On way out, GOP majority on Central Bucks board OKs voting appeal and trans athlete policy

An estimated $712,000 severance package for Central Bucks School District’s departing superintendent overshadowed a packed agenda at Tuesday night’s board meeting.

The last meeting for the outgoing Republican-majority school board included a vote for a controversial transgender athletics policy, appealing a redistricting map ruling and saw the resignation of the board’s solicitor.

Those agenda items were largely symbolic, however, as a new board will be sworn in Dec. 4 consisting of six Democrats and three returning Republican board members.

CBSD residents cry foul: Outgoing GOP board gives Central Bucks superintendent $700k severance as public cries foul

Here’s a breakdown on the lame-duck meeting votes and what could happen next.

Solicitor’s resignation

After 25 years representing the district, Central Bucks solicitor Jeffrey P. Garton, of Begley, Carlin & Mandio, LLP, announced his resignation to the crowd of about 300 people in the Central Bucks High School West auditorium.

“Last week I spoke to board President (Hunter) and advised them that I am no longer going to serve as district solicitor,” Garton said. “I will, however, remain as solicitor until such time as the new board selects my replacement and I will provide my assistance during the transition period.”

Garton initially said he spoke to “board president Mrs. Smith,” referring to board member Karen Smith, but clarified in an email Wednesday he spoke to both Smith and Hunter before the meeting.

Garton did not specifically give a reason for his resignation this week, apart from saying his decision was “irrespective of who was successful in last week’s election.”

The Nov. 7 election saw Democrats sweep all five school board seats on the ballot, including Smith’s successful re-election bid. The new board will be sworn in at reorganization Dec. 4.

Reorganization meetings are typically held to swear in new members during municipal election years, but they also can include a change in outside professional staff like the board’s attorney.

While it is possible that the new board could have chosen a different legal council next month, Garton’s resignation is notable for a few reasons.

It’s common for incoming and incumbent municipal officials to individually interview current or potential professionals before reorganization. Usually, if a change in staffing happens it's revealed as the new board votes and not by way of a resignation weeks prior.

Garton also revealed that he had not received a copy of the $712,000 severance package for now-former Superintendent Abram Lucabaugh until Tuesday morning.

More: Religious liberty law firm giving policy advice to Central Bucks. Why no contract exists

Board member Tabitha Dell’Angelo, who did not seek re-election this year, was excoriating the proposed agreement when she asked Garton if he knew if the severance violated a state law capping payouts of more than a year’s worth of salary and benefits.

“I’m familiar with the statutory section, but I did not receive this agreement until this morning,” Garton responded.

When outgoing Vice President Leigh Vlasblom pressed Garton as to who “put this agreement together,” Garton just said “it was other counsel.”

Central Bucks transgender athletics policy and redistricting map

In two separate 6-3 votes, the board passed a “Sex-based Distinctions in Athletics” policy and approved a motion to appeal the recent court ruling to redistrict Central Bucks into three voting regions beginning in 2025.

Board President Dana Hunter, Vice President Leigh Vlasblom and members Debra Cannon, Sharon Collopy, James Pepper and Lisa Sciscio voted in favor on both items. Members Dr. Mariam Mahmud, Dell’Angelo and Smith voted against.

The athletics policy was lauded by majority members and their supporters as a necessary step to protect fairness for girl athletes but decried as exclusionary and harmful to LGBTQ students.

The policy, first floated by the Independence Law Center in emails to Hunter and Lucabaugh last November, effectively prevents trans athletes from playing on gendered teams that match their gender identity.

PA schools with inclusive policies: These Pennsylvania school districts have enacted transgender student protection policies

While the vote carrying the policy was met with some applause from Tuesday’s crowd, the athletics policy will almost certainly be kicked back to committee on or after the reorganization meeting.

“I’m very concerned that it's discriminatory and it’s not inclusive to all of our students. Students should be able to participate fully and that means each and every one of our students,” Mahmud said before the vote.

“I will just echo Dr. Mahmud’s statement there and I will also be voting no. And I look forward to revising this policy soon,” Smith added.

Near the end of the meeting, as part of a group of “new business” agenda items that included Lucabaugh’s severance, Smith said the future of an appeal for the new redistricting map was “a waste of time.”

“I’m just going to add that … we’re also voting on the court’s redistricting decision. Obviously, I’m going to vote against that and that would be something that the new board could take up,” Smith said.

Almost exactly a year ago the current board voted to petition the Bucks County Court of Common Pleas to approve a newly drawn voting region map.

Thousands of residents objected to the “rushed” plan which could have prevented some voters from participating in this year’s election.

After a lengthy court process that saw all of Bucks County’s jurists recusing themselves, Montgomery County Judge Cheryl Austin ruled on Nov. 3 in favor of the map drawn by the resident-led petitioners.

Parties in any lawsuit generally have 30 days to appeal a ruling.

It is unclear at this point if the appeal will be filed, given Garton’s resignation, but the new board could also vote to withdraw the appeal if it makes it to the court.

Although the new map will cut Central Bucks from nine regions down to three, the nine members will be evenly divided into the three new regions.

Cannon, Mahmud, Pepper and Sciscio will see their terms end in 2025, when the new map takes effect.

The Dec. 4 reorganization is scheduled to begin at 7 p.m. at 16 Welden Drive in Doylestown, where Heather Reynolds, Dana Foley, Rick Haring and Susan Gibson will be sworn in with returning members Smith, Pepper, Sciscio and Cannon.

This article originally appeared on Bucks County Courier Times: Central Bucks approves transgender athletics policy, voting map appeal