At an October 21, 2022 conference before Kitsap County Superior Court Judge Tina Robinson, no date was set for a hearing on Director Daily's 1st appeal, which originated 14 months ago. Both parties will be permitted to submit additional evidence or "transcripts" followed by briefs, then a hearing will be scheduled. The administrative hearing will not be a "trial" with witnesses, but will be decided by the court based upon the record.
The 2-hour hearing on Director Daily's lawsuit originally scheduled for October 11, 2022 was stricken again and status conference was held October 21, 2022, where the parties and the Court discussed case scheduling and procedures. Click here for more details on the October 21, 2022 conference.
On October 31, 2022, Director Daily's attorney filed an amended notice of appeal and on November 15, 2022, the Board's attorney filed an amended transcript of documents. The next document to be filed will be a brief from Director Daily's attorney. As of April 15, 2023, no additional documents have been filed in the past five months.
On August 18, 2021 Director Daily initiated legal action in the Superior Court of Kitsap County for "appeal of the failure to act and decision of the school board."
Documents will be added below as they become publicly available.
Nothing had been filed with the Court by the Plaintiff from the original filing of August, 2021 until February 16, 2022. The case had been languishing in the system with no further action on the part of Director Daily for six months.
On February 16, 2022, attorneys for both sides filed an Agreed Joint Motion to "expeditiously assign a judge and schedule a status conference to address case scheduling and other immediate case-management issues in this matter". On April 12, 2022, a hearing was set for the matter on October 11, 2022. Briefs from both parties were to be submitted to the court prior to that October hearing, but the matter was stricken by the court on May 6, 2022.
Later, on August 22, 2022, the court ordered the case pre-assigned to the Honorable Tina Robinson. A two-hour hearing on the administrative law review was scheduled for 9:00 a.m. on October 11, 2022. Director Daily's Trial Brief was due September 27, with the Board's Trial Brief on October 4. These were the dates originally set on April 12, 2022.
On September 22, 2022, the October 11, 2022 hearing was stricken and the case continued to an October 21, 2022 status conference with the Court where the parties and the Court can discuss case scheduling and procedures for moving the matter forward.
The two primary objectives of the original action were to (1) Require the Board to address Director Daily's accusations against Directors Gattenby and Sebren and secondarily (2) to prevent the Board from pursuing steps to censure Director Daily. Since Directors Gattenby and Sebren are no longer on the Board and the Board voted to terminate the censure process on October 20, 2021, the suit may be deemed by the court to be moot (meaning no longer a significant issue). On the other hand, Director Daily may wish to pursue other nuances of the case, such as the force of Robert's Rules of Order Newly Revised at Board meetings, and the applicability of RCW 42.52, Ethics in Public Service, regarding school boards. After the original complaint, Director Daily has presented no motion to the court regarding the specific relief that he is seeking from the court.
Daily v SKSB (Summons & Complaint) August 18, 2021 (16 pages)
Board's Answer to Complaint September 22, 2021 (4 pages)
The following were filed by the Respondents (the Board with the exception of Director Daily) with the Court on October 4, 2021 and are now public information:
Summary Report on the Board's Investigation of Director Daily (8 pages)
Appendix A to Summary Report (189 pages, broken down into segments under 11.0 below)
Appendix B to Summary Report (Daily's response) (18 pages)
(This is broken down into separate segments below.)
On October 4, 2021, the Board submitted a 329-page list of exhibits titled "Certified Transcript" to the Court. For ease of reading and reference, it will be broken down and posted here in segments, as follows:
0.0 Cover and List of Exhibits (2 pages)
1.0 Minutes of Board April 21, 2021 (3 pages)
2.0 Board Referral Form April 21, 2021 (1 page)
3.0 Letter from Director Daily to Board President Gattenby (2 pages)
4.0 Minutes of Board May 5, 2021 (3 pages)
5.0 Letter from Director Daily regarding Director Sebren (4 pages)
6.0 Letter from Director Daily regarding Director Gattenby (2 pages)
7.0 Response from Director Berg to Letter from Director Daily (full 70 pages)
(broken into segments below)
7.01 John Berg's Response to Jeff Daily's Accusing John Berg of Violations (15 pages)
7.02 Exhibit A - Minutes of Board April 21, 2021 (3 pages, same as 1.0 above)
7.03 Exhibit B - Daily's Accusations against Director Berg ( 2 pages, same as 3.0 above)
7.04 Exhibit C - Kitsap Sun article of April 22, 2021 (3 pages)
7.05 Exhibit D - Kitsap Daily News article of April 22, 2022 (3 pages)
7.06 Exhibit E - Board Governance Policy GP-5 - President's Role (1 page)
__ 7.07 Exhibit F - Board Governance Policy GP-12 - Process for Addressing Director Violations
7.08 Exhibit G - Excerpts from Robert's Rules of Order Newly Revised (12th ed.) (1 page)
7.09 Exhibit H - Board Governance Policy GP-2-E5 - Meetings (9 pages)
7.10 Exhibit I - Board Referral Request Form (1 page, same as 2.0 above)
7.11 Exhibit J - Emails from Greg Wall (1 page)
7.12 Exhibit K - Transcript from Facilities Long Range Planning Advisory Committee March 21, 2021 (1 page)
