KENT- Challenges to Resolution 1669 of the Kent School Board were dismissed with prejudice by the King County Superior Court on October 2, 2024.
On February 28, 2024, the Kent School Board adopted Resolution 1669 creating a Labor Policy Committee of the Board due to the potential for conflicts of interest, unfair labor practices, and the disclosure of confidential information.
The Labor Policy Committee provided security and confidentiality for the District and all bargaining groups, since funding for negotiated contracts with all of the District’s ten labor groups comes from the same District budget. Any conflict of interest could have an impact on all other bargaining groups. With Resolution 1669 in place, this past spring, the District settled contracts with the Kent Education Association, as well as other unions through the collective bargaining process.
Soon after taking office in January 2024, Board Director Donald Cook was identified as having a potential conflict of interest due to his spouse’s role as both a teacher and an Executive Board Member with the Kent Education Association. After initial meetings regarding the potential conflict of interest, Director Cook disclosed on social media confidential District information regarding the proposed resolution. Director Cook was not included as a member of the Labor Policy Committee.
Director Cook and Ms. Greta Nelson filed separate lawsuits in March to challenge the Board's Resolution 1669. The two cases were later consolidated for hearing.
On May 31, 2024, the Plaintiffs filed a motion for a temporary restraining order to block the District from implementing the Resolution. On June 13, the District defeated this motion for a temporary restraining order. Plaintiffs next asked the assigned judge to enter a preliminary injunction. Again, the District prevailed. On July 1, the Superior Court denied Plaintiffs' request to put the Resolution on hold.
To bring an end to this lawsuit, on August 2, 2024, the District encouraged the two plaintiffs to dismiss/drop this case and in return the Superintendent and Board President would recommend the School Board immediately repeal Resolution 1669. They refused, even after Director Cook’s previous failed attempts to repeal Resolution 1669. This meant the District continued to incur legal fees for another two months.
Until August 12, over five months after the plaintiffs filed their intent to litigate, the District and its officials had not been served with the lawsuits, a step required to properly commence the litigation.
On Friday, September 6, 2024, the Court heard oral arguments from the plaintiffs and from the District. Plaintiff Nelson withdrew from the case. The Court offered the parties additional time to file further arguments. The parties also filed briefing on Director Cook’s motion asking the court to permit him to bring additional claims under the First Amendment.
After considering all of the parties’ argument and briefing, on October 2, 2024, King County Superior Court entered its orders: (1) denying the plaintiff’s motion to amend the case, and (2) dismissing the case with prejudice.
The Superior Court's orders agreed with the District that the plaintiffs had not properly commenced their appeal of the Resolution as required by law. The Court's order denying the motion to amend stated (in part):
“It is undisputed that Mr. Cook continues to be able to vote upon ratification of any collective bargaining agreement the District reaches with any of its unions. In addition, Mr. Cook retains the ability to address concerns and his opinions to fellow Board members and to members of the public regarding union matters or any other issue. Under the circumstances, passage of Resolution 1669 is not a sufficiently adverse action to implicate First Amendment concerns.”
At the October 9 Kent School District Board Meeting, the Board voted that Resolution 1669 would have no further force or effect.
The Kent School District Board looks forward to focusing without distraction on the core work of the District: Student Learning.