MCSD board to consider independent counsel amid Myers controversy

In addition to voting on the proposed fiscal year 2018 budget, the Muscogee County School Board also is scheduled to discuss this evening “hiring independent counsel for potential accreditation matters related to board conduct.”

Emails exchanged among board members over the weekend indicate this issue is connected to the actions of District 8 representative Frank Myers, the nine-member board’s most outspoken critic of Superintendent David Lewis’ administration and the board’s establishment.

The board’s called meeting is scheduled to start today at 5:30 p.m. in the Muscogee County Public Education Center, 2960 Macon Road.

Thursday, the same day the board had its annual training about proper conduct for a governing body, board attorney Greg Ellington of the law firm Hall Booth Smith PC forwarded to board members an email from Myers to the attorneys for Montravious Thomas and his mother, who in March filed a $25 million lawsuit against the Muscogee County School District and other defendants.

The lawsuit alleges contracted behavioral specialist Bryant Mosley body-slammed Montravious, then 13, “no less than” five times while trying to discipline him Sept. 12 in the Edgewood Student Services Center. The lawsuit also alleges the injuries Montravious suffered during the confrontation resulted in his right leg being amputated below the knee Oct. 18.

In his email to Montravious’ attorneys, Renee Tucker and Forrest Johnson of the law firm Forrest B. Johnson & Associates, Myers wrote, “I have what I believe is very relevant information regarding that case. I believe the evidence I possess would be very important to the goal of seeing that justice is served upon everyone involved in this matter.”

Myers asked Montravious’ attorneys to “put me under subpoena and take my deposition regarding these issues in the very near future.”

Myers added, “I am also authorized to share with you that John Thomas would not object to being placed under subpoena for the same purpose.”

Thomas is the board’s District 2 representative. Thomas confirmed to the Ledger-Enquirer that Myers “had my permission to say that.”

Phil Hartley, with the law firm Harben, Hartley & Hawkins LLP of Gainesville, Ga., is serving as co-counsel for MCSD in this case. Ellington wrote in his email to the board that he and Hartley “will take appropriate steps to preserve privileged information concerning the Thomas matter, as that privilege belongs to the Board and District as a whole and cannot be waived by any individual board member.

“It is for the Board to consider what, if any, additional action to take in response to Mr. Myers’ conduct.”

The additional agenda item seems to be at least part of the board’s response.

Friday afternoon, board chairwoman Pat Hugley Green of District 1 emailed the board notice of the additional agenda item and linked the matter to “ensuring that MCSD remains accredited when Advance Ed visits in October 2017.”

Myers responded Sunday afternoon in an email to board members, reminding Green that he already had informed her that he wouldn’t be able to attend the called meeting.

“Please reschedule this agenda item,” Myers wrote.

Green replied Sunday night in another email to board members.

“The urgency is that the national standards and process of reviewing schools for accreditation is very real,” Green wrote. “The MCSD Advance Ed review is early October 2017 and it is our obligation as the governing body that we ensure our students graduate from an accredited school system. What is keenly important is that the diplomas our students earn and the careers our employees work and retire are from an accredited school system.”

Green then suggested Myers could participate in the called meeting via phone, as other board members have done.

The Ledger-Enquirer didn’t reach Myers for comment, but he answered Green’s invitation in an email Sunday night:

“With respect to your kind offer to ‘allow’ me to participate in tomorrow's meeting, I had already considered phoning in, but my travel arrangements will not allow me do so.

“Something as important as the hiring of an independent counsel, especially given the cryptic purpose given for this alleged need, merits the attention of the full board and not some short notice so this can be rushed through the process.

“Again, I ask you to delay the matter of whether or not to hire an independent counsel for the stated purpose of assisting with accreditation.”

This story was originally published June 26, 2017 at 2:00 PM with the headline "MCSD board to consider independent counsel amid Myers controversy."