ORIGINAL COURT OF COMMON PLEAS HAMILTON COUNTY, OHIO 2 i 0 2 8 g 9 STATE OF OHIO ex rel, JOHN DOE % Curt C. Hartman The Law Firm of Curt C. Hartman 7394 Ridgepoint Drive, Suite 8 Cincinnati, OH 45230, Relator, ve BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT % Scot T. Prebles, Superintendent 7946 Beechmont Avenue Cincinnati, OH 45244, and FOREST HEIS 8006 Meadowereek Drive Cincinnati, OH 45244, and LESLIE RASMUSSEN 6066 Sebright Lane Cincinnati, OH 45230, and DEMETRIA CHOICE 2080 Bruns Lane Cincinnati, OH 45244, and JULIE BISSINGER 5770 Brookstone Drive Cincinnati, OH 45230, and ELIZABETH MAIER fka ELIZABETH BARBER 7250 Nottinghill Lane Cineinnati, OH 45211, Respondents. Case No. Judge VERIFIED COMPLAINT APPLICATION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY CTION INCLUDED asd BEcY By ONY 1200s Sy Ho Ty 1132720830 INI aIntroduction 1. In 2010, ina case styled Forest Hills Journal v, Forest Hills Local School District Board of Education, and assigned Case No, A-10-00123, Judge Steve Martin of the Hamilton County Common Pleas, Court issued a permanent injunction against the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DSITRICT and its members, including FOREST HEIS and JULIE BISSINGER, due to violations of the Open Meetings Act. 2. Then, in 2011, in a case styled Forest Hills Journal v. Forest Hills Local School District Board of Education, and assigned Case No. A-11-00190, Judge Dennis Helmick of the Hamilton County Common Pleas Court also issued another permanent injunction against the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DSITRICT and its members, including FOREST HEIS and JULIE BISSINGER, due to additional violations of the Open Meetings Act. 3. Now, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DSITRICT and its current five members have violated or threaten to violate the requirements of the Open Meetings Act such that it is incumbent upon the Hamilton County Common Pleas Court to once again issue injunctive relief pursuant to R.C, 121.22(1, as well as to invalidate the actions resulting from the current violations of the Open Meetings Act pursuant to R.C. 121.2208). 4. Notwithstanding the well-established requirements of the Open Meetings Act that “when a public body holds a special meeting, intending to discuss particular issues, the notice of [the] meeting must specifically state those issues” and that the public body may not “exceed{] the scope of the noticed purpose”, Keystone Comm. v. Switzerland of Ohio School Dist. Bd. of Ed., 2016-Ohio-4663 934-36 (7th Dist.), the members of the BOARD OF EDUCATION OF THEFOREST HILLS LOCAL SCHOOL DSITRICT proceeded to hold a special meeting on August 11, 2021, premised upon a notice that failed to identify the specific issue for the special meeting (even though the specific issue was known in advance of the special meeting), as well as exceeding the scope of the notice that was actually published. Parties BI Relator JOHN DOE is an individual residing in Hamilton County, Ohio, within the Forest Hills Local School District. 6. Relator JOHN DOE proceeds herein under a pseudonym in light of the experience of residents within the Forest Hills Local School District during the past year-and-a-half who have encountered retaliatory actions and retributive efforts as a result of simply exercising their constitutional and statutory rights to question and challenge the policies and actions of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, with some of the retaliatory actions and retributive efforts, based on information and belief, at least condoned if not orchestrated or ratified by at a member of the BOARD OF EDUCATION. Such retaliatory actions and retributive efforts include: a. Residents who simply sought public records to obtain more information concerning a consultant hired by the Forest Hills Local School District have had the specific and repugnant epithet leveled against them by LESLIE RASMUSSEN, # member of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, ‘that these residents, by simply exercising their legal right to obtain public records, were engaging or demonstrating “shades of racism”. And, then, in tum, DEMETRIA CHOICE, another member of the BOARD OF EDUCATION, ratified and echoed such repugnant epithet against these residentsb. Residents who have questionéd, challengéd, and objected to the perceived agenda of a particular member of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT have soon thereafter received in the mail letters containing “glitter bombs” wheréin an envélopé with no return address is received and, upon the opening of the envelope, a spring is triggered spraying exceeding small particles of glitter all over one’s furniture and or carpet. Based upon information and belief, the sending of such glitter bombs to political critics was taken with either the implicit or explicit encouragement of a member of the BOARD OF EDUCATION due to such residents exercising their constitutional and/or statutory rights. c. When one resident of the Forest Hills Local Schoo! District privately emailed LESLIE RASMUSSEN wherein he expressed his displeasure at her conduct during the course of a meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT (opining or characterizing her conduct as “borderline psychotic”), as well as challenging her clearly immutable position on a matter of public business, LESLIE RASMUSSEN in tum apprized another person, Jennifer Dice Kappel, of this email. In tum, the resident who initially criticized LESLIE RASMUSSEN receive messages from a Facebook account with the name of Jennifer Dice Kappel wherein Ms. Kappel posted a picture of a business and made the inquiry “Is this where you work?” and then threatened to dox this resident by declaring “I ‘wonder how well an email blast to everyone in your company showing you bullying and calling a female profession [LESLIE RASMUSSEN] psycho for a board decision over a high school mascot?”4. And yet another resident of the Forest Hills Local School District faced similar efforts or threats of being doxed for criticizing LESLIE RASMUSSEN. After this resident called out LESLIE RASMUSSEN’ hypocrisy on a matter of public business of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and her inartful communications skills (despite LESIE RASMUSSEN purporting to hold a doctorate degree in communications), LESLIE RASMUSSEN responded immediately with the faux claim of being a victim and then, once again, shared this information with Jennifer Dice Kappel. In tur, Jennifer Dice Kappel (acting under the name Jennifer Cappel) purported to send a communication to this resident’s employer claiming concern of the resident alleged “threatening” LESLIE RASMUSSEN and calling upon this employer to investigate, in addition to declaring that “Xavier PD and the Anderson Sheriff's office” had been contacted. e. Another resident of the Forest Hills Local School District who was attending and assisting in a private, invitation-only meeting of concemed citizens relating to the Forest Hills Local School District was physically struck by a motor vehicle operated by an interloper who is a co-worker of LESLIE RASMUSSEN at Xavier University and who, based upon information and belief, was present at the private, invitation-only meeting at the encouragement of LESLIE RASMUSSEN and/or Jennifer Dice Kappel. 7. Respondent BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT is, pursuant to Ohio Revised Code § 3313.17, a body politic and corporate. 8. Consistent with Ohio Revised Code § 3313.01, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT consists of five members and are selected by the qualified electors of the Forest Hills Local Schoo! District through an at-large election.9. Respondent FOREST HEIS is a resident of Hamilton County Ohio, and, at all relevant times, was one of the members of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT. 10. Respondent LESLIE RASMUSSEN is a resident of Hamilton County Ohio, and, at all relevant times, was one of the members of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT. 11. Respondent DEMETRIA CHOICE is a resident of Hamilton County Ohio, and, at all relevant times, was one of the members of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT. 12. Respondent JULIE BISSINGER is a resident of Hamilton County Ohio, and, at all relevant times, was one of the members of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT. 13. Respondent ELIZABETH MAIER, formerly known as ELIZAEBTH BARBER, is, a resident of Hamilton County Ohio, and, at all relevant times, a member of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT. 14, For those meetings of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT referenced herein, when Respondents FOREST HEIS, LESLIE RASMUSSEN, DEMETRIA CHOICE, JULIE BISSINGER and ELIZABETH MAIER were serving as members of the BOARD OF EDUCATION they are or may be referred herein collectively, as the case may be, as the “BOARD MEMBERS”,Special Meeting Notice Inadequate and Scope of Meeting Exceeded Notice 15. The BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and the BOARD MEMBERS are subject to, inter alia, the mandates of the Ohio Open Meetings Act, R.C. 121.22. 16. “(T]he Open Meetings Act distinguishes between ‘regular’ and ‘special’ meetings. Regular meetings are those which are held at prescheduled intervals... While the term ‘special meeting’ is not defined in R.C. 121.22, its use in context indicates that a reference to all meetings other than ‘regular’ meetings was intended.” Ohio Att'y Gen'l Opin. No. 1988-029. 17. Additionally, pursuant to R.C. 3313.15, during its annual organizational meeting, the board of education of local school district “shall fix the time for holding its regular meetings”. 