Lawyer bills Richland schools $30,000 for defending 3 board members from a recall
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Richland School Board Recall Effort
A high-profile group of voters filed to recall board members Semi Bird, Audra Byrd and Kari Williams after their controversial vote to make face masks optional.
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The Richland School District has rejected a $30,800 bill for the legal fees of three school board members fighting off a recall effort.
Records obtained through the state’s Public Records Act show defense attorney Jerry Moberg billed the district, saying it was an “appropriate time” for the district to cover his clients’ costs.
But school district officials told the Tri-City Herald this week they were surprised to receive the bill. And that they don’t plan on paying it.
The invoice stems from the costs to defend school board members Audra Byrd, Kari Williams and Semi Bird from an ongoing recall initiative.
However, in April the school board decided it only would cover the legal fees if “the judge determines there is insufficient grounds for recall.”
But that didn’t happen. The judge found sufficient reason for the recall process to continue.
Benton County Superior Court Judge Norma Rodriguez ruled in May that signature gathering could begin based on four of the charges. But the three board members quickly moved to appeal the decision to the Washington State Supreme Court, where the case still awaits review.
Recall efforts focus on a surprise, split vote taken by the board at a Feb. 15 public meeting to defy Washington’s indoor mask mandate and make mask wearing optional. The board rescinded the decision soon after because schools closed down for two days.
Mober, who is from Ephrata, told the Herald that he submitted the bill because they’re closing the first chapter of a two-chapter book: The litigation in Superior Court is finished and they’re moving on to the appellate stage.
“Professionally and ethically, I expect to represent my clients in every way necessary,” he told the Tri-City Herald. “I’m not the least bit concerned when or how I get paid. To me, that’s a secondary issue and it’s just not a matter that’s important to me. I’m not going to get distracted by an issue of payment — I’m going to concentrate on what I need to do for my clients.”
Moberg said school officials have not given him a response to the bill.
In the July 25 letter to the district, Moberg said the district has committed “under Washington law and the policies of the Richland School District” to cover the accrued expenses. He also says there was “no evidence” his clients were acting in bad faith when they voted to go against the state’s masking mandate.
“They all had good reasons to take the action they took,” Moberg wrote. “As board members, they were acting within their powers to consider and vote on the resolution. Therefore, regardless of the outcome of the recall election, the district is obligated to pay the board members fees and costs in this action.”
He cited Gov. Jay Inslee plan to end the mask mandate, state schools Superintendent Chris Reykdal’s call to end the mask mandate, and indications from the Benton-Franklin Health District that there were “no health risks related to ending the mandate” — this all despite the state still having in effect a COVID mask mandate when board members took the vote.
If the district objects to paying, he wrote he would “file an appropriate action” to collect the fees.
His firm is charging Richland School District about $27,700 for legal services and hours worked, and $3,000 for expenses accrued from filing fees, travel, printing costs, a court stenographer and client meal costs, among other things.
Most of the bill — about $25,800 — is billed for work in Williams’ case, though several large line items show her account includes work for all three board members. Moberg confirmed that, noting that’s just how they coded it.
About $18,500 includes work Moberg did for the case, at a rate of $275 an hour over 67.5 total hours.
Work by various paralegals, administrative assistants and legal assistants, at a minimum $85 per hour, amount to about $12,244.
Moberg also billed the district $69 to talk with a Tri-City Herald reporter about the case.
Receipts totaling $34 for lunch and coffee during the two half-days of hearings also were attached.
Charges OK’d by superior court
Here are the four charges of alleged misfeasances and malfeasances that the Benton Franklin Superior Court approved and which were appealed to the Washington Supreme Court:
- Violated the Open Public Meetings Act by voting at a special meeting taking final action on a matter, to wit: masking optional, that had not been included in the published public meeting agenda.
- Voted to make masks at school optional, in knowing violation of the law and in excess of the powers of a school board, even after warnings from the state and from legal counsel.
- Violated the district code of ethics by failing to: (1) uphold all laws, rules and regulations, and/or (2) use legal and ethical procedures; and/or (3) ensure schools are well run; and/or (4) consult those affected by changes in policy.
- Violated district policies and procedures by failing to assure compliance with law and policy.
This story was originally published September 22, 2022 at 5:50 AM.
