Possible Lawsuit Over Board Member Eligibility For Publicly Funded Catholic Charter School

There are concerns over a vote for the first ever publicly funded catholic charter school. Now the board who took the vote is preparing for legal action.

The virtual charter school board called a special meeting today to discuss hiring general counsel, in preparation for legal action over the approval of the catholic charter school.

Attorney General Drummond said that his office will take legal action if the school’s application moves forward.

“This one has such gravity from a statewide and national standpoint that I think it's made it complicated,” said Dr. Robert Franklin, the chairman of the board.

There was concern from the beginning over a board member appointed on June 2nd, which was just a few days before the vote occurred.

“It seemed rushed, it seemed inappropriate at this point so that's why I had asked Mr. Bobek abstained from the vote to just give clarity to the process,” said Dr. Franklin.

News 9 obtained a letter sent by the Attorney General’s office to the board’s executive director. The letter was sent on the same day as the last meeting, before the vote was taken. 

“It was a fair warning that we knew we were stepping into this,” said Dr. Franklin.

The letter says that “Appointments shall be made by and take effect on November 1st.”

It goes on to say that “Mr. Bobek’s appointment letter does not reference a vacancy.”

It explains that Bobek’s predecessor, Brian Beauchamp, requested to be reappointed and was only made aware of his replacement on the day that Bobek was appointed.

The letter states, “Mr. Beauchamp’s continued service demonstrates that there was not a vacancy to warrant the immediate placement of Mr. Bobek on the Board.”

Drummond’s office says Brian Bobek should not be eligible to be a board member until November 1st.

Bobek voted in favor of the school’s application, resulting in a 3-2 vote. If he had abstained from the vote as requested by the chair, the vote would have been 2-2 and would have been denied.

“As a chairman I wish I had the authority to simply say that should be vacated,” said Dr. Franklin.

While Dr. Franklin can’t take action, taxpayers or the Attorney General could contest the vote.

“They have a right to that appeal,” said Dr. Franklin.

With one lawsuit in the works from Americans United for Separation of Church and State, and rumors that more are coming, the board voted to find legal counsel to represent them.

“We will seek legal counsel that will be outside of the attorney general's office to represent the board in regard to all things St. Isidore,” said Dr. Franklin.

State statute requires them to choose from a list of people that have been approved by the Attorney General’s office.

“There are hundreds of names, hundreds and hundreds of names,” said Dr. Franklin.

Board members are hoping to have a few names to recommend by next Tuesday.