18 RC. 121.22(F) provides that “[e]very public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings.” 19. Pursuant to Policy 0164 of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, “[plosting notices of meeting] to the District's website shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings.” 20. Additionally, “when a public body holds a special meeting, intending to discuss particular issues, the notice of [the] meeting must specifically state those issues”. Keystone Comm. v. Switzerland of Ohio School Dist. Bd. of Ed, 2016-Ohio-4663 $34 (7th Dist.) 21. Thus, when a special meeting involves consideration of “a very specific topic”, publication of a notice that simply contains a broad and generalized topic, e.g., “[t]o discuss the 2015-2016 school year”, does not serve to inform the public of “the true purpose of the [special]meeting” and, thus, such notice “{does] not provide the specific subject matter of the meeting” and constitutes a violation of the Open Meetings Act, i, RC. 121.22F). Keystone Comm. v. Switzerland of Ohio School Dist, Bd. of Ed; 2016-Ohio-4663 $36 (7th Dist.) 22. Furthermore, pursuant to R.C. 121.22(F), “the notice ofa special meeting must refer to those specific reasons, and that those specific issues are the only ones which can be addressed at such meeting.” Jones v. Brookfield Twp. Trustees, 1995 WL 411842 (11th Dist, June 30, 1995). 23. And when a public body exceeds the scope of the stated purpose of a special meeting, that public body and its members have violated the Open Meetings Act. Hoops v. Jerusalem Twp. Bd. of Trustees, 1998 WL 172819 (6th Dist. Apr. 10, 1998)(determining that business transacted at special meetings exceeded scope of published purpose and, thus, violated R.C, 121.22(F)); accord State ex rel. Young v. Board of Ed. of Lebanon City School Dist., 2013- Ohio-1111 34-45 (12th Dist.). 24. “The [foregoing] sentence of [R.C. 121.22(F)] states that as compared to the notice of a regular meeting, the notice of the special meeting must be sufficient for a person to determine the purpose of the meeting..... [I]n giving notice of a general meeting, a public body is not required to state the meeting’s purpose. This distinction is obviously predicated upon the fact that such a meeting is not being held for any specific reason, but instead is being held because it is a regularly scheduled meeting. In contrast, the use of the term ‘special meeting’ implies that such a meeting can only be held when there are specific reasons for holding it. Given the existence of such a reason, it follows that the notice of a special meeting must refer to those specific reasons, and that those specific issues are the only ones which can be addressed at such a meeting,” State ex rel, Jones v. Board of Ed. of Dayton Public Schools, 96 N.E.3d 333, 2018-Ohio-676 43 (quoting Jones v. Brookfield Twp. Trustees, 1995 WL 411842 (11th Dist. June 30, 1995)‘The BOARD OF EDUCATION violated the Open Meetings Act failing to state the speci urpose of the s] meeting of August 11, 2021 25. On August 3, 2021, Alana Cropper, the Treasurer of the Forest Hills Local School District, issued a Notice of a Special Board Meeting, announcing that a special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT would be held on August 9, 2021, at 7:00 p.m, and that one of the stated purposes of the special meeting was “Discussion on the 2021/2022 Reopening Plans”: 26. A.copy of the foregoing Notice of a Special Board Meeting is attached hereto as Exhibit A 27. Subsequently, on August 6, 2021, Alana Cropper, the Treasurer of the Forest Hills Local School District, issued a Notice ofa Special Board Meeting CHANGE, announcing that the special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT previously announced for August 9, 2021, had been rescheduled to August 11, 2021, ‘and that one of the stated purposes of the newly-scheduled special meeting was “Discussion on the 2021/2022 Reopening Plans” 28. A copy of the foregoing Notice of @ Special Board Meeting CHANGE is attached hereto as Exhibit B. 29. The Notice ofa Special Board Meeting CHANGE was also published to the general public on the website of the Forest Hills Local School District at https://www.foresthills.edu/ 9-20; content/documents/FHSD-8-9-202 |-Specia!-Board-Meeting-CHANGE. pdf. 30. On August 11, 2021, the BOARD MEMBERS held and conducted a meeting of the BOARD OF EDUCATION at the time and place set forth in the Notice ofa Special Board Meeting CHANGE,31. ‘The meeting held and conducted on August 11, 2021, by the BOARD MEMBERS ‘was a “special meeting” of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT as it was not one of the “regular meetings” at established at the annual organizational meeting in January 2021. 32. While the Notice of a Special Board Meeting CHANGE declared that the purpose of the special meeting simply included “Discussion on the 2021/2022 Reopening Plans”, the actual purpose of the special meeting included specifically discussing, considering, and voting upon whether students in the Forest Hills Local School District would be required to utilized facial ‘masks and such specific purpose was known by the members and/or administration of the Forest Hills Local School District in advance of the special meeting held on August 11, 2021. 