Responsibilities of public service were on full display in Mountain Home last week, sending the message that part of the duty to avoid legal problems is a thorough understanding of pertinent laws.

Bob Chester resigned from the Mountain Home Public School Board; he and fellow members are mentioned in a May 31 FOIA lawsuit alleging they participated in illegal private group texts over millage increases with former Superintendent Jake Long.

Ace reporter Bill Bowden quoted Chester’s resignation letter: “My primary reason for resigning is to avoid any further distractions that may arise from the ongoing legal disputes and to ensure that the focus remains on the students, teachers and staff of Mountain Home Schools. I firmly believe that my continued presence on the board during this time could detract from the important work being done to support our students and uphold the high standards of education for which Mountain Home is known.”

Chester said his resignation wasn’t an admission of guilt.

“I stand by my actions and firmly believe that they were in the best interest of our school district,” he wrote. “However, I recognize that the current situation requires resolution, and my resignation will allow the board to move forward without the complications of a protracted legal battle.”

Chester had been on the board two years with two years remaining.

The other two board members mentioned in the lawsuit, Lisa House and Daniel Smakal, remain on the board while Long is now superintendent at the Howell Valley R-1 School District in West Plains, Mo.

Unsurprisingly, the lawsuit was filed by Joey McCutchen of Fort Smith; it was filed in Baxter County Circuit Court on behalf of Melissa Klinger of Mountain Home after Prosecuting Attorney David Ethredge decided not to file criminal charges against Long or board members.

The Mountain Home School District and its board are named as defendants.

McCutchen said the case involves Long polling members House and Smakal “over a secret text message chain about a proposed 2023 millage increase.”

Bowden wrote: “Based on the text message chain, McCutchen said it was apparent Long had previously polled each of the other five board members when he told House and Smakal the board was divided ‘3-3’ on whether to propose a millage rate increase of 2.25 or 2.75 mills. Long was waiting on one other board member to respond. The proposed millage, which voters rejected, would have generated $54 million to $60 million for the school district.

“McCutchen didn’t mention Chester in the news release, but he is referenced in the lawsuit and in a draft affidavit of probable cause from an investigator with the Baxter County sheriff’s office.”

Klinger said she learned of the secret text exchange through her open-records FOIA request where she received “screen shots of several text conversations from a group chat,” according to the lawsuit.

“The group chat conversation was mostly inane conversation,” according to the sheriff’s office draft of the affidavit, but is in direct contravention to the FOIA’s open meetings requirement.

Chester distributed a five-page “brief” to Klinger, Crawford and others, before a scheduled board meeting, contending that the fact the school board provided the text messages to Klinger shows the board wasn’t trying to circumvent law.

He said his texts involved general opinions and gathering information, rather than binding decisions, saying his “intent was to gather information and prepare for public discussions, ensuring informed decision-making” at public sessions.

“Such preparatory discussions are routine and necessary for effective governance, ensuring board members are well-informed and prepared for public meetings,” wrote Chester. “All final decisions regarding the millage rate were made during public board meetings in full compliance with the FOIA.”

Chester claimed Klinger had misused the legal process because of a personal vendetta against the district, and said he has sustained reputational damage and legal costs because of the suit.

McCutchen told Bowden, “The lawsuit the board denounces only touches on a minute fraction of a massive secrecy campaign, but highlights $50 million-plus reasons in the form of a millage increase as to why open government and FOIA is important. Because of the work of FOIA warrior Melissa Klinger, subsequent FOIAs and taped interviews revealed board members had been using secret text message chains to do the public’s business for eight years and were dutifully deleting those text messages to do an ‘end around’ FOIA.

“… Chester claims there was “no intent to circumvent’ FOIA and plays the victim and accuses one of the people who exposed this secret scheme as being the villain. … Without real accountability and repentance for their years of wrongdoing, the board will never have the trust of the community, students and parents they serve.”

Never forget: It can take years to build trust in others but less than a minute to destroy it.