Schools

School Board Member Ordered to Court

A Superior Court judge summoned Bartow's Post 5 representative Anna Sullivan to a civil hearing set for June 13 following a lawsuit filed by the Bartow County Tea Party and Paul Nally.

A member has been ordered to appear in court to answer allegations she's unlawfully and unconstitutionally serving as the District 5 representative.

Following the and the school system's proposal to property taxes, individuals and on the validity of the board's February of Anna Sullivan to fill the unexpired term of Larry Parker, who to head up Bartow's new .

As a result, elections officials called a to fill Parker's unexpired term; Sullivan and Greg Bowen have to seek the District 5 seat in both the special election and Republican primary, both set for July 31.

Find out what's happening in Cartersvillewith free, real-time updates from Patch.

But Sullivan continues to serve as a member of the school board, despite calls for her resignation or removal, including a urging the board to . 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.

Find out what's happening in Cartersvillewith free, real-time updates from Patch.

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."

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;Β 
  • 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, reported.

Don’t miss any of the local news you care about. Subscribe to Cartersville Patch's newsletter, like us on Facebook and follow us on Twitter.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here

More from Cartersville