Controversy has erupted within a West Valley school district as a board member takes legal action against her own colleagues. The dispute revolves around allegations of misconduct and the subsequent censure of the board member, igniting a debate over the legal boundaries of school board authority.
An investigation conducted by attorney James Ledbetter concluded that Kellie Zimmerman, a member of the Liberty Elementary School Board, “seriously humiliates” district staff during meetings and has breached board protocols. Despite these findings, accusations of workplace harassment or racial motivation were not supported by the inquiry.
In response, the board decided in July to publicly release the report, limit Zimmerman’s communication with staff to the board president, and mandate sensitivity training. A formal apology was also issued by the board, with Zimmerman being asked to follow suit.
Zimmerman has denied the accusations, stating the investigation lacks concrete examples of her alleged misconduct. She defended her actions by saying, “I believe that I am acting in my duly elected role as a board member of asking important questions of the district to ensure that I am representing my constituents and ensuring that taxpayer money is spent responsibly and with the student’s best interests in mind.”
The Legal Challenge
Zimmerman has filed a lawsuit in Maricopa County Superior Court, asserting that the board overstepped its legal authority by investigating and censuring her without state law backing. Her attorney, Daniel Arellano, argues that “there’s cases about this that say school boards explicitly do not have the power to investigate their colleagues on the board. They don’t have the power to censor their colleagues on the board.”
The lawsuit contends that the board’s actions infringed on Zimmerman’s constitutional rights, including free speech, and has hindered her capacity to serve effectively. Zimmerman is seeking a court order to lift the restrictions imposed on her and to recognize that the board has exceeded its jurisdiction.
The lawsuit names the Liberty Elementary School District and all four of Zimmerman’s board colleagues. Board member Sarah Schmidt refrained from commenting due to the ongoing litigation, while others did not respond to inquiries.
Unanswered Questions
The origins of the investigation remain uncertain, as there was no board vote to employ Ledbetter. Zimmerman’s lawsuit suggests that the Arizona School Risk Retention Trust, an insurer for public schools, initiated the hiring of the attorney. However, Arellano pointed out uncertainties around who defined the scope and direction of the investigation.
Historically, it is not unprecedented for the trust to act independently on behalf of school districts. Back in 2019, the trust covered legal expenses for a Scottsdale Unified School Board member without prior board approval.
Requests for comments from the trust regarding its standard practices in such cases went unanswered.
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