REMOVAL OF BOARD MEMBERS (Process)The purpose of this page is to outline the process to remove school board members. While Advocate FHSD has not committed to this effort, we intend to educate the community on the process, gauge interest in the action and, evaluate the legal feasibility of taking this action for the Forest Hills School District (FHSD) Board of Education.
First, board members are not legally able to be recalled in Ohio. Ohio law supports the removal of board members only, if they have committed illegal acts, or, have committed malfeasance, misfeasance or non-feasance. In common language, if they've failed to do the job in measurable, provable ways or have in some way mis-managed taxpayer funds. Then, a large number of 'wet' signatures are required; 15% of the total voters in our district that voted in the last gubernatorial election (~7,000 signatures required). Third, a judge on the Hamilton Court of Common pleas must approve the removal. Why might the community consider this? In less than a year of serving on the board, four of the FHSD board members have engaged in acts that may support this claim to consider their fitness for the elected position they hold:
This is a very tough process, and, this situation is in part due to the engagement in our community. A decline in school engagement, awareness of the issues and participation in elections by our voting residents all enabled these candidates to win seats on our board, and put them in a position to do irreversable damage to our students and our community. Action is of course appropriate, and change primarily will result from the continued efforts of an engaged community. Through emails, calls, meetings, and statements at board meetings we may convince the board to act rationally and in the best interests of the students and our community. If not, legal action may be required and necessary. The preferred approach to change is to take action at the polls, to vote them out, and elect a board that puts students first, considers the entire community's voices to execute the oath they took to serve all, not only the 18% that voted for Hausfeld, Bibb & Jonas for example. To drive initiatives that support the work of this organization to ensure our community is educated on the issues facing our schools and facts about the board's actions, support Advocate FHSD here. HOW THE REMOVAL PROCESS WORKSOhio law does not support an election to recall board of education members, nor does it give the school board the power to remove misbehaving board members. The only way to vote a school board member out of office in Ohio is to wait for the end of their term and defeat their re-election bid. There is no such thing as a "referendum" vote for school board members. Ohio Revised Code 3.07-3.10 does, however, grant the ability for a judge to remove a board member due to the misconduct. Unlike other types of litigation, ALL evidence of misconduct must be obtained before a complaint is filed. There is no discovery process permitted after the process has begun. Here is the outline of the removal process:
Step 1Draft Complaint
An attorney must be paid an upfront retainer and must draft a formal complaint that includes a detailed list of misconduct while in office. This formal complaint will form the basis of the petition for Step 2. You can help with our initiatives by making a donation to the Advocate FHSD PAC. Step 2Step 3Litigation After signatures are collected, the complaint will go before an impartial judge in the Hamilton County Court of Common Pleas. Evidence will then be presented by our attorney, with the court deciding if Bob Bibb, Sara Jonas and Linda Hausfeld will be removed from office. NEWS COVERAGEIf you are just hearing about this for the first time, check out just some of the news coverage of Forest Hills School District. FHSD has been covered locally and nationally.
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FREQUENTLY ASKED QUESTIONSTHERE ARE NO SIGNING EVENTS. When will the petition become available?
A petition will exist once step 1 is completed and and an official complaint is drafted. Unlike other types of litigation, there is no discovery process after the commencement of step 1. So even before a petition can circulate, we must have enough evidence to make sure time and resources are used effectively. As of right now, we are only outlining the process.
CAN I SIGN THE COMPLAINT/PETITION ONLINE?
No. All signatures must be "wet."
This is not just an online complaint or petition expressing our displeasure with these three board members. It is a formal legal complaint that will be filed with the Hamilton County Court of Common Pleas and thus needs actual "wet" signatures. WHAT IS THE DEADLINE FOR COLLECTING SIGNATURES?
There is no specific deadline, but we would like to collect them as soon as we can.
HOW MANY SIGNATURES DO YOU NEED TO COLLECT?
This number is based on the amount of voters in the last gubernatorial race. After the next Governor is elected, this number will change.
WHO CAN SIGN?
Registered Forest Hills School District Voters.
You need to be registered to vote at an address in FHSD. Make sure you have not been purged from the voter roll by checking your registration status at the Board of Elections. What is the purpose of this removal page?
This removal page exists for a few reasons. The first reason is that it outlines the lengthy and expensive process for removal of board members. Second, we want the community to keep an eye out for potential wrongdoing that could lead to the removal of board members. Last, we want the board to know that we are aware of the process and that the community is watching. Hopefully, this will prevent them from committing a removable offense. Because this is an emergency only option to protect students and the district.
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