — all referred to in the complaint as “holdover” board members who have violated the STARS charter by overstaying their term limits.
The complaint was filed on behalf of Fred Walden, Steven George and Cathy Buchan in their capacity as members of the STARS board members, the STARS Parent-Teacher Organization and parents of students, citing that the board members in question are jeopardizing the school’s viability.
In June, the board members voted to eliminate George and Buchan from the board as one of several amendments to the charter’s bylaws. The State Board of Education did not approve the amendments because the board members voting on them were in violation of their term limits.
Besides the violation of term limits, the complaint alleges that the board members took several actions violating state law and the school’s charter, including holding secret meetings in violation of N.C. open meetings laws and the school’s charter, approving resolutions at illegal meetings that violated the rights of legitimate board members and could potentially cause harm to the school, and ignoring compliance directives from the N.C. Office of Charter Schools.
On July 16, the N.C. Office of Charter Schools placed the board of directors on Governance Probationary Status for non-compliance with N.C. open meetings laws and for violating the bylaws of its own charter.
STARS attorney Kieran Shanahan said that the school could lose its charter over the next year if the board does not work together to become compliant.
“Time is of the essence here,” Shanahan said. “These recalcitrant board members need to be removed immediately.”
At a meeting July 23, Jack Moyer, director of the Office of Charter Schools instructed non-compliant board members to rotate off the board by October in order to takes steps towards compliance.
The complaint requests that the court remove the board members in violation of term limits, reinstate members who were improperly removed and appoint two new members.
It also asks that the court instruct the board not to hold meetings in violation of open meetings laws and that board chairman Fred Walden be allowed to remain on the board until October so that he can oversee the implementation of directives from the Office of Charter Schools.
Shanahan Law Group is no stranger to cases involving Moore County charter schools.
Last week, the firm helped The Academy of Moore County settle a case out of court with the State Board of Education.
Shanahan said he is hopeful that a hearing will be scheduled Monday morning.
Contact Hannah Sharpe by e-mail at hannah@thepilot.com.
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