In San Francisco, Virus is Contained but Schools Are Still Closed

[David Lockmiller]

The following is the end of the two-page letter sent by Attorney Paul Scott to opposing legal counsel:

After all that has transpired, the Board has thus still failed to take genuine responsibility for its own missteps, which is unbecoming of a governmental body, sets a bad example for our City’s schoolchildren, and is wasteful of taxpayer resources. Accordingly, our firm presents the Board with two alternatives:

Alternative one. The Board provides our office with the following:

1. A commitment on behalf of the Board by April 23, 2021 to adopt a third amended resolution that withdraws the last two whereas clauses in the second amended resolution (Resolution No. 214-6A1), which falsely allege that petitioners’ suit is frivolous. ([See below] Footnote 1.)

2. Checks in the amount of $1,000 made out to each of the nonprofit entities that acted as petitioners in this case. The five alumni associations all provide support and assistance to San Francisco school kids. The San Francisco Taxpayers Association is dedicated to protecting the interests of San Francisco Taxpayers. Each of these organizations has incurred time and inconvenience in having to participate in this case as petitioners.

If the Board accepts the foregoing offer, we can dismiss the case and will not seek any further amounts from the Board for our fees and costs incurred to date.

Alternative two. If the Board declines alternative one and fails to provide a credible reason why it is unable to accept as a matter of law, we will simply proceed in the normal course to collect our fees and costs as permitted by statute.

We are genuinely hopeful that the Board, with the aid of advice from counsel, will at last take full responsibility and elect the first alternative.

Sincerely,

Paul D. Scott

Footnote 1. The offending whereas clauses read as follows:

“WHEREAS: Petitioners’ lawsuit is nothing more than a transparent attempt to thwart a lawful and duly-noticed action with which it disagrees; and

WHEREAS: The Board is deeply grateful for the work of the Panel, but wishes to avoid the distraction and wasteful expenditure of public funds in frivolous litigation.”

San Francisco Board of Education Resolution No. 214-6A1