Court says Heritage HOA can seek depositions from trustees, attorney over KISD split plan
Heritage homeowners scored a victory in their ongoing lawsuit against five Keller school trustees and an attorney representing them, and can move forward with depositions concerning the attempt to split the school district in half.
On Wednesday, a ruling allowed the Heritage Homeowners Association to move forward with “discovery,” which includes deposing board president Charles Randklev and Tim Davis, a Fort Worth attorney who represents the five school board members who sought to split the district at the Fort Worth Keller border.
On March 14, board President Charles Randklev announced that plans to split the district weren’t going forward over financial concerns.
A hearing is scheduled at 9 a.m. on May 7 in the 348th District Court in the Tom Vandergriff Civil Courts Building, 3rd Floor, 100 North Calhoun.
Board president Charles Randklev and attorney Tim Davis did not return messages Friday seeking comment.
“This decision marks a crucial step in the ongoing lawsuit,” the HOA stated in a press release. It said the five board members in favor of the split “attempted to halt this vital fact-finding process by filing a motion to stay and a plea to the jurisdiction, arguing for government immunity to prevent Randklev and Davis from being deposed.”
The court recognized that “credible allegations of violations of the Texas Open Meetings Act and underlying factual disputes warranted further investigation,” according to the news release.
The Heritage HOA can now gather essential facts and evidence involving discussions among trustees and expenditures relating to “detachment.”
The news release also stated that Tuesday’s Public Education Committee hearing over a bill that would make the process more difficult to split a school district reinforced the community’s concerns.
The bill would require that voters decide a school district split.
Trustees John Birt and Chris Coker told the Star-Telegram this week that the idea to split the district wasn’t driven by race or socioeconomic factors, but that a potential split was explored because of concerns over the financial stability of the Keller school district.
Notes from the hearing indicate that certain board members continue to defend their positions and are fighting to maintain the potential of a district split in the future, according to the news release.
The Heritage homeowners are still calling for the removal of the five board members who were in favor of the split, including Randklev, Coker, Birt and Heather Washington “for their misconduct and incompetence.” The fifth, Micah Young, is not seeking reelection.
