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Knoch resident withdraws Sunshine Act complaint

A resident of the South Butler County School District who filed a lawsuit against the school board has withdrawn his complaint, but the district still must foot the bill for defending it.

Tom Breth, district solicitor, told the board at its Wednesday meeting that he defended the case brought by Tim Danehy for a year in Common Pleas Court in Butler.

Danehy accused the board of violating the Sunshine Act by appointing Matt Cimbala to the school board on Dec. 4, 2019.

Cimbala's own tenure on the board had expired in December 2019, and he did not run for re-election. The board voted Dec. 4, 2019, to appoint him to fill the term of board member Bob Goodlin, who had resigned.

Board member George Zacherl, who voted against appointing Cimbala along with Debra Miller, said at that meeting that candidates in the most recent election should be given a chance to fill Goodlin's term.

Zacherl also said the board should give the public 30 days to submit letters of interest for the seat and that the move violated the Sunshine Act because it did not appear on the agenda.

Although Breth gave his opinion at the Dec. 11, 2019, meeting that Cimbala's appointment did not violate the Sunshine Act and the board voted again on the move with the same results, Danehy subsequently filed suit against the board.

Breth said Wednesday that defending the suit over the course of one year cost the district more than $16,000.

Zacherl did not comment on Breth's report.

Danehy, if present at the virtual meeting, also did not comment.

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