Ty Tagami has posted a very important article at the AJC online about the Heery Mitchell case. It appears that Heery and a private citizen have teemed up to sue DeKalb schools for illegally spending itself into the ground and for entering an unconstitutional agreement with King & Spalding. That would be the handiwork of Josie Alexander, of Alexander & Associates, one of our two law firms of record, who negotiated this bad deal for the school system. We have tried to bring this to light ever since the ink dried on the contract, only to have our words fall on deaf ears, or worse, to be mocked as uninformed.
In the new suit filed in DeKalb Superior Court, former Georgia Attorney General Mike Bowers argues that the contingency arrangement is unconstitutional because it vests in King & Spalding “an ownership interest in property and money” of the school district.
The suit, filed Friday, also takes aim at another part of the contract, which says King & Spalding can force DeKalb to pay for those unbilled hours if the district settles the case against the law firm’s recommendation. That creates an “illegal debt,” the suit filed by Bowers claims. It notes that “there has never been an allocation in any year to cover the attorneys’ fees at issue in that year.”
Read Ty’s full article here>> DeKalb school system sued over spending on lawyers
Further, read some of our posts from the Original DSW blog on the subject of this lawsuit, which we contend that along with the teachers lawsuit will bankrupt the school system:
March, 2011: And the Winner Is… Why – the lawyers, of course!
In addition, Robin McDonald of the Daily Report, a legal news source reported on the case in February of 2011,
“The fee contract, inked in June 2008, allows King & Spalding to collect both its standard hourly rates and a contingency share of whatever damages the school district may collect-should it win its $100 million counterclaim.
If the case settles in a way the firm does not like, it can convert its contingency payment to hourly fees.
Lawyers for the district’s former construction managers claim that those terms give King & Spalding so much power over its client that the firm could effectively veto an attempt by the school district to settle the case.”
However, all during this time, and even today, we have had an ever-changing cast of characters running the school system – always on ‘the learning curve’ – with virtually no one aware of the financially dangerous history. Worse, the Board leadership as well as the last three superintendents have been more or less unconcerned about the case as they focus on squabbles over how to spend the rest of the budget and where to make enough cuts to the schools in order to pay for these legal fees and other waste and bloat.