The Washington Post’s famous tagline is ‘Democracy Dies in Darkness’, and those watching events in Woodland Park this last year or so should have a good idea of what they mean. We have a school board that operates in the shadows, making decisions outside of board meetings and doing their best to stay out of the public eye. The result, is a school district in turmoil under the rule of an autocratic interim superintendent Ken Witt, a complicit board of education, and behind it all, in the deepest of shadows, figures like Brad Miller and other alumni from the Leadership Program of the Rockies attempting to remake school districts across the state.
There’s no shortage of violations of their own governing policies they each swore to uphold. Our last superintendent, Dr. Mathew Neal, pushed back to try to maintain some order, and was cut loose as a result. Most recently, Ken Witt modified the district’s contract with charter school Merit Academy, in apparent violation of that same contract.
The Colorado Open Records Act (CORA) is designed to enforce at least some level of transparency in state government. Both supporters and detractors of this school board have taken advantage of CORA to learn more about what’s been going on in our district. As a result, we’ve witnessed some board members use district email less, and when we’ve shown them to use their personal email address for district business, they refuse to comply with CORA requests for district emails from that account. One CORA request from December was refused more than once, and a new lawsuit has been brought against the district for this…here’s an excerpt from that court filing:
Around a week ago, Witt deemed ‘unnecessary’ the IT position responsible for managing CORA requests submitted to the district. CORA results were already occasionally late…and since then, the district has failed to provide results in the timeframe explicitly required under Colorado Law (3 days for a single document, up to 10 for anything else). Additionally, after submitting a new CORA request, the district no longer acknowledges the submission like it had previously. These are disappearing into a black hole. The district knows that the CORA law doesn’t have any penalties for non-compliance, so we’re witnessing them exploiting this loophole to hide information from the public.
We’ve learned that at least recently (we don’t know when this started), Brad Miller will, instead of redacting a particular document, withhold it from the CORA results entirely, with no notification to the requestor. We’ve since learned that if we specifically ask about this, we’ll be told the number of documents withheld, but these are never provided to us, not even in heavily redacted form.
The CORA lawsuit above showed another issue with our district – violations of Colorado Open Meetings Law (OML). Designed to ensure transparency in governance and enable public oversight of elected officials, it prohibits (for a local body) three or more board members from meeting without notifying the public at least 24 hours in advance. The district violated OML first in January of 2022, for which a preliminary injunction was granted. That particular court case was resolved last November when the judge said the district cured the previous violations in their actions in an April meeting of that year. In that link above, Director Illingworth described the suit as ‘political’, though the board’s violation the following month (reference the CORA lawsuit above) casts question on that statement.
In the January 25th board meeting, the board interviewed three candidates to occupy the vacant board director seat. With three good candidates speaking that night, one might have expected some deliberation amongst the board members. Instead, as the video below shows, there was none…the board had obviously already discussed this, outside of board meetings, and made their decision even before they interviewed the board candidates!
In a March meeting, Ken Witt explained how he uses one on one or one on two meetings to discuss issues with the board, or as he put it, to ‘share ideas.’ For example, the picture here shows Witt and Patterson meeting for breakfast one morning. That in itself might be normal, but when you look at the decisions being made without zero public board discussion (like the sixth grade middle school decision), it’s clear that decisions ARE being made through this serial communication process (which we believe is technically legal in Colorado, for now, but in violation of the spirit of the OML).
Witt explained this process himself to teachers recently:
Last but certainly not least, is the the board and Witt’s effort to clamp down on freedom of speech, initially even prohibiting teachers from using social media (later backtracking on that slightly). One staff member was fired, read more about it here.
Board President David Rusterholtz frequently speaks of transparency. Their actions speak louder than those words of his.