33. In fact, at the special meeting held on August 11, 2021, the administration of the Forest Hills Local School District presented a PowerPoint presentation that had been prepared in advance of the special meeting by administrators with the Forest Hills Local School District that specifically addressed the subject and options concerning whether students in the Forest Hills Local School District would be required to utilized facial masks 34. A copy of the PowerPoint presentation prepared by administrators with the Forest Hills Local School District in advance of the special meeting of August 11, 2021, and presented fo the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT at that special meeting is attached hereto as Exhibit C. 35. The fact that the purpose of the special meeting on August 11, 2021, specifically concemed whether students in the Forest Hills Local School District would be required to utilized facial masks was known in advance of the special meeting by members of the BOARD OF -10-EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and/or the administration with the Forest Hills Local School District. 36. Notwithstanding the foreknowledge that the purpose of the special meeting held on August 11, 2021, was specifically related to whether students in the Forest Hills Local School District would be required to utilized facial masks, the Notice of a Special Board Meeting CHANGE failed to include that specific purpose and, based upon information and belief, the failure to disclose that specific purpose was deliberate in an effort to mislead the general public as to the true purpose of the special meeting 37. Additionally, while the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT has historically broadcasted its meetings on YouTube such that the general public court observe such meetings, both in real time and after-the-fact, the decision was made not to broadcast or otherwise record the special meeting of August 11, 2021. Based upon information and belief, the decision to not broadcast or otherwise record the special meeting of August 11, 2021, was undertaken in an effort to further frustrate the ability of the general public to have full access to the proceedings of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and was part of a continuation of the effort to not state the specific purpose of the special meeting in the Notice of a Special Board Meeting CHANGE. 38. In publishing the Notice of a Special Board Meeting CHANGE with the stated general purpose of “Discussion on the 2021/2022 Reopening Plans” when the specific purpose of the meeting was to discuss, consider, and vote upon the specific issue of whether students in the Forest Hills Local School District would be required to utilized facial masks, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and the BOARD aleMEMBERS violated the Open Meetings Act, including, without limitation, the requirement that a notice of a special meeting set forth the true purpose of the special meeting. ‘The BOARD OF EDUCATION violated the Open Meetings Act -xceeding the scope of the notice of the special meeting of August 11, 2021 39. The Notice of a Special Board Meeting CHANGE stated that the purposes of the special meeting of August 11, 2021, would involve: (i) a “discussion” on reopening plans; and (ii) “approval” of human resource items. 40. The First District Court of Appeals has elucidated that, in the context of the Open Meetings Act, a “discussion” simply entails “an exchange of words, comments or ideas” by ‘members of the public body with one another”, nothing further, Cincinnati Enquirer v. Cincinnati Ba. of Ed., 2011-Ohio-703 $11, 192 Ohio App.3d 566, 949 N.E.2d 1032 (1st Dist. 2011)(quoting Holeski v. Lawrence, 85 Ohio App.3d 824, 830 (11th Dist.1993)). 41. While the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and the BOARD MEMBERS “approved”, ie., voted upon, certain human resources items at the special meeting of August 11, 2021, the BOARD OF EDUCATION ané the BOARD MEMBERS also “approved” or “voted upon” other matters unrelated to human resource ‘matters and, thus, went beyond the scope of the purposes stated in the Notice of a Special Board Meeting CHANGE. 42. Specifically, under the guise of “discussing” reopening plans, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT and the BOARD MEMBERS went beyond simply “discussing” any subject and, instead, proceeded to conduct a vote (and, in fact, multiple votes) on the specific topic (which was not even contained in the . Notice of a Special Board Meeting CHANGE) of whether students in the Forest Hills Local School District would be required to utilized facial masks. -12-43. While meeting minutes of the special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT of August 11, 2621, bave not yet issued or been approved, a report of the meeting and the multiple votes taken therein is set forth in a news article in The Cincinnati Enquirer attached hereto as Exhibit D. : 44, Asindicated in the news article, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT first voted to impose recommended, but not required, masks for elementary school children, even though the Notice ofa Special Board Meeting CHANGE did not indicate or state any vote on that topic was the purpose of the special meeting of August 11, 2021 45. As further indicated in the news article, DEMETRIA CHOICE declared she made an error in how such voted on that initial vote and, so a second vote of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT occurred which, against, resulted in the approval of a recommendation, but not requirement, for masks for elementary school children, even though the Notice of a Special Board Meeting CHANGE did not in state any vote on that topic was the purpose of the special meeting of August 11, 2021. 