Kingfisher Public Schools has filed a petitition for writ of mandamus with the state Supreme Court seeking emergency relief from the Kingfisher County Excise Board’s decision to amend the district’s budget.

The excise board is named as the respondent in the petition, which was filed Thursday by Eric Janzen of Rosenstein, Fist & Ringold, the school district’s law firm, and seeks for the Supreme Court to assume original jurisdiction.

Janzen met with Kingfi sher Board of Education members in executive session last Monday, after which the board voted 4-1 to instruct Janzen to carry out items discussed during their meeting.

Brad Wittrock was the lone board member to vote against the measure.

A writ of mandamus is an order from a court to a lower court, official or entity ordering it to properly fulfill its official duties.

In this case, the district’s attorney said the excise board “exercised arbitrary, capricious and unlawful authority in striking and revising (Kingfisher Public School’s) Estimate of Needs for the 2024-25 school year.”

The school board submitted a $16.2 million estimate of needs, which was the maximum millage, to the excise board for approval.

The excise board eventually amended the estimate of needs to $14.2 million, which is the minimum millage (20.59) allowed by state law, in order to keep the district landowners from having to foot the bill for a portion of a civil lawsuit settlement agreed to by the school district.

The petition argues that the excise board’s “actions are in direct violation of its statutory authority. The only statutory authority that Respondent has that permits it to strike and disregard an item in Petitioner’s budget is if the item is ‘not authorized by law’ or ‘contrary to law, or in excess of needs.’” Janzen wrote the excise board “struck and disregarded” the school’s general fund budget “without finding that any item was contrary to the law or in excess of Respondent’s needs.”

The petition goes on to state the district could be severely negatively impacted if the excise board’s ruling is held up. It estimates the district could lose nearly $2 million in funding.

“Respondent acknowledges its 15.45 mills ($1,996,564) cut from Petitioner District’s 20242025 budget could result in the elimination of lawful educational programs and/or district-wide employment terminations of the District’s faculty and staff,” it was written in the petition, referring to a recording of the excise board meeting.

Janzen also wrote the excise board “acted outside the scope of its power” in revising the school’s budget.

It later states the move to cut the school’s budget “places the Kingfisher Public School’s Board of Education at risk of personal liability.”

Janzen also wrote school officials are concerned about education programs if the excise board vote is held up.

“The administrative officials of (Kingfisher Public Schools) are greatly uncertain of their ability to plan and carry out their respective curriculums and programs for their students where there is uncertainty regarding the wrongful withholding of funding” by the excise board, the petition states.

Janzen concluded “irreparable harm will result” to KPS if the writ of mandamus is not issued immediately.

“Petitioner will be unable to fund scholastic programs, payroll and necessary operating expenses,” it states.

The district is seeking emergency relief because the estimate of needs must be sent to the county assessor by Nov. 1.

Oral arguments are generally heard before the Supreme Court rules to intervene. A date for such arguments wasn’t set before press time.