7.13 Exhibit L - Communication from Director Daily to Peter Darragh April 4, 2021 (3 pages)
7.14 Exhibit M - Public Disclosure Commission letter of March 1, 2021 (2 pages)
7.15 Exhibit N- Communications between Director Berg and Larry Mann March 2021 (14 pages)
7.16 Exhibit O - OPMA Practice Tips from Municipal Research and Services Center (2 pages)
7.17 Exhibit P - Remarks of Director Berg on Censuring a School Board Director with resource material from Jurassic Parliament (7 pages)
7.18 Exhibit Q - Kitsap Sun Letter of March 8, 2021 (1 page)
8.0 Board Meeting Minutes of May 19, 2021 (6 pages)
9.0 Board Meeting Minutes of July 21, 2021 (3 pages)
10.0 Kris Cappel Summary Report of Investigation (same as Summary Report above)
11.0 Appendix A to Summary Report of Investigation (same Appendix B's 189 pages above, but broken down below into segments:
11.01 Board Resolution No. 1338 regarding February 2021 levy election (6 pages)
11.02 Email from Director Daily to Board January 11,2020 (5 pages)
11.03 Survey Results, Board Confidence - Thoughts, April 2021(103 pages)
11.04 Letter from Director Daily, April 13, 2020 (1 page)
11.05 Note from Director Daily to Director Gattenby, undated (1 page)
___ 11.06 Excerpt from Public Disclosure case regarding Citizens Supporting South Kitsap School District (2 pages) (See full PDC file here)
11.07 Emails regarding Director Daily's Public Disclosure Requests, April - May 2020 (3 pages)
11.08 Communication between Director Daily to Peter Darragh April 4, 2021 (8 pages)
11.09 Emails between Director Daily, Troy Grubb, & Board (5 pages)
11.10 Director Daily's email to Board February 17, 2020 (3 pages)
11.11 Email from Director Daily to Director Berg and the Board, October 28, 2020. (3 pages) (for context, see Fact Checking Director Daily).
11.12 Correspondence from Director Daily to D Braun, January 23, 2021 (3 pages)
11.13 Emails regarding pay raises, October 2020 (2 pages) (See 11.11 above)
11.14 Board meeting agenda and minutes of May 6, 2020 (13 pages)
11.15 Emails regarding May 5, 2020 meeting (3 pages)
11.16 Board presentation on Operational Expectation 15 from May 19, 2021 (13 pages)
11.17 Board meeting minutes from December 2, 2020 (4 pages)
11.18 Board meeting minutes of January 23, 2021 (1 page)
11.19 Board documents missing Director Daily's signature (9 pages
12.0 Appendix B to Summary Report of Investigation (same 18-page Appendix B above, but broken down below:)
12.01 General Response from Director Daily (9 pages)
12.02 Director Daily's Response to July 28, 2021 follow-up questions (8 pages)
13.0 Board Governance Policy GP-2-E5 - Meetings (9 pages) (same as 7.09 above)
14.0 Board Governance Policy GP-2 Governing Style (1 page)
15.0 Board Governance Policy GP-5 President's Role (1 page) (same as 7.06 above)
16.0 Board Governance Policy GP-12 Process for Addressing Director Violations (1 page) (same as 7.07 above)
Agreed Joint Motion February 16, 2022 to assign a judge and schedule a conference on the case.
Note for Status Hearing filed April 4, 2022 for hearing on April 8, 2022.
Order Setting Hearing Date, April 12, 2022. Hearing was scheduled for October 11, 2022 at 9:00 a.m.
Note for Motion Docket, April 27, 2022, from Daily's attorney.
The Matter is Stricken May 6, 2022. No motion was received from plaintiff (Daily) and the matter will need to be re-noted. The case appeared to be back on hold.
Stipulated Motion Requesting Judge Assignment, August 4, 2022 from attorneys of both sides requesting a hearing to assign a judge to the case.
Note for Motion Docket, August 4, 2022, setting a hearing date of August 19, 2022 to assign a judge to the case.
Order on August 22, 2022 to pre-assign the case to a specific judge for further handling. Original October 11, 2022 scheduled hearing is still on the calendar.
Notice of Withdrawal and Substitution of Council filed by the District August 29, 2022. This simply changes the attorney working for the District under Duncan F. Fobes of Patterson Buchanan Fobes & Leitch, Inc. P.S., to Donald F. Austin II.
September 22 Order to Continue for Status Conference on October 21.
October 6 Order to Continue for Status Conference on October 21 (duplicate order)
October 21 Status Conference with court and attorneys.
October 31, Amended Notice of Appeal is filed. Although filed October 31, 2022, the document is dated August 18, 2021, fourteen months earlier. It is nearly identical to the original, with the exception of the caption, the attorney's address, and Director Daily being referred to as Appellant rather than Plaintiff. The text of the document was not updated, and such statement as "To date, no copy of the report nor any notice of its completion has been provided to Appellant's counsel..." (p. 6, ll. 20-21) is obsolete since the document referenced was filed with the court on October 4, 2021, a year before the "amended" appeal. The appeal still attempts to have the court halt the investigation for censure that the Board itself halted on its own a year previously (October 20, 2021). The appeal still attempts to have the Court require the Board to investigate two Board members who have been off the board since the fall of 2021.
A change of address for the Daily's attorney was also filed.
November 15, The Board filed an Amended Transcript, with 364 pages of documents, most of which is a repetition of the previous filing of 329 pages of October 4, 2021. It is broken down here to reduce file sizes:
Some of these documents are on additional pages
This is the eight-page Summary Report.
Scroll down to subsequent items for the remainder of the report.
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