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Board discusses civil suit at special meeting

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Board discusses civil suit at special meeting

By
Michael Swisher

Another school board meeting netted no obvious immediate movement regarding the civil lawsuit in which the district is involved.

Kingfisher’s board of education met for just over 90 minutes in executive session during a special meeting on Monday.

Afterward, they voted unanimously to approve “authorizing the district’s legal counsel to take such action(s) consistent with the discussions” in that executive session.

Taking part in the executive session were board members Charles Walker, Carly Franks, Terry Payne and Dana Golbek. They were joined by Superintendent David Glover as well as Eric Janzen, an attorney with Rosenstein, Fist & Ringold, the firm that represents the school district in the civil lawsuit that was filed in July 2021 by Mason Mecklenburg.

Board member Brad Wittrock was unable to attend the special meeting.

It was the second time the board had gathered in eight days. Members also met for their regular meeting on Nov. 6.

They spent almost three hours in executive session at that meeting. Janzen joined them via telephone for that conference.

Afterward, board members voted “to allow RFR to move forward” per Glover’s directive in regards to the case.

The special meeting was then called for last Friday.

Due to the discussions taking place in ex- ecutive session, Glover said he could not disclose what the directive for the district’s legal counsel would be.

Mecklenburg filed the lawsuit against the district, head football coach Jeff Myers, assistant coach Derek Patterson and former assistant coaches Micah Nall and Blake Eaton alleging a culture of bullying, hazing and abuse within the football program.

Board members voted unanimously in March 2022 to reject a $1.5 million settlement offer that also included the firing of Myers.

Subsequent settlement demands of $5 million and then $10 million with other conditions, which also included that Myers be fired, were not accepted by board members.

Myers is currently on administrative leave after he was charged in Kingfisher County District Court with a felony count of child neglect after an investigation by the Oklahoma State Bureau of Investigation.

Myers has pleaded not guilty and has his next court appearance on Jan. 2, 2024. Nall was charged with a felony count of child abuse and another of perjury and will also appear on Jan. 2.

The civil case is currently set to begin Dec. 5 in the United States District Court for the Western District of Oklahoma.

Nall last week filed a motion to stay the proceedings of the civil trial until the criminal charges were resolved.

“A stay is needed so that Nall is not forced in the untenable position of either giving up his Fifth Amendment right against self-incrimination by testifying in this case or exercising that right at the consequence of the jury drawing adverse inferences against him that will be extremely detrimental if not fatal to his defense,” the motion reads. Myers has not filed a similar motion as of press time, but Nall’s motion states “the other defendants in the case…do not oppose this motion.”

Judge Charles Goodwin has not ruled on the motion nor several others in the case, including motions for summary judgments that have been filed by the defendants.