The sideshow has taken over the Denver Public School circus. The release of video footage from the board’s 5-hour illegal executive session in March provides yet another profound reason why this board and its leadership must resign and begin to restore the public’s trust and the institution’s integrity.

After news outlets sued for recordings of the board’s crucial executive session, the trial judge held that the board violated the open meetings law by failing to notify the public about the topics school officials would discuss behind closed doors and then unlawfully crafting its public policy reinstating police officers to local schools.

The board and its legal team fought for months to keep their unlawful shenanigans from the public. The board should have known on its own they were violating Colorado law in that executive session. But, it was malpractice for their counsel, Aaron Thompson, to repeatedly advise the board that they could have policymaking conversations behind closed doors.

The issue did not involve a thorny legal question, but rather a rudimentary understanding of Colorado’s Sunshine law. Approved by Colorado voters 51 years ago, the law ushered in a new era of government transparency and openness.

Amended over the years, the law mandates that all meetings of state and local government bodies be open to the public Its primary purpose is to ensure that governments operate transparently when making decisions that affect our communities, like reinstating police officers in Denver schools.

The law creates certain statutory exceptions. These so-called “executive sessions” are allowed for specific and limited reasons, such as discussing personnel matters or conferences with legal counsel.

While there are some wrinkles that can create more challenging fact patterns and legal questions, this was not one of them. Here, the board engaged in a substantial discussion of matters not permitted under the state’s open meeting laws and then adopted a proposed policy in executive session. This was a casebook text of a Sunshine law violation. The DPS board and its leadership in their infinite wisdom have now not only failed to keep students and staff safe, they have again betrayed our trust.

It’s time to clean house.

Board Vice President Auon’tai Anderson blamed Thompson for failing to ensure that the Board stayed within the bounds of the law. Anderson called for “a leadership change in order to build back trust in our school board.”

Anderson did his part when he announced in mid-June that he was dropping his re-election bid. Anderson’s time on the school board has been nothing short of highly controversial. Anderson led the 2020 efforts to remove police officers from Denver schools and a poll conducted in mid-April showed just 9% of voters planned to vote for Anderson.

The only contrition has come from board member Scott Baldermann who initially said that he was not sure an apology would be in order, but later issued a self-serving apology given he is up for re-election in November. This was a teachable moment and no other board member, or Thompson or Superintendent Alex Marrero, have issued an apology demonstrating their arrogance and lack of accountability.

Meanwhile, back at the circus, DPS is at a tipping point. DPS is projected to lose nearly 1,000 kindergarten through 12th graders in the upcoming school year. By 2027, the district will lose a projected 6,636 students that live in the city. The decline can be attributed to many factors,  including concerns about the quality of education, failure to keep students safe, and the ineptitude of the board and the district’s leadership.

What can we do? For starters, we can continue to demand their resignations. And, if that doesn’t bear fruit, three board seats are up for grabs in November. Denver voters can make sure that the two members up for re-election, Scott Baldermann and Charmaine Lindsay, are soundly defeated. Voters can then ensure all three seats are filled with qualified candidates who promote transparency and accountability, and foster a strong and safe learning environment for all of its students.

From ResignDPS to the Parents-Safety Advocacy Group and others, there is a strong, organic grassroots movement demanding change and considering other options like a recall campaign for the other four board members.

It is also time for our other elected officials to issue a call for action. Mayor Michael Johnston, an education reform expert, and Denver City Council should consider what role and authority Denver can have in putting the school district on a much different trajectory. Johnston has the power of the pulpit and can create a position for an education czar who can hold DPS publicly accountable and help shape the future of the DPS.

Denver students deserve a quality education in a safe environment, not the nationally embarrassing DPS sideshow that has taken over their dysfunctional circus.

Doug Friednash grew up in Denver and is a partner with the law firm Brownstein Hyatt Farber Schreck. He is the former chief of staff for Gov. John Hickenlooper.

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