46. As further indicated in the news article, DEMETRIA CHOICE made yet another error with respect to this second vote and, so a third vote of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT occurred which rejected the approval of a ofa recommendation, but not requirement, for masks for elementary school children, 47. Ultimately, as further indicated in the news article, a fourth vote was taken by the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT at its meeting of August 11, 2021, which ultimately resulted in the BOARD OF EDUCATION imposing a mask mandate for elementary school children in the Forest Hills Local School District in allinstructional settings, even though the Notice of a Special Board Meeting CHANGE did not indicate or state any vote on that topic was the purpose of the special meeting of August 11, 2021 48. In conducting the four distinct votes during the course of the special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT of August 11, 2021, the BOARD OF EDUCATION and the BOARD MEMBERS clearly exceeded the scope of the stated purpose of the special meeting as contained in the Notice of a Special Board Meeting CHANGE (which simply declared a “discussion” would occur) and, thus, violated the Open Meetings Act. 49. In fact, when previously giving notice of special meetings, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT has explicitly distinguished between giving notice that a special meeting would involve the “discussion” of a matter versus actually “voting” on a matter. 50. ‘On June 25, 2020, Alana Cropper, the Treasurer of the Forest Hills Local School District, issued a Notice ofa Special Meeting of the Board of Education, announcing that a special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT would be held on June 30, 2020, and that the stated purposes of the special meeting was “to discuss the future of the Anderson High School mascot”. 51. A copy of the foregoing Notice of a Special Meeting of the Board of Education for the special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT for its meeting on June 30, 2020, is attached hereto as Exhibit E. 52. According to the following excerpt of the minutes of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT for the meeting held on June 30, 2020, the following occurred when the stated purpose was “to discuss” a matter: -14-4, Board Dsavssion Discussion: 4.1 Discuss the Future of che Anderson tigh School Mascot The Board discussed the following regarding the Anderson High School mascot: History of che Anderson High School mascot Firing ofthe discussion 1000+ emsis have been received and independently reviewed by Board members ‘A‘letzer from the Forest Hills School OisuictC.A,R.E. Connerstone Team ‘Alec from the Cincinnati Chapter of the National Association for the Advancement of Colared People (NAACP) “A latar from Past Members of Forest ills Local School District Board of Eucaton ‘Statement from Kational Congress of American Indians (NCAL) website ‘Statement from Waive American Gugrdian's Association's (WAGA) wedsita ‘Excerpts fram emsils both in favor of and against recaining the mascot ‘ational poll resus on the subject “Potential costs of changing the name, possible solutions and phased transition ‘Native American Education in our curriclum, “One Degree Shift program 53. As indicated in the minutes of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT for the meeting held on June 30, 2020, no vote occurred relative to the subject matter of for which a discussion was identified as the purpose of the special meeting. 54. However, on June 30, 2020, Alana Cropper, the Treasurer of the Forest Hills Local School District, issued a Notice of a Special Meeting of the Board of Education, announcing that a special meeting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT would be held on July 2, 2020, and that the stated purposes of the special meeting was “to discuss, consider and vote on a motion to retire the Anderson High Schoo] mascot”. 55. Accopy of the foregoing Notice of a Special Meeting of the Board of Education for the special mecting of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT for its meeting on July 2, 2020, is attached hereto as Exhibit F. 56. According to the following excerpt of the minutes of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT for the meeting held on July 2, 2020, the following occurred when the stated purpose was “to discuss, consider and vote on a motion” a matter: -15-4. Discuss, Consider and vate on 3 Motion to Retire the ‘Aation, Discussion, information: 4.1 Discuss, Consider and Vote on 3 Motion to Retire the Anderson High School Mascot The board discussed te following: “Taming [-eundira | fotenoet brand eransition mocet “Stegnng Convisee wi he folowing subcormiees “Honoring the Past “Communication “Branding Funeralaing Motion to respectfully retire the Anderson High School logo without additional taxpayer money. Motion by Dee Ose Choice, second by Leslie Resmussen Final Resolution: MOTION CARRIED Yes: Elizabeth Barber, Dee Dee Choice, Foresc T Hels, Lesie Rasmussen fio: Parry Taylor 57. Thus, in providing notice of special