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GOP county attorney appoints Liberty Elementary district’s legal counsel

Revokes the district's consent to appoint legal counsel ahead of superintendent interviews

Posted 5/9/23

Maricopa County Attorney Rachel Mitchell appointed Liberty Elementary School District’s legal counsel Friday amid concerns over transparency in hiring a new district superintendent.

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Legal

GOP county attorney appoints Liberty Elementary district’s legal counsel

Revokes the district's consent to appoint legal counsel ahead of superintendent interviews

Posted

Maricopa County Attorney Rachel Mitchell appointed Liberty Elementary School District’s legal counsel Friday amid concerns over transparency in hiring a new district superintendent.

Previously, the district voted to secure and pay for legal counsel based on staff recommendations and interviews. However, at the 1:30 p.m. board meeting Friday, the governing board was informed of Mitchell’s decision.

“As of late last night, I received documentation from the Maricopa County attorney's office,” said Michael Todd, president of the Liberty School District board. “Ultimately, the county attorney has stepped in and appointed Mr. Clyde Dangerfield as our lawyer under her statutory authority, so we can move forward with (the motion) to approve Mr. Dangerfield however, the county attorney has taken jurisdiction and has done that for us.”

According to state law, the governing board “may employ an attorney to represent the district if the county attorney consents.”

“She is no longer consenting of that,” Todd said. “As it was explained to me.”

Dangerfield, the education attorney retained by Mitchell to provide legal counsel to the board, said this was standard practice in the past.

“The county attorney's office used to always represent school districts,” he said. “I was the assistant superintendent for Gilbert schools for 21 years. I used to call Dean Walcott for advice at the county attorney's office. Dean was assigned to that, but it just was too much and there was too much work for the county. So they have basically consented to school districts  hiring their own legal counsel.”

Board member Mark Aguire questioned formally approving the move since the county mandated it.

“Mr. Dangerfield, if this is a mandate by the county attorney,   we don't have the authority to approve you because the county attorney is mandating your services to Liberty Elementary School District,” he said.

Todd explained it’s similar to approved legal policy changes, more or less a formality. The motion passed 4-1, with Aguire being the lone dissenting vote.

Following the vote,  the board moved forward with a motion to discuss legal advice with the attorney regarding the interim superintendent and superintendent search process via a private executive session. 

The motion passed with Aguire dissenting again, citing transparency in the interview process. Todd said safeguarding the candidates is more of a requirement. 

“I'm all for transparency,” he said. “However, we have a legal advice from multiple lawyers who are involved in this process that this is an (executive) session. And the only way it can be opened up is if that employee requests it. We will make notice to them and they'll have that opportunity. But most of them are also competing for other jobs, or maybe happy in their current job, which puts that all in jeopardy. So that's why this original round has to be as an [executive session] and required by law per our legal counsel.”

Following the executive session, the board decided  superintendent interviews would take place May 9 and 10 via private executive sessions.

The impromptu session sparked concern from stakeholders Monday in a follow-up governing board session.

"Please note that it's quite a convenient time to hold a public meeting when most district parents and more than 90% of staff were unable to attend,” said Vicki Johnson a teacher in the LESD. “The county attorney assigned counsel rather than the district choosing the counsel and for the county attorney to step in. It just makes one wonder. What are you hiding? Why are you so unwilling to be transparent? This leads one to wonder if you are truly acting in the best interest of our students or as someone else behind the curtain pulling your strings.”

Speaker Susan Cheatham said the board was fighting against an aggressive liberal agenda championed by transgender board member Paul Bixler.

"I have news for you, Mr. Bixler, it's not all about you," she said, misgendering Bixler. "We are fighting a messed up transgender agenda to destroy the children that Mr. Bixler is helping to promote. With all the hormone blockers and with all the surgeries going on. It's going to stop a generation because they can't have children and here's the deal. The church has been silent for way too long. And that's why I'm here. Mr. Bixler goes to church on Sundays. And I will say this, how can you go to church and worship a God that you think made a mistake by making you a male?"

Michael McDaniel can be reached at mmcdaniel@iniusa.org. We’d like to invite our readers to submit their civil comments, pro or con, on this issue. Email AZOpinions@iniusa.org.