After more than three hours of meeting privately with attorneys, the Columbus Board of Education made the rare move Tuesday night to waive attorney-client privileges and release a legal report on a leaked document.
The report from the office of attorney Scott Scriven, LLP found that Columbus Board of Education member Brandon Simmons was the only author of a divisive strategy document titled “Taking Control of the Task Force Narrative.” The strategy document suggested ways to weaken the Columbus Education Association after the group reacted negatively to a district plan to close some school buildings.
Board President Christina Vera said Scriven’s legal memorandum on the document is the result of an investigation into complaints against Simmons made by the Columbus Education Association and the Columbus Education Justice Coalition.
“I believe that releasing this report is another step as the board makes efforts to heal and rebuild trust with our labor partners, our staff, parents, students, and our community at large,” Vera said in a statement.
Aside from Simmons abstaining, the board voted unanimously to release Scriven’s 12-page report.
It concludes that Simmons saved the strategy document on his personal Google Drive, and no one accessed it, except one board member who Simmons asked to make copies. It adds that no version of the document was approved as communications from the district.
“Prior to receiving criticism…Board Member Simmons was enthusiastic about the ideas set forth in both the May 9 and May 10 versions of the Simmons Document,” the report reads. “After many of his ideas were shot down by the group on May 10, 2024, Board Member Simmons became defensive and attempted to recover the document so that it would not be seen by others.”
Simmons' response
Simmons apologized on social media for the document. In a statement released after Tuesday’s meeting, however, he reiterated his claim that he did not write it alone. Simmons has not named another specific board or staff member as a collaborator.
“My colleagues refuse to acknowledge any of their involvement in this process and have now gone so far as to misuse the district's resources in an effort to skirt any accountability,” Simmons wrote.
Simmons also said he’s concerned that the board’s decision to release the legal memorandum violated Ohio’s open meetings laws.
“My colleges frequently and regularly improperly use the executive session mechanism to make decisions in private before returning to the public board table,” Simmons wrote.
Last month, the state auditor’s office sent the entire board and district Superintendent Angela Chapman notice that they may have violated open meeting laws based on Simmons' previous claims that members of the board collaborated on the document.
Ohio law prohibits a majority of an elected group from talking about business outside of a public meeting.
The state auditor’s office said Simmons' comments made it seem like the board circulated drafts of the document or met to discuss it outside of public meetings. The auditor’s office said it hadn’t confirmed the accuracy of allegations against the board, but regional staff were made aware of the claims.
At a special meeting at the end of May, the board, including Simmons, voted to censure Simmons.
Tuesday's meeting
During Tuesday’s meeting, Vera repeatedly chided Simmons for his behavior as he walked around the meeting room and talked with people. At one point, she told Simmons to respect the body and the work of the district.
“Board member Simmons, we still have work to do, sir. You are an elected body. We have work to do,” Vera said. “If you'd like to do a press conference, you're more than happy to do that after the meeting is over.”
The meeting was also heavily attended by district parents, faculty and staff who continued to criticize the school consolidation plans that sparked Simmons' divisive document.
Vera said the Superintendent’s Task Force, the volunteer group tasked with recommending which of the district’s more than 100 buildings should close, has done important work. The group initially recommended closing up to 20 buildings in any of nine different consolidation scenarios.
“We need to continue to get our community input on that work. We owe it to our students to continue to work on their behalf,” Vera said.
The task force is expected to release final recommendations on which buildings to close this month. The board will decide whether to accept those recommendations.