meetings, the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT clearly has distinguished and recognized the distinction between “discussion” of a matter versus “voting” on a matter, and by taking four separate and distinct votes on whether students in the Forest Hills Local School District would be required to utilized facial masks, the BOARD OF EDUCATION and the BOARD MEMEBRS have violated the Open Meetings Act. 58. ‘The action of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT in ultimately voting at its special meeting of August 11, 2021, to impose a mask mandate for elementary school children in the Forest Hills Local School District in all instructional settings constitutes a resolution, rule, or formal action adopted in an open meeting of the BOARD OF EDUCATION but was done at a meeting in violation of R.C. 121.22(F) 59. R.C. 121.22(H) provides that “[a] resolution, rule, or formal action adopted in an ‘open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.” 60. Asaresult of the provisions and mandates of the Open Meetings Act, the action of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT in -16-imposing a mask mandate for elementary school children in the Forest Hills Local School District is invalid as a matter of law, 61. The first day of school for students in the Forest Hills Local School District with last names of A to L in grades to 1 to 12, as well as a phase-in for kindergarten students in the Forest Hills Local School District, is scheduled for Thursday, August 19, 2021, with the first day for students in the Forest Hills Local Schoo! District with last names of M to Z the next day. 62. Thus, the real and imminent threat exists that children matriculated in the Forest Hills Local School District are and will be subject to regulation and control through action of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT made in direct contravention and violation of law. 63. The children matriculated in the Forest Hills Local School District, as well as the parents of such children, 64. Furthermore, it is always in the public interest for public officials, including the BOARD MEMBERS, to comply with the law and to not allow or condone in any manner public officials operating in direct contravention and violation of the law. WHEREFORE, the STATE OF OHIO, by and on relation to Relator JOHN DOE, prays for the issuance, in its name, of: a, a declaratory judgment that the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, as well as FOREST HEIS, LESLIE RASMUSSEN, DEMETRIA CHOICE, JULIE BISSINGER and ELIZABETH MAIER, in convening and conducting a special meeting of the BOARD OF EDUCATION on August 11, 2021, violated or threatened to violate the legal requirements of the Open Meetings Act by: (i) failing to state the specific purpose of the special meeting; and (ii) exceeding the scope of the notice of the special meeting when they conducted four separate and distinct votes which were not within the ambit of the notice of the special meeting. Ae. the mandatory statutory injunction pursuant to R.C. 121.22(1)(1), precluding the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, as well as FOREST HEIS, LESLIE RASMUSSEN, DEMETRIA CHOICE, JULIE BISSINGER and ELIZABETH MAIER, from convening or conducting any special meeting of the BOARD OF EDUCATION without the notice of the special meeting stating the specific purpose or purposes of the special meeting; the mandatory statutory injunction pursuant to R.C. 121.22(0)(1), precluding the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, as well as FOREST HEIS, LESLIE RASMUSSEN, DEMETRIA CHOICE, JULIE BISSINGER and ELIZABETH MAIER, from exceeding the scope of the notice of any special meeting; |. declare invalid and invalidate, pursuant to R.C, 121.22(H), any resolution, rule, or formal action adopted by the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT adopted at an open meeting held in violation of R.C, 121.22(F) and, in particular, the resolution, rule, or formal action of the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT at its special meeting of August 11, 2021, wherein it ultimate took the formal action of imposing a mask mandate for elementary school children in the Forest Hills Local School District in all instructional settings; a temporary restraining order/preliminary injunction precluding the BOARD OF EDUCATION OF THE FOREST HILLS LOCAL SCHOOL DISTRICT, and all others acting at their behest, direction or control from undertaking any effort to implement or otherwise enforce any resolution, rule, ot formal action of the BOARD OF EDUCATION undertaken at its special meeting of August 11, 2021, in violation of the Open Meetings Act, and, in particular, the imposition of a mask mandate for elementary school children in the Forest Hills Local School District in all instructional settings; award of the civil forfeiture, together with attomey fees and costs, as provided for by RC. 121.2202); grant any other relief to which it may be entitled, in law or in equity. -18-‘The Law Firm of Curt C. Hartman 7394 Ridgepoint Drive, Suite 8 Cincinnati, OH 45230 (513) 379-2923 [email protected] Counsel for Relator APPLICATION FOR TEMPORARY RESTRAINING ORDER/PRELIMINARY INJUNCTION