New invoices reveal Central Bucks investigation into LGBTQ+ discrimination topped $1.2M
The legal bills for a controversial Central Bucks School District investigation into allegations of discrimination against LGBTQ+ student have exceeded the initial $1 million estimate, but officials are hoping to reduce those costs.
The Philadelphia law firm Duane Morris LLP, which handled the investigation, billed the district a little more than $1.2 million between Nov. 1, 2022 through March 31, 2023, according to records obtained through a Right to Know request. The costs include related expenses.
Three Duane Morris partners, including former GOP Republican governor candidate William McSwain, accounted for roughly one-third of the 1,900 hours billed through the end of March, according to the records.
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The billing documents also suggest the district may be liable for a violation of the state’s Sunshine Law because they show Duane Morris started working for the district 15 days before the board approved hiring the firm in a 6-3 vote.
The documents obtained, including invoices, do not reflect bills for April and beyond, though the Right to Know request filed on May 9 includes a request for those financial records. It is unclear if Duane Morris continues to conduct work for the district.
The district was not immediately able to confirm if Duane Morris submitted additional invoices after May 9. A Right to Know request for bills after May 9 is pending with the district.
McSwain and colleague Michael Rinaldi, a former federal prosecutor, who headed the investigation, appeared at a two-hour special school board meeting April 20 to present the internal investigation findings.
The firm’s attorneys were also involved in May litigation involving a reported district “gag order” against Central Bucks teacher Andrew Burgess, who is suing the district for alleged workplace retaliation.
District officials have not publicly commented about the final cost of the investigation or how much of it the district would be on the hook for.
More on the CBSD Duane Morris report Does letter refute allegations CBSD board member instigated discrimination investigation?
At a finance committee meeting earlier this year the district attributed a $1 million increase over its 2022-23 budgeted professional services budget to the Duane Morris legal work.
The district said previously that its insurance carrier requested that Duane Morris not submit its bills until it finished its investigation work.
The district now has those bills, but it has not submitted for payment to the insurer because it is actively negotiating with Duane Morris to reduce the costs, CBSD spokeswoman Angela Linch said.
The district generally is responsible for a $50,000 to $75,000 deductible paid directly to the attorney and after the bills flow through the insurer, which then calculates the district’s portion.
The financial records also show that Duane Morris billed for services starting Nov. 1, 2022, the same date of its letter of engagement offering its services to the district. The board did not vote to hire the firm until the Nov. 15 board meeting.
In addition to McSwain and Rinaldi, another Duane Morris partner, Mary P. Hansen, who handles state and federal financial regulatory agency investigations, billed a combined 739.5 hours.
The hourly rates for McSwain, Rinaldi and Hansen were $940, $640 and $740 an hour respectively, according to the invoices.
Duane Morris was hired to investigate allegations contained in an October 2022 discrimination complaint the ACLU of Pennsylvania filed with the U.S. Department of Education’s Office of Civil Rights.
The complaint was filed on behalf of seven students who allege district policies and practices have subjected LGTBQ+ students and their supporters to a “hostile” educational environment.
It is one of six discrimination complaints the federal agency is actively investigating involving the Central Bucks School District. There is no timeline for when those investigations will be completed.
The Republican-majority school board decision to investigate the veracity of the discrimination complaints and its choice of McSwain, a known conservative right political figure to lead it, has resulted in ongoing criticism.
The subsequent 151-page report and presentation from Duane Morris has faced rebuke and criticism from the LGBTQ+ community and supporters. The ACLU called the report a "political defense of the district's discriminatory practices, not an unbiased investigation."
The investigation, which did not interview any LGBTQ+ students or their families, concluded that there is no widespread problem with LGBTQ+ student discrimination and the administration addresses problems promptly and effectively.
The report also accused Burgess, a middle school teacher, who is suing the district for retaliation after he was suspended, a Democrat school board member and Democrat “activists” of conspiring against the Republican-majority school board to derail policies they disagree with and stoking community divisions.
More on CBSD school district Central Bucks removes 'gag order' on teacher who is suing district for retaliation
Cost estimates for CBSD investigation CBSD estimates legal bills for LGBTQ federal complaint costing up to $500K a month.
This article originally appeared on Bucks County Courier Times: Central Bucks School District LGBTQ+ investigation legal bills top $1M
