Cobb school board member John Crooks wants the district (taxpayers) to repay him $41,000 in attorney fees for his defense against a failed recall effort.

But Crooks got nowhere with a majority of the other board members at their meeting last week. The board voted 5-1 to table the matter and get legal advice. First question: $41,000 for what?

Crooks got in trouble a year ago when he violated state law by failing to give advance notice of a vote on the highly controversial cell tower at Eastvalley Elementary. He had the question added to the agenda on the day of a school board meeting, saying "it would have probably caused a circus" if he had put it on the agenda earlier. A court order forced proper notice and a revote, but outraged parents started the recall movement that fell short.

In seeking payment from the school district, Crooks cited Administrative Rule EIB that provides indemnification and legal protection for board members and district administrators, employees, teachers and volunteers. The pertinent part of the rule reads:

"The District will indemnify and hold harmless the aforegoing against all alleged causes of action arising out of the good faith performance of duties while the aforegoing are acting within the scope of their employment and within the scope of their duties."

But the court decision allowing the recall effort to go forward held that Crooks' conduct constituted intent to mislead the public and was "a justifiable ground for recall." Does that square with Rule EIB's condition that the cause of action must arise "out of good faith performance of duties"?

On that point, however, Crooks might have an out. He has said he relied on the legal advice of the district's highly-paid outside counsel, Glenn Brock. According to Crooks, he asked then-chairman Abraham about putting the cell tower on the agenda the day of the board meeting in July 2009. During a break, Crooks said, Brock gave him and Abraham the green light to vote on the question at the meeting, never mind the law.

But wait. It turns out that Brock also advised Crooks not to retain legal counsel to defend against the recall because many such efforts do not succeed, as the MDJ reported.

Previously, Crooks had said all the other board members were in the boat with him. "Everyone who voted to put it back on the agenda is equally responsible," he told the MDJ.

He got agreement from board member David Banks, who voted against tabling the reimbursement question at Thursday's meeting. Banks said he and the other members were indeed culpable. He said they knew what Crooks was doing. "So we really by default let Dr. Crooks continue with his legal fees. We never said, 'No.' We never said, 'Stop.'"

So Banks says all the board members are responsible for Crooks' legal bills. But don't expect them to pony up the tab. Neither should the taxpayers. Let Crooks pay his own bills.

dmckee9613@aol.com