Taylor v. Oyster River 2012 Court Papers

Court papers for David K. Taylor v. Oyster River Cooperative School Board, docket number 219-2012-CV-000001.

This lawsuit alleging violations of the New Hampshire Right-to-Know law and ORCSD policies against the Oyster River School Board covers roughly the time from October 2011 through December 2011 during which time the Board searched for a new permanent superintendent. The violations include a secret ballot, communications outside a meeting, and improperly posted "special workshop" meetings. This lawsuit was initiated by a petition on January 3, 2012. At the same time, an ex parte motion for temporary injunction was filed, but that was denied on technical grounds though the judge ruled that the lawsuit was likely to prevail.

The hearing on the merits was on February 2, 2012. The closing arguments at trial (audio) by the Board's lawyer shows the skepticism of the judge. The final order was rendered on February 2, 2012. The judge ruled that the Board indeed violated both the RTK law with a secret ballot and communications outside a meeting and ORCSD policies with improperly posted meetings. The judge enjoined the Board, meaning that future RTK violations can result in contempt of court risking personal fines or jail time. The judge did not invalidate any decisions made at the meetings and left the superintendent search process valid.

  1. January 3, 2012 Petition

    1. Cover Letter
    2. Petition

  2. January 3, 2012 Ex Parte Motion for Temporary Injunction

    1. Cover Letter
    2. Ex Parte Motion for Temporary Injunction

  3. January 3, 2012 Objection to Ex Parte Motion for Temporary Injunction

  4. January 12, 2012 Notice of Hearing

  5. January 12, 2012 Memorandum on Address Change

  6. January 12, 2012 Order on Motion for Temporary Injunction

    1. Notice of Decision
    2. Order on Motion for Temporary Injunction

  7. January 18, 2012 Notice of Hearing

  8. January 23, 2012 Interrogatories

  9. January 25, 2012 Motion for Two Hour Hearing

  10. January 30, 2012 Motion Requesting Expedited Order

  11. January 31, 2012 Interrogatories Answers

    1. Interrogatories Answers
    2. Exhibit 1: December 13, 2011 Selection of Community Representatives to Superintendent Screening Committee to the Board from Superintendent Levesque, and related documents
    3. Exhibit 2: December 19, 2011 Ballots cast for community members of screening committee
    4. Exhibit 3: Emails related to screening committee selection
    5. Exhibit 4: January 2012 Documents of posting times

  12. February 1, 2012 Request for Findings of Fact and Rulings of Law

  13. February 1, 2012 Plaintiff's Pretrial Memorandum

  14. February 2, 2012 Defendant's Trial Memorandum

  15. February 2, 2012 Trial Exhibits

    1. Exhibit List
    2. Exhibit 1: November 18, 2009 ORCSD Board Policy BB - Legal Status
    3. Exhibit 2: May 5, 1999 ORCSD Board Policy BBAA - Individual Members
    4. Exhibit 3: October 17, 2007 ORCSD Board Policy BE - School Board Meetings
    5. Exhibit 4: October 17, 2007 ORCSD Board Policy BEDG - Board Meeting Minutes
    6. Exhibit 5: February 8, 2011 ORCSD Special Deliberative Session I Minutes
    7. Exhibit 6: October 13, 2011 Notice of School Board Workshop Special Meeting
    8. Exhibit 7: October 13, 2011 Superintendent Search Worksession Special Meeting Agenda
    9. Exhibit 8: October 13, 2011 Superintendent Search Board Workshop Minutes
    10. Exhibit 9: October 14, 2011 Oyster River Coop School District Supt Search Calendar
    11. Exhibit 10: October 25, 2011 Notice of School Board Special Workshop Meeting
    12. Exhibit 11: October 25, 2011 Superintendent Search Workshop Minutes
    13. Exhibit 12: November 14, 2011 Notice of School Board Special NESDEC Workshop
    14. Exhibit 13: November 14, 2011 Special NESDEC Superintendent Search Work Session Minutes
    15. Exhibit 14: November 30, 2011 Notice of School Board/Advisory Budget Committee Special Workshop Meeting
    16. Exhibit 15: November 30, 2011 Special Meeting Minutes
    17. Exhibit 16: December 5, 2011 Notice of School Board Special Workshop Meeting
    18. Exhibit 17: December 5, 2011 Special Meeting Agenda
    19. Exhibit 18: December 5, 2011 Revised Information for Board Packet - Excerpt of Deliberative Session I Minutes dated February 10, 2011
    20. Exhibit 19: December 5, 2011 Special Workshop Meeting - Superintendent Search Workshop with NESDEC Minutes
    21. Exhibit 20: December 13, 2011 Selection of Community Representatives to Superintendent Screening Committee to the Board from Superintendent Levesque, and related documents
    22. Exhibit 21: December 21, 2011 Notice of School Board Meeting
    23. Exhibit 22: December 21, 2011 Oyster River School Board Non-Public Meeting Minutes
    24. Exhibit 23:December 21, 2011 Oyster River School Board Public Meeting Minutes
    25. Exhibit 24: December 22, 2011 Re: Oyster River Cooperative School District - Right-to-Know Request to Taylor from Wendy L. DiFruscio
    26. Exhibit 25: December 28, 2011 9:25 a.m. electronic mail thread ending with electronic mail from Superintendent Leon Levesque to Taylor
    27. Exhibit 26: January 18, 2012 Re: Oyster River Cooperative School District - Right-to-Know Request to Taylor from Wendy L. DiFruscio

  16. February 2, 2012 Defendant's closing arguments at trial (audio)

  17. February 6, 2012 Answer

    1. Cover Letter
    2. Answer

  18. February 8, 2012 Objection to Motion Requesting Expedited Order

    1. Objection to Motion Requesting Expedited Order
    2. Exhibit 1: January 25, 2012 Email from Yusi Turell on "Re: Site visits?"
    3. Exhibit 2: January 26, 2012 Email from David K. Taylor on "RTK Agenda Notice?"
    4. Exhibit 3: January 26, 2012 Notice of School Board Special Meeting
    5. Exhibit 4: January 26, 2012 School Board Special Meeting Agenda
    6. Exhibit 5: January 26, 2012 Draft Nonpublic School Board Special Meeting Minutes

  19. February 10, 2012 Response to Objection to Motion Requesting Expedited Order

    1. Cover Letter
    2. Response to Objection to Motion Requesting Expedited Order
    3. Affidavit of Jocelyn O'Quinn
    4. Affidavit of Arthur Bettencourt
    5. Affidavit of Dennis Harrington

  20. February 14, 2012 Correction to Affidavit of Jocelyn O'Quinn

  21. February 23, 2012 Final Order

    1. February 23, 2012 Notice of Decision on Motion to Expedite

    2. February 23, 2012 Notice of Decision on Final Order

    3. February 23, 2012 Final Order