A Bartow County school board member has been ordered to appear in court to answer allegations she's unlawfully and unconstitutionally serving as the District 5 representative.
Following the latest round of budget cuts and the school system's proposal to increase property taxes, individuals and local political parties expressed concerns on the validity of the board's February appointment of Anna Sullivan to fill the unexpired term of Larry Parker, who resigned to head up Bartow's new academy.
As a result, elections officials called a July special election to fill Parker's unexpired term; Sullivan and Greg Bowen have qualified to seek the District 5 seat in both the special election and Republican primary, both set for July 31.
But Sullivan continues to serve as a member of the school board, despite calls for her resignation or removal, including a Bartow GOP resolution urging the board to abide by local legislation. Opponents argue it trumps state law, disallowing appointments and requiring special elections to fill vacancies.
Bartow Tea Party Director Gail Engelhardt and Rydal resident Paul Nally today filed suit against Sullivan, requesting a Superior Court judge intervene and determine whether she legally fills the seat.
In the lawsuit, which is attached as a .pdf, the plaintiffs request a writ "for the purpose of inquiring into the legal authority of Anna Sullivan to hold her office."
They say not only was Sullivan's appointment illegal, but also her acceptance of the position, amounting to "an unlawful deprivation and taking of the property interest of all the taxpayers in the county."
Superior Court Judge Carey Nelson ordered Sullivan to appear June 13 for a 9 a.m. civil hearing in answer to the suit, which also asks that:
- State law allowing board appointments be declared unconstitutional;
- Bartow school board policy "upon which Sullivan has relied" be declared unconstitutional;
- The court find the only lawful process to fill a board vacancy is a special election;
- The court issue its conclusions on the legality of Sullivan holding office;
- All monies paid to Sullivan be ordered returned; and
- Sullivan be disqualified as a District 5 candidate in the July 31 primary "for illegally holding said office."
School system attorney Boyd Pettit has maintained the board was within its right to appoint Sullivan, The Daily Tribune News reported.
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Liz
9:37 pm on Thursday, June 7, 2012
And just how much is this costing US?? Why does Bartow County have money to sink into lawsuits (Grizzle, now this) and dodgy deals (land purchased for Cass High) but can't afford to PAY teachers or expenses to expand the education of our youth?!?! Does anyone care about the students any more??
Paul Nally
1:29 am on Friday, June 8, 2012
Actually, Liz, it's costing taxpayers nothing, at least not yet, and it shouldn't. The Plaintiffs have footed their own expenses, and Anna should be footing the bill to defend herself. After all, this is a challenge to her, her decision making process, not the Board, and she doesn't need a lawyer at 5 to 25K a pop. All she has to do is show up, show the judge the law she believes supports her position, and the Plaintiffs do the same. Judge makes a decision, it's over. Of course, if the Board wants to interplead itself as a 3rd party, well, it certainly can try ... and pay out more big bucks for lawyers. But what would they gain that they won't gain by just sitting on the sidelines. This question can be judicially resolved without them. If Anna wins, she can be reimbursed her actual cost. Hum, wonder what they will do? BTW, does anyone notice that there's the Tea Party and a Conservative Democrat fighting this battle? Where is the Republican representation? They were invited to make this a bi-partisan effort to defend the Rule of Law. Maybe they just like to hear themselves talk? - Paul (the only people's judge east of the Pecos)
Gail Engelhardt
8:39 am on Friday, June 8, 2012
It isn't costing you or anyone else anything right now. The filing fee was paid out of our pockets not yours. We filed Pro se. If the Board of Education decides to pay Boyd Petit to defend Ms. Sullivan, she should be the one to pay for his services, since she is not a legal Board of Education Representative according to the Law. We did this for the children of Bartow. I suggest every concerned citizen and their children show up in Courtroom C on Wed. 6/13 to show how really concerned they are for the children of Bartow.
Katherine M
10:47 pm on Thursday, June 7, 2012
Give me a break!!! Judge Carey Nelson is Davis Nelson's cousin - do you really think this case will get a fair hearing. Carey Nelson should be disqualified from this issue!
