LR5 former superintendent countersues district, alleges First Amendment violations
Former Lexington-Richland 5 superintendent Stephen Hefner has countersued the district, claiming it violated his First Amendment rights by suing him.
Hefner, who was the district superintendent from 2011 to 2018, denied any wrongdoing against the district in an answer and counterclaim to the district’s November lawsuit.
Additionally, Hefner is seeking damages from the district for allegedly filing “a frivolous lawsuit” and using legal action to “force an apology” from him. The retort was filed in court Monday by Hefner’s attorney, Thomas McGee.
The school district in November filed a lawsuit against Hefner, alleging he sent a “wrongful, malicious and politically motivated” complaint to the school district’s accrediting agency.
Hefner does not deny writing the complaint but says it caused the district no harm, according to the official answer. In addition to dismissing the claims made against him by the school district’s initial suit, the retort says that the suit “was politically motivated and was filed merely to extract an ‘apology’ from Dr. Hefner.,” adding that the district is using public dollars to “force an apology.”
In August, Hefner — as well as former superintendents Herbert Berg and Wendell Clamp and former school board chairmen Danny Brabham and Carl Hust — filed a complaint with the district’s accrediting agency over how the district hired an interim superintendent.
The district hired an interim superintendent in June, naming Akil Ross to the role. But Ross was not hired as a district employee. Rather, the district contracted with Ross’s firm, HeartEd LLC, to provide “superintendent services.”
The accrediting agency, Cognia, has since said it does not plan to take action on the complaint.
The district’s suit claims Hefner organized the other four signatories, and that while its accreditation status has not been affected, its goodwill in the community has been.
“This loss of goodwill in the community could result in the District losing state funding if students withdraw from the District and attend school elsewhere,” according to the Lexington-Richland 5 suit.
The district’s suit asks for a jury trial and damages. In mid-December, the board recommitted to the legal action, voting 4-3 not to dismiss the claim.
Hefner’s retort asks that the district’s claim be dismissed, and that he be awarded damages instead.
Hefner’s claim against the district argues its “actions would cause a reasonable person to cease to engage in a constitutionally protected activity. The conduct alleged herein has and will continue to have a chilling effect on private citizens’ ability to express disagreement with (the district) for fear of retaliatory action.”
Hefner is asking for a trial to determine the amount of damages.
This story was originally published January 10, 2022 at 5:23 PM.
