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District Counsel Says Apologies Are Voluntary, Warns Against Forced Removal Without Due Process
Summary
Kara Parker, the board's legal counsel, told the Union SD 5 board that apologies and voluntary remedies are the district’s safest options, and cautioned that forcibly removing or detaining a parent could create legal exposure.
Kara Parker, the district’s board legal counsel participating by phone, told the board that requests for apologies are permissible but not enforceable: "I'm not able to answer any questions from any audience members... I'm just listening in. And, if any board member has a question for me, please chime in and let me know," she said while clarifying her role. Later she advised the board that seeking apologies is voluntary and that enforcement actions such as trespass or physical removal carry legal risk.
On the record she cautioned board members about legal exposure: "If there's income on the line, then they potentially have a property right... the government can't deprive them of their property right without due process." Counsel recommended voluntary remedies, careful documentation of verbal warnings, and that the district avoid actions that could lead to allegations of false imprisonment or related claims.
Counsel's advice framed later board discussion about what the district could require and what it could only request, and the board used that guidance when considering whether to ask for apologies, issue warning letters, or pursue exclusion from events as a consequence for future violations.