Paul Nally
1:40 am on Friday, June 8, 2012
Well, Katherine, as I pointed out above, Dr. Nelson and the Board need not be a part of this unless they just want to throw away good taxpayer money. And it almost doesn't matter who the judge is because the Constitution is now drawn into the question. The worst idiot judge on the bench will be hard pressed to deceptively advocate this question. Hum, on second thought, we do have two of those, don't we? I don't think the Honorable Judge Nelson is one of those. - Paul (the only people's judge east of the Pecos)
j green
12:26 am on Friday, June 8, 2012
This is stupid!!! Seems to be some sort of set up. Why wasnt this addressed in Feb?
Paul Nally
1:43 am on Friday, June 8, 2012
Oh, yes, j green, it has been addressed since February, many time and many places, but this is the first time the citizens have used the power left them by their forefathers that doesn't include the 2nd Amendment. Let's see how it works. - Paul (the only people's judge east of the Pecos)
Katherine M
2:48 am on Friday, June 8, 2012
Paul, Carey Nelson will not want to embarrass cousin Davis Nelson by kicking Anna off the board. I hope you guys are prepared to appeal to a higher court.
Steve
10:24 am on Friday, June 8, 2012
Seems all you ever have to say is something negative about David Nelson. Sounds like a personal grudge.
Gail Engelhardt
7:46 am on Friday, June 8, 2012
Katherine: If you are so worried about what is going to happen and if Judge Nelson will let his relationship to Davis Nelson interfere with his judicial duty to rule on this case, then why doesn't everyone who cares so much about our children here in Bartow step up to the plate and get involved and demand that our Board of Education stop violating laws that have been passed and enacted since 2003 concerning how to fill vacancies on the Board. Talking is cheap, but action takes courage.
Larry
3:07 pm on Friday, June 8, 2012
Let's see - what's a nice way to say this? Oh yeah - "Grow the heck up"! Smoke and mirror politics at it's best. I don't know Ms. Sullivan, but I can't believe anyone would purposely get involved with something like this...There are bigger issues brewing, but let's bring up something to take the focus off of it. Anyone hear of the legislation passed this year and awaiting the people's vote to allow the state more control over local schools - the "charter school" amendment? And who knows what else the state has done that is just waiting to bite us...
Paul Nally
8:59 pm on Friday, June 8, 2012
Larry, I have a question. What are these “bigger things brewing”? What can be bigger than a citizen stealing (16-8-2) their neighbors’ right to vote, bigger than entire Grand Juries being intimidated into not investigating the evidence of organizes criminal activity in our local society, bigger than a citizen petitioning to be heard in his evidence of crime and being manhandled by armed goons, thrown into a holding cell, and then thrown out of a courthouse and threatened with arrest if he came back, and all of this on the orders of a Senior Judge and a Sheriff? What are these “bigger things” in our County? A good gardener knows that if there is a problem with the leaves and fruit of the tree of Liberty, he needs to look to the earth in which the roots are nourished. There are times when this tree must be nourished with the sacrifice of martyrs … and the blood of tyrants. But between this time and that, let us be diligent in our caretaker affairs that such a day might not come. Why would it be so hard to believe that one person might be tempted and beguiled? Have we not seen the citizens of entire nations led onto the path of perdition and destruction? Still, as I do not know everything, the question remains, what things are bigger? - Paul (the only people's judge east of the Pecos)
Sam
4:12 pm on Friday, June 8, 2012
I am not being sarcastic or devil advocates, I really want an explanation. How is this negatively affecting the children exactly?
Paul Nally
5:14 pm on Friday, June 8, 2012
Sam, you are not being sarcastic or a devil’s advocate. Yours is a legitimate question and deserves the best answer possible. If you mean is this litigation adversely affecting the children; no it is not. If you mean, Does Mrs. Sullivan’s holding a seat of “power” otherwise known as the seat of a “public servant” then the answer is Yes. That most definitely does have a potential adverse effect on all the children’s quality of education. The answer to this requires a bit more detailed explanation, so if you have about 20 minutes, call me at 770-386-1171 - Paul (the only people's judge east of the Pecos)
Gail Engelhardt
6:39 pm on Tuesday, June 12, 2012
Sam, it is helping the children because they will learn a little bit more about our Constitutional rights and theirs out of this, and we certainly hope that the Law prevails, and the wrongs are corrected. We tried the nice way in asking that the Board please adhere to the law, but that fell on deaf ears of the Board and of Ms. Sullivan. We tried several times. We are now letting the Court decide the outcome tomorrow morning 6/13 at 9am in Superior Courtroom C in Cartersville. Come on down and see justice at work.
