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Judge keeps lid on new details revealed in lawsuit against Nelson County school board

The information includes more than 1,000 emails and over 100 text messages sent on board members' personal devices.

BARDSTOWN, Ky. — Nelson County Forward, a group of parents in the community, argue the Nelson County Board of Education violated Kentucky's Open Meetings law.

On Friday, the group's attorney, Matthew Hite, said information gathered during these legal proceedings could be useful for the Kentucky Department of Education's interim commissioner as she decides on whether or not the board's removal of Superintendent Wes Bradley goes through.

According to Hite, that information included more than 1,000 emails and over 100 text messages sent on board members' personal devices. 

However, Nelson County Judge Mark Thurmond ruled those documents would stay out of public view, for now. 

Hite wanted some of that information to reach KDE's interim commissioner before the April 5 deadline deciding the superintendent's fate. Previously, he asked the judge to intervene and prevent any action against him, but the judge denied it. 

"There's a difference between that and what's actually before this court," Judge Thurmond said, "which is that the action's should be voidable because of a violation of open meetings."

Credit: Ian Hardwitt, WHAS11
Judge Mark Thurmond, who's on special assignment for the case.

Hite believes the texts are proof of the violation, but can't reveal their contents because of an executive protective order on the records. 

"They are a smoking gun in the hands of the people who decided to end the superintendent's contract," he said. It's evidence he thinks will prove the board conducted public business in private. 

Regardless of merit, the defense wants to keep the documents contained since the court case is in the discovery phase. 

Credit: Ian Hardwitt, WHAS11
Jake Thompson (left) and Lindsay Porter (right), defense attorneys for the Nelson County school board.

"They should not be used by the plaintiffs or the public to be used for other purposes such as, at a minimum, providing them to the commissioner of education," Lindsay Porter said.

Another defense attorney, Kevin Chlarson, worried where the records may end up.

"It is not to be posted publicly on Facebook, commented on on Facebook, it is not to be emailed to legislators, to KDE, to what-have-you," Chlarson said.

The judge and a separate defense attorney argued the commissioner could probably obtain those records anyway if she wished. "To, as part of the investigation, seek the records—she'd be free to do that," attorney Jake Thompson said.

Credit: Ian Hardwitt, WHAS11
The crowd gathered to see the court proceedings, with NCCARES lawyer Jack Seay seated up front.

Despite the commissioner's decision, a NC Forward victory in this lawsuit would reverse superintendent Bradley's removal. 

The case's next hearing is scheduled for March 28. Thurmond set a trial date for August 1, 2024.

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