NEW CUMBERLAND, Pa. — When John Elliott stood up and said the actions of the West Shore School Board on April 11 violated Pennsylvania's Sunshine Act, Board President Heidi Thomas yelled "You are not recognized."
Elliott's name was front and center of a lawsuit served to the conservative majority of the board on Monday, which alleges the appointment of Kevin Hall as the district's solicitor was not in lien with that law.
"The Sunshine Act requires that all actions and deliberations of any state or local agency, including school boards have to take place at an open public meeting," Elliott said. "We believe all of their deliberations and decision-making took place in private prior to any public meeting, where this was discussed or voted on."
He is one of the nine plaintiffs listed in the complaint, who are residents of the district and whom he will represent in this case.
"Based on the comments the board members have made, and the email exchange, we got our understanding that there were no executive sessions," Elliot said. "There were no other public meetings announced where this was discussed."
The email exchange he is referencing is from April 5 before Kevin Hall was appointed.
According to the complaint, the plaintiffs allege Hall communicated to former solicitor Brooke Say that “a change to the solicitor had been made” and “there was no need for Attorney Say to attend the April 11, 2024 meeting."
The board voted five to four last month to appoint Hall. Each member listed in the complaint as defendants, Heidi Thomas, Kelly Brent, David Britton, Brenda Cox and Mandy Davis, all voted in favor.
"We've asked that the court render the action of the board on April 11 as void," Elliot said. "That's one of the remedies that's provided in the Sunshine Act."
If the court does void the actions, the board would have to meet the requirements of the Sunshine Act to formally make an appointment or change what they've done.
The lawsuit also seeks remedies in Sunshine Act training for the "Majority Members" as they are listed in the complaint and the payment of plaintiffs’ legal fees.
Elliot says the suit is meant to ensure the board's future actions stay in line with state law.
"Our fear is that this is going to continue to be the regular M.O. of the board, which is to conduct business in private," he said. "So one of the purposes is to shine a light on that process, try to stop that to make sure it doesn't happen again."
FOX43 reached out to all five members mentioned above for comment on this story and has done so on multiple occasions. They have either declined or not returned our request for comment.
FOX43 also sent emails to West Shore School District (WSSD) officials, Kevin Hall, and the law firm Tucker Arensberg for comment Wednesday, but did not hear back.
The next WSSD Board meeting is May 9 at 6:30 p.m. at the administration building in Fairview Township, York County.