Katherine M
5:22 pm on Friday, June 8, 2012
Sam, when adults - especially those elected to lead our school system, deliberately flaunt the law and do what they want, what message is that sending to our children? And Gail I am working on this issue - just having to do it quietly. My aunt works for the system and I can't afford to put her job in jeopardy.
Ronny Smith
8:36 am on Saturday, June 9, 2012
Paul, first, you admitted you dropped out of law school and are a self appointed judge, so how about dropping the false title of judge from your posts. Second, this case is about Ms. Sullivan, not your wife. Please leave your wife's issues out of this.
Gail Engelhardt
8:27 am on Monday, June 11, 2012
Instead of being "Monday Morning Quarterbacks about this case because we want our local, State and Federal government to follow our Constitutions (State and Federal), you should stop and think what really is going on in our local Bartow Board of Education. Do you come to the meetings every month? Do you want the Board to continue to violate the rule of law, as well as have an illegal appointment sitting on the Board? Did you know, that it only takes 3 votes to have a Teacher fired by the Board, and they don't have to say why? It can be based just on their OPINION??? If so, then I fully understand why you don't speak up. However, as a citizen of Bartow County and as a Patriot and a taxpayer, I have a perfect right to question the legality of their actions. When you remain silent, you allow your government officials to rule you. Keep in mind they work for us, not the other way around.
CLUBFV
12:03 pm on Monday, June 11, 2012
When any citizen believes that their elected officials are not being honest, or being good stewards of public monies, they should feel an obligation to come forward and be heard. I thank those that do
Pete Masters
8:04 pm on Monday, June 11, 2012
Wow, Gail you are not a smart as you want people to think you are. Have you forgotten or do you even know that our great state of Georgia is a Right to Work State and that the individual really has no rights when it comes to being fired? Sure, there are steps and a process that should be followed but in the end, it is just a formality. An employee can be terminated for any reason or no reason at all. The only exception to this is if that employee has a valid contract of which each and every teacher in our school system holds. Unless there is a serious issue with that teacher, it is next to impossible to "fire" that teacher before the term of their contract is fulfilled. If said teacher is not tenured then the contract does not have to be renewed (at the end of the original contracted date) and it is even harder to terminate a tenured teacher. Please, if you are going to make comments about labor laws at least research them before you spout off.
Gail Engelhardt
6:31 pm on Tuesday, June 12, 2012
Pete Masters, it amazes me that people are no misinformed about what takes place and what happens if a person is fired, demoted or what is decided. You cannot even in a Right to Work State arbitrarily fire someone without proof of cause. You can't say as an example, I don't like the way your part your hair and so you are fired. It just doesn't work that way. There has to be written or documented proof of a wrong doing. I work in the legal field, and I do know of what I am talking about even in Georgia.
Katherine M
8:21 pm on Monday, June 11, 2012
Pete, state law was changed several years ago so that any school system employee who takes a job in administration (principal, asst. principal, central office admin, etc.) can be demoted or terminated at will. They give up tenure.
Pete Masters
10:30 pm on Monday, June 11, 2012
Katherine, Gail was speaking specifically about a teacher, which is a contracted and protected employee which makes my comment fully valid. Typically, Administrators do not have contracts.
Momof4
8:52 am on Tuesday, June 12, 2012
My family is new to north GA, we have lived here for one year. I would love to point out that this is an extremely petty argument. My children attended a great school with outstanding teachers this year in Bartow County. Also, we met the sherriff at the end of the school year at the DARE program at the school and thought he came across as a caring and competent leader. To the people who are suing the board member for filling the seat and devoting her time to our children, all you are doing is scaring off would-be voters and potential home-buyers in this lovely community with your pettiness. Good job! America doesn't have enough bad things to change without picking on nonsense, right?
Gail Engelhardt
6:24 pm on Tuesday, June 12, 2012
To Momo14. I am delighted to hear that you love our community, schools and admire our Sheriff. I move here 7 years ago from another town in Atlanta and have lived here 26 years now. However, in my 26 years I have not experienced or witnessed a degree of total disregard for the Rule of Law as has been committed multiple times by this Board of Education.
