ALLENDALE, Mich. — Newly elected officials on the Allendale Public Schools Board selected a Lansing-based law firm to represent the district more than a month before they took office, according to text messages provided to FOX 17.
Last week, in a 4-3 vote, the school board switched its legal representation from Thrun Law Firm to Kallman Legal Group, a well-known conservative practice.
READ: More changes in Ottawa County after Allendale BOE takes over
The motion was introduced by Ottawa-Impact affiliated members.
At the time, opposing members accused those who voted “yes” of predetermining the outcome.
The text messages span from November 21 to January 8.
They were obtained in a Freedom of Information Act request filed by an Ottawa County resident, who then shared them with FOX 17.
All communication between board members and Ottawa Impact or Kallman Legal Group regarding the law firm and proposed change of legal counsel for Allendale Public Schools was requested.
The district’s superintendent also confirmed the authenticity of the documents to FOX 17.
In the messages, Board President Corey Mango, Vice President Liz Ramey, and member Anna Hendricks discussed seeking Kallman Legal Group's services for the school board.
Ottawa County Board Vice Chair Sylvia Rhodea, who co-founded Ottawa Impact, was part of the conversation too.
Kevin Holstege, who supported the switch to Kallman Legal Group, does not appear in the text messages.
Ramey sent a text on November 21 saying, “I have calls for legal counsel out to: Great Lakes Justice Center, Rachel Citak, and David Kallman. I’ll let you guys know if I find anything out. Thanks.”
Two days later, on November 23, she sent an update.
“Update: I talked to Dave Kallman,” wrote Ramey. “His firm is likely going to be taking on school boards to represent. He said he had been toying with the idea buy the more calls he gets demonstrating there’s a huge need, he’d like to step in and fill it. He will know next week.”
On December 8, Ramey texted, “Friends… Kallman is IN!!! We have a lawyer!!!!! Praise Jesus!”
Hendricks responded with a picture of what appears to be the motion to replace Thrun as well as talking points on why it needed to happen.
During the vote, members who voted in favor of the switch said the district would “be better served by an independent legal firm that can provide specific counsel”.
However in messages including in the FOIA, Mango wonders if Kallman Legal Group can handle the job.
In a text sent to Ramey, apparently sent the Friday before the vote, Mango wrote:
“Is this the best time to bring them on board and introduce them? I know you’ve done a lot of work and I believe that they are the right candidate but given the Ottawa county (sic) is also utilizing their time and resources and it feels like they’re not really ready. This might not be the right opportunity to introduce them. If we need them for any legal representation as a supplier or contractor, do they have the resources to support Allendale public schools at this time?”
Ramey responded, “I think it is because if we don’t, we have another entire year before we can. I think they’re [Kallman] doing all they can to have the resources and no doubt they’d be able to support us if we get in trouble. Even if they move slow in policy direction, that’s still much better than Thrun refusing to help us at all and actually advising against anything we want to do.”
Mango then agreed with Ramey, but added, “I just give pause because their resources are limited given the response to your requests. We may need representation right away also.”
The messages raise questions as to whether board members violated Michigan’s Open Meetings Act.
According to the state law, government officials of public bodies are required to conduct public meetings if the minimum number of voting members of the board is present, which would be four in the case of Allendale.
In addition, any decisions or discussions on matters that could pertain to a decision must also be conduced in a public meeting.
Gerald Fisher, a WMU Cooley Law School professor emeritus, who reviewed the FOIA provided to FOX 17, said he did not see the any legal issues.
He does not have any connections to Allendale Public Schools.
“Based upon the summary that I read and as supplemented by the good information that you provided to me, it does not sound to me as though we had a violation of the Open Meetings Act here,” said Fisher.
Fisher represented municipalities across Michigan for more than 30 years.
He noted it’s unclear if Holstege is included in the messages, and also pointed out that Ramey was a member-elect at the time of some of the messages, so she wasn’t subject to Open Meeting Act rules.
“Number one, it doesn't sound like we know for sure that there were four or more engaged in it, so that might suggest that it was not a violation of the Open Meetings Act,” said Fisher. “And number two, some of these people in any event have not been sworn in yet. If they're not sworn in, then they're really not public officials yet.”
Members of the board did not respond to FOX 17's request for a comment.
