Grand Rapids Board of Education admits to violation of Open Meetings Act
EAST LANSING, Mich., May 29, 2007 – The Grand Rapids Board of Education admitted through its Consent Agenda that it did indeed violate the Open Meetings Act in May of 2005 while it was in the process of privatizing transportation.
The violation dates back to a board meeting in May 2005, when the board went into executive session and then invited in representatives from Dean Transportation. Under the Open Meetings Act, public boards cannot invite representatives vying for contracts into a session closed to the public. Grand Rapids Educational Support Personnel Association (GRESPA), an affiliate of the Michigan Education Association (MEA), filed the complaint on behalf of the affected employees and the community.
In agreeing to the judgment for Kent County Circuit Court Case No. 06-03786-CZ, the board admitted that it broke the law. The board will pay a $1,000 fine and pay GRESPA’s attorney fees in the amount of $6,712.25. GRESPA President Steve Spica welcomed both the admission of guilt from the board and the reasonable penalties assessed, which GRESPA agreed to so that the district’s ability to provide services to students would not be affected.
“This is a good resolution because it doesn’t penalize the students,” Spica said. “GRESPA wanted the public to know that the board broke the law, and this admission by the district does just that.”
This is yet another legal victory by GRESPA related to the outsourcing of Grand Rapids Public Schools transportation jobs. In February, Dean Transportation agreed to a $600,000 settlement with the privatized employees for intentionally interfering in their contract with the school district.
Also, MEA filed charges with the National Labor Relations Board in October 2005, citing Dean Transportation’s failure to recognize the GRESPA. In September 2006, an administrative law judge ruled in favor of the transportation workers, deciding that Dean Transportation broke the law. That case is on appeal to the NLRB.
“GRESPA was right when we filed charges with the NLRB. GRESPA was right when we filed for contract interference, which Dean settled. Now, GRESPA was right when we said the board violated the Open Meetings Act,” Spica said. “And we continue to be right that privatizing our transportation workers is bad for GRPS students and the community.