AMERICUS — Three of the nine members of the Sumter County Board of Education have no idea who directed one of the Board’s attorneys to file a civil law suit in Fulton County Superior Court against the Georgia State Board of Education and Governor Nathan Deal.

The law suit was filed on Nov. 6 by E. Brian Watkins, an Atlanta attorney representing Sumter County Board of Education members Kelvin Pless, Michael Lewis, Willa Fitzpatrick, Alice Green, Carolyn Whitehead and the Board’s chair, Edith Green.

The law suit was filed a week before the Sumter BOE is required to attend another administrative hearing in Atlanta with the State Board of Education regarding whether the State Board should recommend to the Governor that he suspend members of the Sumter County Board of Education. That hearing is scheduled for Wednesday.

The hearing is based on the Sumter County School System being placed on accreditation probation. However, the State Board has entered into three previous consent orders with the Sumter Board. The first consent order dates back to a special called meeting in June. A second consent ordered followed in July and the hearing was scheduled to reconvene on Aug. 23, but a third consent order was agreed to.

The terms of the first consent order between the BOE and the State Board allowed for a continuance of the July 18 hearing for six weeks to allow both parties to come to a resolution, in which the Sumter Board would show progress toward meeting required actions.

The law suit says a jury trial has been requested. The plaintiffs allege that three members of the Sumter BOE (Michael Busman, Meda Krenson and Michael Mock) “have been unwilling to make a good-faith effort to rectify the issues raised in the SACS report that formed a basis for placing the Sumter County School District on accredited probation.”

In a Sumter BOE meeting Thursday, Board chair Edith Green moved to continue to pay Watkins his hourly amount to assist Board Attorney Maurice King. The motion  was seconded by Alice Green. Mock stated, “When Mr. Watkins was hired he was hired with a retainer of $5,000. He exceeded the $5,000 and we paid him the overdue amount, and there was never any discussion of retaining him on another retainer other than the hour, which does not mean he is still employed by the School System, in my opinion.”

Alice Green was said, “Madame Chair, my opinion is that when we paid the retainer fee that was to bring him aboard, and once you bring a lawyer aboard, that was for the state hearing and the state hearing is not over. That is for the duration of the state hearing and the last discussion was not whether he was working for us; the last discussion was ‘are we going to pay him another $5,000 or are we going to pay him by the hour?’”

After a discussion the Board then voted 6-2 to pay Watkins an hourly fee of $150. Edith Green, Alice Green, Whitehead, Pless, Fitzpatrick and Michael Lewis voted in favor of the motion. Mock and Krenson voted against the motion. Busman was not present at Thursday’s meeting.

Krenson made a motion that the Board hire an attorney to represent the three members that aren’t plaintiffs in the law suit seeking injunctive relief, which was seconded by Mock. The Board took a vote on the motion and voted 5-2-1 against the motion. Edith Green, Alice Green, Whitehead, Pless and Fitzpatrick voted against the motion; Mock and Krenson voted in favor of the motion, and Lewis abstained.

The law suit asks not only that the hearing be stopped because the plaintiffs will have no right to appeal an adverse administrative decision. It also seeks to have all or none of the Sumter BOE members removed from office, should the hearing not go in the plaintiffs’ favor. It also requires that the State Board of Education recommend suspension of members “without a finding of individual culpability.”

The law suit claims that the State School Board is in violation of state law in requiring that members of the local Board unanimously agree to a continuance.

A hearing on the motion for an injunction to stop the state meeting is scheduled for Tuesday before a judge in Fulton County, according to published reports.

On Friday, the Americus Times-Recorder sought to poll each Board member, asking each the same four questions: When was the decision reached regarding filing the law suit and where? Who hired the lawyer and what is his rate? Who will pay the legal fees? Have you prepared for the Nov. 14 hearing?

Meda Krenson said she has “no idea” when the decision to file the law suit was made. She said the Board voted 6-3 to hire Watkins back before the first administrative hearing, “to help Maurice” King. They voted to hire Watkins on a $5,000 retainer. “Then he wanted another $5,000 ... I raised the question, ‘why should we pay another retainer if we don’t know if we’re ever going to use him again? Why not an hourly rate? They agreed.” Krenson added that the Board voted for the hourly rate at Thursday’s meeting. She said the Sumter BOE will pay for the legal fees (with taxpayer money).

As for Wednesday’s hearing in Atlanta, Krenson said, “As a board, we never talk about what’s going to happen at these hearings. It’s still scheduled for Nov. 14.”

Carolyn Whitehead said she’s “not sure” when the decision was made to file the law suit.

“The attorneys are handling all aspects of the matter with SACS,” she said. “There are not individual discussions or decisions.”

She said the Board had voted at Thursday’s meeting to pay Watkins $150 per hour for services.

 Whitehead said the school system will pay the legal fees.

“This is not different than the amount we’ve generally paid in the past,” she said.

She said she has prepared for Wednesday’s hearing.

“Yes, the best I can,” she said.

Michael Mock said it is “unknown” when the decision to file the lawsuit was made.

“I am not familiar with any vote or discussion,” he said. “I’m familiar with Watkins talking about filing an injunction, but there was  never a vote by the Board to have him do that, not at any meeting I was at.”

He agreed that Watkins had been hired by a majority of the Board at the request of King, at a rate of $5,000 to assist King with the first hearing before the state boards.

Mock said the lawyer’s fees will be paid for by “the taxpayers through school board funds.”

He concluded he has prepared for the next hearing, “as best as I can prepare for it.”

Willa Fitzpatrick, when contacted by the Times-Recorder, said, “Our lawyer will be the best person to talk to about those issues.” She looked up the phone number for Board attorney Maurice King and gave it to the newspaper.

Alice Green also directed the newspaper to speak with the Board’s lawyer saying, “You need to talk to our lawyer about that,” and then hung up.

Dr. Michael Busman is unaware of when the decision to file a law suit was made.

“The Board never met about it so I don’t know when it was discussed,” he said.

When asked about Watkins and his fees, Busman said, “He was hired on July 16, two days before the first hearing for a $5,000 retainer, which he exceeded. The suit was filed on Tuesday and it appeared that he was not officially extended until Thursday to continue his services by the hour. From my understanding he is paid about $150 per hour.”

When asked who would pay these legal fees Busman said, “I don’t know the answer to that,  but I suspect the majority thinks the taxpayers will.”

Busman said of hearing preparations, “I don’t have anything to prepare for. I am just going to show up and answer questions.”

The newspaper left a message for Michael Lewis at his workplace but never heard from him. The newspaper was unable to contact Edith Green or Kelvin Pless.



Keven Gilbert contributed to this report.