For Immediate Release
Apr. 9, 2009
for more information contact:
Harry Welty
Taxpayers bringing suit against the Duluth School District and Johnson Controls Inc. for approving the contract to build the record breaking school construction project called the “Red Plan” have moved to add six of seven school board members to the suit making them liable for punitive damages. Their complaint charges that the contract is unlawful because it was authorized without a legally required completive bidding process.
The original complaint filed by plaintiffs on March 9th brought to the School Board’s attention the unlawful nature of the contract for the $293 million Red Plan. Rather than heed that warning six of seven school board members have continued to vote for additional spending on the construction. The latest such vote took place on April 2nd when $10.1 million in bids were approved for the Homecroft and Lowell elementary schools.
Earlier this week Johnson Controls and the District countered that while they did not dispute most of the plaintiff’s evidence no laws requiring competitive bidding were violated. A hearing has been scheduled for May 22 in the Sixth District Court.
The taxpayers have asked that if the Court is not prepared to rule immediately on all aspects of their complaint that the central issue of the contract’s legality be ruled on separately to prevent the imminent unlawful expenditure of tens of millions of taxpayer’s dollars.
