A court hearing on this case originally scheduled for October 11, 2022 has been stricken by the court as of May 6, 2022. The entire case appears to be back on hold.
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 here 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.
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 Board may request that the action be dismissed for being 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.
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 320-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.
Order Setting Hearing Date, April 12, 2022. Hearing set 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 hearing is scheduled. No motion was received from plaintiff (Daily) and the matter will need to be re-noted. The case appears to be basically back on hold.
Some of these documents are on additional pages
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