Pursuant to Ohio R. Civ. P. 65(B)(1), Relator hereby makes application for the issuance of a temporary restraining order / preliminary injunction as set forth above and prayed for above. Respecffly submitted, THe Law Firm of Curt C. Hartman 7394 Ridgepoint Drive, Suite 8 Cincinnati, OH 45230 (513) 379-2923 [email protected] Counsel for Relator 9"VERIFICATION State of Ohin, Counts of Hamilton 1 ss the foregeing Coinplaint and the factual averments therein a tr states that hershe has 1 ledge. information, and/or belie ale based upon hisvher kn Swurn to and subscribed fe fiore she 17th day of August 2021Central Office Scot T. Prebles 7946 Beechmont Avenue Superintendent ee eC incinnati, Ohio 45255. ‘Alana Cropper Eastpe Siac ree eae ena ee eee nan cette FOREST HILLS SCHOOL DISTRICT BOARD OF EDUCATION ice of a Special Board Metin; Notice is hereby given that a meeting of the Board of Education of the Forest Hills School District, Hamilton County, Ohio, will be held on Monday, August 9, 2021 at 7:00 pm. at Nagel Middle School, 1500 Nagel Road, Cincinnati, OH 45255. ‘The purpose of this meeting is as follows: © Discussion on the 2021/2022 Reapening Plans . ‘* Approval of Human Resources items ¢ OAPSE 677 ‘Any general purposes of the Board that require attention will be also addressed. ‘Alana Cropper, T ‘August 3,2021 “Upon request to the Superintendent, the District shafl make reasonable accommodations for a disabled person to be able to participate in this activity." Exhibit ASED Central Office Scot, Prebles Superintendent 7846 Beechmont Avenue x incionaly, Ohio 45255 na Cropper “Pores fils fail 513-231-3600 Treasurer cesoransncenay P05 515-289-3830 Kim Pence woe foresthitsedu Assistant Superintendent FOREST HILLS SCHOOL DISTRICT BOARD OF EDUCATION Notice ofa Special Board Meeting CHANGE Motice is hereby given that the meeting of the Board of Education of the Forest Hills School District, Hamilton County, Ohio, to be held on Monday, August 9, 2021 at 7:00 p.m, at Nagel Middle School, 1500 Nagel Road, Cincinnati, OH 45255 has been rescheduled to Wednesday, August 11,2024 at 6:30 pan. at Nagel Middle Schoo}, 1500 Nagel Road, Cincinnatt, OH 45255, ‘The purpose of this meeting is as follows: * Discussion on the 2021/2022 Reopening Plans © Approval of Human Resources Items Any general purposes of the Board that require attention will be also addressed. ‘Alana Cropper, od August 6, 2021 “Upon request to the Superintendent, the District shall make reasonable accommodations for a disabled person to be able to participate in this activity.” Exhibit B358104 ‘9T0Z 148uAdoIQ, SSOSSOSO0 ‘TADXI* BSMOdIT * SDVONA PUSIG JOOUDS SIH 3$2104__ (Stpanasay sway | iw ie ‘paureureul aq jouues suluejsip jesissyd usym ‘ssunjes papmo.o ul pue s1oopul yueyodun Ayjetsadsa st payeutoea AT[NYy ou ale oym ajdoad Aq asn yseut Wa109 pue yUaysIsuo’) ° ‘payeurooea AT[Ny OU are om (Japjo pue Z ade) S[ENPIAIPUT [[e Aq SIOOPUT UIOM aq P[noys syse e SUOHEpUdWIOIy YseW CG)4 ‘9102 IYBLAdOyg payeutsoea Al[ny JOU are OYM SyenplAlput Jo} pue ‘paulewureu aq jouues Supoueysip [estskyd asaym ssulas papMmosd ul ‘sioopul yuewodut Ajeledsa SI SIU], ‘JOOYDS UI a[yYM syseu Jeam payeulooeAUN ale OYM asoyy yey} spuawwoda AjsuoNs IO ° ‘suTUTed] uosiad-ul Wo. 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Cincinnati.com | The Enquirer NEWS Forest Hills requires masks in classrooms for elementary students; optional masks for high schoolers Madeline Mitchell Cincinnati Enquirer Published 7:24 a.m. ET Aug. 12, 2021 | Updated 7:31 a.m. ET Aug. 12, 2021 Forest Hills Schools decided to differentiate mask requirements by grade level during a Wednesday evening board of education meeting. Superintendent Scot Prebles provided multiple masking scenarios to the board on Wednesday, split between elementary students and secondary students. The board ultimately voted on optional masks for junior high and high schoolers and required masks in instructional settings for elementary schoolers. The mask mandate for the district's youngest students does not include trips to the restroom, lunchroom or at recess. At least 50 parents and other community members ~ only a handful of whom wore masks — attended the Wednesday meeting at Nagel Middle School. None of the board members, nor Prebles, wore masks, either. Some parents were stationed outside the school leading up to the meeting with signs that read: "My child, my choice" or "No mask mandate." There were multiple Hamilton County Sheriff's Office deputies present at the meeting. “This is not a baseball game,” board president Forest Heis said as the meeting began. He asked the crowd to be respectful of the board and not make cornmentary during their discussion. There was no public hearing. "We all have strong opinions here, I get that.” More: What to know about Gov. Beshear's new mask mandate for Kentucky schools More: Here's which Southwest Ohio school districts are requiring masks this fall Despite Heis’ request, there were multiple interruptions from the crowd throughout the meeting. Some attendees applauded or groaned at board members! comments; others yelled questions, concerns and frustrations at the board. Many attendees grew restless and abruptly Exhibit D -ntpsitauncncinnt conistaryinews/202 1/08 2forest-hits-schocls-masks requre-elamentary-opionahigh-#ehooV1033310021 wearverzozs Forest His schools: Masks requlte fr slementary eptonal for high schocl left after board member Demetria Choice voted "incorrectly" — twice — and rescinded her votes. Choice intended to vote for universal masking for all grade levels, she said. But when board member Elizabeth Maier put a motion on the table to impose recommended, but not required, masks for elementary students it passed 3-2. Maier, Choice and board member Julie Bissinger made up the votes for optional masks. Choice realized her error and rescinded the vote. Maier put the same motion on the table and Choice again voted in error; the vote was rescinded a second time and the motion voted on once more, ultimately failing 3-2 once Choice voted against it. Heis then put another motion on the table: require masks for elementary students in instructional settings only. That includes classrooms but not other areas such as hallways, restrooms, lunch areas and playgrounds. This motion passed 3-2, with Maier and Bissinger voting in opposition. "To mask them (students) out of fear of what might happen is outrageous," Maier said. There were nearly 400 COVID-19 cases in the district last year, officials said, with more than 4,000 quarantines as a result. When students are quarantined they are taken out of school for 10 days. "We know how to keep kids in school," board member Leslie Rasmussen said, referring to mask-wearing. She voiced concerns about mental health if more students were to be quarantined and have to miss out on school and extracurricular activities. The board said they received more than 1,000 emails from the community over the last several weeks concerning masks. Opinions were pretty evenly split, Heis said. "There's a heaviness in this decision no matter what happens," Maier said. No option is forever, Prebles said. He holds the right to change the current mask policies should COVID-19 numbers spike at a school in the first several weeks of instruction. The board plans to re-evaluate its mask guidelines after Sept. 13. All students, regardless of grade level, will be required to wear masks on buses. Students who refuse to wear a mask will go through the same disciplinary process as any other violation of the district's code of conduct, officials said. ‘The next Forest Hills board of education meeting will be held on Aug. 23.Scot ¥; Prebles Central Office ee Alana Cropper 7946 Beechmont Avenue Treasurer ij Cincinnati, Ohio 4525s Mike Broadwater sores mms 513-231-3600 Assistant Superintendent. Business Operations Fax: $13-231-3830 Greg Sears wow foresthillsedu eo ‘Assistant Superintendent, Teaching ond Learning FOREST HILLS SCHOOL DISTRICT BOARD OF EDUCATION Notice of a Special Mecting of the Roard of Education Notice is hereby given that a special meeting of the Board of Education of the Forest Hills School District, Hamilton County, Ohio, will be held on Tuesday, June 30, 2020 at 7:00 p.m. Due to Governor DeWine's "Urgent Health Advisory: Ohioans Protecting Ohioans” order, this meeting will be held virtually. ‘The purpose of this meeting is to discuss the future of the Anderson High School mascot. Any general purposes of the Board of Education that require attention will also be addressed. ‘The Special meeting of the Board of Education will be streamed live on the Forest Hills School District YouTube channel at the following link: https: //bit \y/2xcKwTX Ifyou would like to continue to share your opinion regarding the future of the Anderson High School mascot, you can send the Forest Hills Board of Education an email at Nore lore ‘lana Cropper, Treasorer June 25, 2020 7946 Beechmont Avenue + Cincinnati, Ohio 4525S + $13-231-3600 + 513-231-3830 Fax» www foresthilis.edu ENGAGE « EMPOWER « EXCEL : Exhibit EScot. Prebtes K Central Office oxeenens ‘Mane Cropper 7546 Beechmont Avenve eoser Gicinat ia 95255 tite Brosdvter 513-231-3600 Assistant Superimendent, Business Operotions Foc 919-231-3630 pies ee ‘Assistant Supesioendent, Teaching and Learning FOREST M1118 SCHOOL DISTRICT BOARD OF RDUCATION Notice of a Special Meeting of the Board of Education Notice is hereby given that a special meeting of the Board of Education of the Forest Hills School District, Hamilton County, Ohio, will be held on Thursday, {uly 2, 2020 at 4:00 pam, Due to Governor DeWine’s “Urgent Health Advisory: Ghicans Protecting Ohloans” order, this meeting will be held virtually. ‘The purpose of the special meeting is to discuss, consider and vote on a motion to retire the Anderson High School mascot. Any general purposes of the Board of Education that require attention will also be addressed, ‘The Special meeting of the Board of Education will be streamed live on the Forest Hills School District YouTube channel at the following link: https: //bit.Jy/2xckwTX Hf you would like to continue to share your opinion regarding the future of the Anderson High School mascat, you can send the Forest Hills Board of Education an email at [email protected] Alana Cropper, Treasurer June 30, 2020 7946 Beechmont Avenue + Cincinnati, Ohio 45255 + 513-231-2600 + 513-231-3830 Fax - www foresthillsedu Exhibit F