(Context and purpose of this petition)
Public servants are used to the citizens submitting and complying to their authority, with citizens often unaware if the authority being presented is lawful or not. Citizens who are knowledgeable on their constitutional rights, the law and the US Codes, have the ability to remain free from unlawful actions from those representing authority. However, a smaller subset of citizens have the knowledge on how to use the law to hold public officials accountable.
Specific to the growing issues involving just one small school district, the School Board and their legal counsel have made a very bad, unlawful choice and a clear conflict of interest.
This Petition is going to be sent to appropriate Legal Complaint, review and sanctioning entities. This is one small step that benefits from others reviewing and affirming.
To whom it may concern:
Local school boards have qualified immunity protections when they are functioning in accordance with their duties along with honoring their oath. A primary resource to citizen elected board members to ensure they are in compliance with the law, the limits of their authority and honoring their oath, is the contracted School Solicitor.
The school solicitor will be the legal resource to ensure compliance with State Statutes, Federal Laws (IEDA, FERPA, COPPA, etc), and limited federal constitutional interpretation (they are not civil rights counsel).
Recently, the members of a local school board received service of a Letter of Intent to Sue, in accordance with Federal Judicial Procedure. The service was directly to the private individuals, in their private person capacity for their actions under the Color of Law, depriving citizens constitutional rights. This action was a result of their direct mockery and public rebuke having received a Color of Law Violation on 1/24/2022.
As this service was done to the board members in their private person capacity, engaging the services of the school solicitor for private legal counsel was a direct conflict of interest. The school solicitor, albeit responding in violation of legal ethics, provided direction to the school without reviewing the Letter of Intent to Sue as a private service and not a Qualified Immunity protected action.
The citizens of this community will demand that any compensation provided to the school solicitor, providing personal, private legal advice to private individuals on the board, be compensated by the private persons individually.
The citizens will also request that this practice, the solicitor, be investigated for ethical misconduct and direct the board immediately to seek their own private counsel.
We desire this action to move forward aggressively, for the school board, along with the solicitor are advancing in policy creation that is in direct violation of citizens constitutional rights. In addition, the school board is fabricating authority, enforcement and punishments where they do not have such authority.
We the Affirmed list of individuals attest to being a witness, a harmed party, or an interested citizen to aid in holding public officials accountable to honor their oath and obey the laws of the Commonwealth of Pennsylvania.