Douglas County School District files lawsuit against teacher
MINDEN – A civil case asking a judge to keep Douglas High School teacher Randy Green off the school board was filed by the Douglas County School District’s lawyers last week.
The motion also names Douglas County Clerk-Treasurer Barbara Reed, and asks the judge to stop the clerk from administering an oath of office unless Green resigns as a teacher for Douglas County.
The motion asks the court to give the case high priority. The case will be assigned to Judge Michael Gibbons, but a date was not set before the court, closed for the Thanksgiving weekend.
At the Nov. 14 school board meeting at Kingsbury Middle School, the school board voted unanimously to file the motion in District Court in order to get a clarification of the Nevada Revised Statute.
The Nevada State School Board Association is also named as a plaintiff in the matter.
“Plaintiffs will suffer irreparable harm if defendant Green is allowed to remain employed as a certified teacher in (Douglas County School District) and simultaneously serve as a member of the board of trustees,” the motion states.
The argument adds that the other six members of the board will be subject to criminal penalties and loss of liability insurance coverage if Green is allowed to take the seat.
Green was elected to the board by a wide margin Nov. 7. Green has been a teacher at Douglas high for 23 years. In December 1998, he was a candidate for appointment and the board at that time told him it may be illegal for him to be both a teacher and a member of the board that employs him.
“(It will) set a precedent thereby allowing or encouraging other employees of school districts throughout Nevada, including employees who direct collective bargain over salary and compensation issues to simultaneously serve as board members,” the motion reads.
A motion asking for a temporary restraining order was also filed that would keep Green from taking the seat while the case is in court.
The motion cites the Nevada Revised Statues, the Commission on Ethics and the Local Government Purchasing Act as reasons that Green cannot legally take the seat.
The district has hired Reno lawyer Bob Cox, who has experience in similar cases. Cox is on retainer with the district to handle special personnel issues.
Cox handled cases for school districts in Lincoln and Nye counties in which teachers sought school board seats four or five years ago. Cox said the teacher in Nye County was convicted of a crime after the election and withdrew his fight to take his seat.
The teacher in Lincoln County, Cox said, withdrew before he was elected.
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