Liberty board releases investigators findings, issues formal apology to staff; says Zimmerman violated conduct standards but not federal harassment law

The Liberty Elementary School District governing board on Aug. 11 read findings from an outside investigation and issued a formal apology to district staff and community members, saying one board member repeatedly violated district operating standards though the investigator did not find evidence of racially motivated harassment.

The board president, Michael Todd, read two written statements summarizing the probe by investigator James Ledbetter of the Ledbetter law firm. The report said the standard of proof used was preponderance of the evidence and that witnesses and documentary materials were reviewed. The investigator concluded there was insufficient evidence to show the respondents treatment of the complainant was racially motivated and therefore the statutory standard for unlawful workplace harassment under Title VII of the Civil Rights Act of 1964 was not met, the report said. The investigator did find, by clear and convincing evidence, repeated breaches of the districts professionalism and ethics standards.

The board followed the reading with a separate formal letter stating the governing body regretted the impact of the conduct, apologized to those affected and called on board member Kelly Zimmerman to "take full responsibility for action and to issue a public apology to district employees and the Liberty Elementary School District community," language read by President Todd.

Why it matters: The boards public statements are the culmination of an investigation triggered by a complaint received April 24, 2025. The findings and apology respond to staff and community concerns about workplace climate and board conduct, and they outline steps the board says it expects of its members going forward.

What the investigator found and did not find The investigator interviewed 10 witnesses (three board members, eight current or former district employees and two vendors/service providers), interviewed the complainant and the respondent twice each, reviewed emails and hours of recorded board meetings, and applied the preponderance standard.

Ledbetters report, as read aloud, said witnesses described the respondents conduct as "unprofessional and often abusive," and that several witnesses said the respondent "shows a lack of professionalism and respect during governing board meetings." But the report concluded that while the respondents conduct created a toxic environment, there was insufficient evidence linking that conduct to a protected classification (race, gender, etc.). The report therefore did not sustain the allegation of racially motivated workplace harassment.

The report did sustain findings that the respondent violated the districts own governing-board operating procedures and ethical standards (document dated 02/03/2025). The read statement said those violations were demonstrated by repeated unprofessional and hostile behavior captured on video and in interviews.

Board reaction and public comment Board President Michael Todd read an apology on behalf of the governing board and said the board regrets the harm caused. "I just want to, apologize to Mrs. Boris, for the last meeting. It was not okay what occurred, and I should not have allowed it to continue," Todd said during the Estrella Mountain Elementary discussion that followed the reading of the findings.

Public commenters at the meeting reacted strongly; parents, teachers and volunteers who spoke during a lengthy call to the public asked the board to treat staff and principals with respect and many singled out Estrella Mountain Elementary principal Lindsey Boris for support. Several speakers called the investigation and the boards handling of related matters inconsistent; others urged the board to focus on students and district priorities.

Legal and policy context District counsel Clyde Dangerfield told the board before the reading that legal advice limited what could be discussed publicly because parts of the matter arose from executive session. The board cited the Arizona open-meetings statute (ARS 38-431) when reminding the public about rules governing comment and agenda items. The investigators findings were discussed in public session only to the extent counsel advised was permissible.

Next steps and implications The boards letter called on Zimmerman to apologize and to recommit to the governing-board operating standards. The board did not take any enforcement action against the member on the public record at this meeting; it read the findings and issued a formal apology on behalf of the governing board.

Ending: The matter remains a point of community attention. The boards statement and the investigators report set expectations for conduct and ask the respondent to address the concerns; the district did not announce additional formal penalties during the Aug. 11 meeting.