Wake up. If we don't speak up when we see wrongs being committed, we are just as guilty as the perpetrators of those wrongs. It is our civic duty. Unfortunately, the problems we have in our Country now with our economy, loss of jobs and lack of respect for God and Country all start at the Local level and work their way up to the State and Federal. As a legal professional I am all about obeying the Law and not violating the trust of the people I serve on behalf of my employer who is a Georgia Attorney. If we don't change the bad things as you call them, they will be continued on and on and then you have anarchy.
String Bean
11:35 am on Tuesday, June 12, 2012
Momof4, so instead of criticizing the board members who deliberately violated the law by illegally appointing Anna Sullivan to the board, you blame the people who have spoken out about it. Wow, I'd hate to visit you house. I bet all your dust and dirt just gets swept under the rug.
Melissa H.
2:06 pm on Tuesday, June 12, 2012
I just have to point out that asking elected officials to follow the law is never, ever a petty argument.
When we allow people to violate the law just because they are such nice people, we are no longer the nation our Founders imagined.
Nice people and good teachers aside, we have to expect better out of our leaders. Momof4, because you are new here, you probably don't know about why the law was changed in the first place. The same thing happened back around 2001, in the same district, only then it was legal to appoint. The lady that was elected resigned after less than a year and the board appointed someone to finish the term. Though it was legal at the time, residents of that district were understandably upset that the board did not instead have a special election, so they felt disenfranchised for 3 1/2 years. There was such an outcry that the law was changed in 2003. In 2004, the board member from Post 3 resigned, and a special election was held to finish the last 2 years of the term. If functioned just the way it was supposed to function. I am sure everyone just forgot about the law change, but we must follow the law nonetheless.
While this may seem like a minor matter, no one benefits in the long run. Think of it this way: if your congressman had to resign, would you like it if Congress illegally just replaced your rep for you and then told you to let it go if you asked them to have an election instead?
Melissa H.
2:08 pm on Tuesday, June 12, 2012
I'd also like to add that it should not take a lawsuit to get the board to follow the law. This should have been fixed as soon as the board was made aware of it, either by the board rescinding the appointment or by the lady stepping aside until the special election. Our nation is in real trouble if a majority of people are willing to overlook obvious violations of the law by our elected officials just because things are going well and they are nice people.
Katherine M
8:23 pm on Tuesday, June 12, 2012
The people in Adairsville and Kingston need to remember this in July and not reelect Anna Sullivan. By refusing to step aside after being informed of her illegal appointment, she is now just as guilty as the board
Stephen Beck
9:59 pm on Tuesday, June 12, 2012
Katherine- I hope they all remember it as well. I hope they remember that a good person is being intimidated due to no fault of her own. Say what you will about the board or it's "representation"that interpreted this law, but to attack Ms. Sullivan is out of line in my opinion. Of course, I dont claim to be a judge and I dont understand the law. I do understand that the people of Adairsville and Kingston should have the right to select who is their board representitive and it would be a shame that a few in the county are hoping to have her removed from the ballot. Wonder why? Again, call the board out if you want, but the personal attack willl backfire. She's a good lady who genuinely cares about kids and the people in Adairsville know it!
Melissa H.
10:23 pm on Tuesday, June 12, 2012
To my knowledge, this wasn't meant to be a personal attack on the lady herself. The only reason she is named in the suit is because she is the appointed board member in the post in question. I believe it would have been the same no matter who was in the seat.
I am not part of this suit, but we have been trying to let people know about the law violation. I know for our part (Bartowpolitics.com) we have nothing against Ms. Sullivan personally and think she seems like a nice person. We have been trying to get the board to fix this mistake from March 26th. The board was informed of the problem on March 19th. If they had fixed this problem immediately, it is my belief that Ms. Sullivan would have qualified for the special election and the primary without opposition.
As far as Ms. Englehardt and Mr. Nally, I believe they are pursuing this option not to get Ms. Sullivan off of the ballot or to attack her personally, but to make sure our school board always follows the laws on the books and that the seat will be vacant (as legally required) until a special election is held.
You say you don't understand the law. You can read a synopsis of the laws in question here: http://www.bartowpolitics.com/school_board_information.html
It isn't really complicated. Local law requires a special election, not an appointment.