Judge William Moller ordered the Woodland Park School District Board of Education to pay Erin O’Connell $148,822 in attorney fees and court costs.  The ruling, issued Feb. 13, stems from O’Connell’s lawsuit against the board after a meeting in Jan. 2022.

The lawsuit charges the school board at that time with a violation of the Colorado Open Meetings Law when, under “Board Housekeeping,” the members intended to discuss a memorandum of understanding with the school district’s charter school, Merit Academy.

The open meetings law requires public bodies to post notice of meetings at least 24 hours ahead of time with specific agenda information where possible.

Moller’s ruling in Teller County District Court follows a reversal by the Colorado Supreme Court that previously allowed the board to cure the violation at a future meeting. In its recent ruling, the court acknowledged that the board had not cured the violation until after O’Connell filed the lawsuit.

Since O’Connell filed the suit, there have been several rulings. In April 2022, Teller County District Court Judge Scott Sells determined that the agenda item “was a conscious decision to hide a controversial issue,” according to court documents.

In an article written by Jeffrey Roberts, executive director of the Colorado Freedom of Information Coalition, published on its website Feb. 16, Moller states:

“Based on the ruling of the Colorado Supreme Court, government entities can be held  accountable for their actions by being forced to pay an opposing party’s fees and costs. Consequently, I find the results of the litigation far exceeded what defendants’ counsel argues because the litigation results have state-wide implications.”

Current board president Keegan Barkley told the Courier she was unable to comment.

O’Connell expressed relief over the ruling.

“I’m so relieved that the former board members and Brad Miller are finally being held somewhat accountable for violating the Open Meetings Law and for doubling down to drag out the process for four years,” she said.

Yet she has reservations.

“It is hard to consider this a personal win because of all the strife that it has caused,” she said. “I do believe it is an overall win for communities and individuals in Colorado, since the court upheld the right for citizens to hold small government bodies accountable for their actions.”

Bryce Carlson, attorney with Miller Farmer Carlson Law, represented the school board while Eric Maxfield represented O’Connell.