South Butler County School Board directors are upset at the cost of defending what they call a frivolous lawsuit filed by a “disgruntled candidate for the board.”

Tom Breth, district solicitor, announced at Wednesday night's school board meeting that Tim Danehy, who ran unsuccessfully in 2019 for one of five open seats on the board, withdrew a lawsuit accusing the board of violating the Sunshine Act when they appointed Matt Cimbala to a seat vacated by Bob Goodlin in December 2019.

Danehy filed the lawsuit at that time in the Butler County Court of Common Pleas.

“For more than a year, Mr. Danehy has forced the school district to defend his frivolous complaint, various motions and discovery requests,” said a news release from the district. “This unnecessary and self-serving litigation cost the school district's taxpayers over $16,000.”

The release said Danehy decided to withdraw his suit after Breth moved that the judge dismiss the case.

“What a complete waste of taxpayer money,” board President Donna Eakin said in the news release. “Unlike Mr. Danehy's social media, in court, facts and truth matter.”

Regarding the instance in which Cimbala was appointed to the board, Cimbala's own tenure on the board had expired in December 2019 and he did not run for re-election.

He received plaudits at the November 2019 meeting for his service on the board, which included a stint as president.

At the Dec. 4, 2019 meeting, the board voted 7-2 to appoint Cimbala to Goodlin's seat without interviewing any other candidates for the seat.

Board member George Zacherl, who voted against appointing Cimbala along with Debra Miller, strenuously decried the move and accused those voting in favor of violating the Sunshine Act because the move was not on the meeting agenda.

Breth gave his opinion at the next meeting on Dec. 11, 2019, that Cimbala's appointment did not violate the Sunshine Act and the board revoted on Cimbala's appointment with the same results. Zacherl, who stressed he was speaking only for himself and not the school board, said Thursday that Danehy has the right to file suit if he feels the school board has taken an inappropriate action.

He said Cimbala had a statement prepared when he was appointed to the board and no other candidates were given the opportunity to express an interest in Goodlin's seat, which suggests his appointment had been set up beforehand by the other board members.

Zacherl said the board should have waited a month and interviewed other candidates for the seat.

“There is a process that should be followed,” he said. “Avoiding the appearance of impropriety is a simple thing.”

Regarding Danehy's suit, he said it's a shame the $16,000 had to be spent on legal fees, but the situation could have been avoided if the board had followed the accepted method of filling the seat of a board member who has resigned.

“They wanted to run it through,” Zacherl said of Cimbala's appointment.

He added that the judge did not act immediately on Breth's request to dismiss Danehy's case.

“So, it must have had some merit,” Zacherl said.

Danehy did not return calls regarding his suit's withdrawal.