Ferndale School Board reaches settlement, case dismissed

FERNDALE, Wash. — A claim against the Ferndale School District and its school board in Whatcom County Superior Court alleging violations of the Open Public Meetings Act was dismissed on December 7, 2023, with prejudice following a settlement.

According to court documents, the District agreed to pay Arthur West, the plaintiff, $5,000 as “a full and final settlement.” In return, West would voluntarily dismiss his civil lawsuit.

West had said in his complaint filed in March of 2023, “the defendants knowingly violated the law by failing to provide proper notice of their special meetings of January 24 and February 21, 2023, by acting on matters in special meetings that were not properly noticed of posted, by deliberating in an unlawful closed “recess” meeting on January 24th, by conferring and conducting serial meetings outside the context of an open public meeting, and by serially deliberating and taking final action regarding the selection of a school board member outside of the context of a lawful public meeting.”

The settlement agreement names 4 of 5 board directors in office at the time: Dr Kevin Erickson, Melinda Cool, Steve Childs and Toni Jefferson. Director Peggy Uppiano declined to join the settlement according to District Executive Director of Communications Celina Rodriguez.

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Four of the five members of the school board (pre Nov. 2023 elections) have reached a settlement agreement with Arthur West, effectively resolving the legal matter alleging OPMA violation. This decision comes after careful consideration and is deemed the most fiscally responsible option, as continuing the legal process would incur higher attorney fees than the settlement. Ferndale School District (January 2, 2024)

Later in 2023, the Board undertook changes to their meeting policies and guidelines that are said to incorporate recommendations from the Washington State School Directors’ Association (WSSDA).

West told Whatcom News in a phone interview that he was happy that there had been a review of the board’s meeting guidelines and noted he did not find any “blatant conspiracy” had been undertaken during the meetings held while the board was attempting to appoint a replacement director to the board in early 2023.