Lehighton school board member David F. Bradley Sr. has filed a civil complaint in the county court to have five fellow school board members removed from office, claiming the action is to “prevent the further irreparable harm and damage these voting members are knowingly inflicting upon the children, parents, taxpayers, teachers, and staff” of the school district.

Bradley also claims “by their defiant neglect to comply with the mandatory provisions of the Pennsylvania School Code which clearly states and affirmatively requires the LASD to act with fidelity, and in compliance of all the sections of the law, as outlined in this petition.”

The five members named are Larry Stern, president; Rita Spinelli, vice president; Nathan Foeller, treasurer and members Wayne Wentz and Stephen Holland.

The action makes four contentions against the five members and why they should be removed and alleges violation of 10 title acts of the state school code.

Eleven taxpayers including Bradley and three of his family members signed the petition.

“This matter has been turned over to the district’s insurance counsel so I can’t comment on what will be the district’s response,” Eric Filer, attorney for the district, said Wednesday.

“Personally, I believe that this case will likely be as meritless as Mr. Bradley’s three previous lawsuits against the district.”

Among other things, he questions the board actions in the selling of the Mahoning and East Penn elementary schools and the method used by the five in the sales.

Also alleged is that the five “neglected their duty to provide timely financial reporting as lawfully required” under the school code. In that area he makes 20 contentions to support the claim.

Another contention made was that Stern “neglected his duty to call a special meeting as defined” in the school code, after receiving a written notice by three board members requesting a special meeting. In this section he makes eight contentions.

He also alleges the board violated school code and “issued school orders to use funds for items to be made payable for a time in the future.” In this area he makes nine contentions.

In the relief sought, Bradley states, “We seek the courts to apply the law, and remove these five directors for repeated, willful, and harmful results that have been the result of their neglect of the PA School Code.”

Other relief sought in contained in a conclusion section.

The final, of four contentions, states, “We seek the courts to remove the directors, who in their official capacity, abused their authority and willfully impeded the community in their exercise and enjoyment of rights and privilege by their neglect to the laws of the Commonwealth.”

The lawsuit was filed several days before the board voted 5-4 for a 2020-21 budget that included a 1.76-mill tax increase generating $580,376; a voluntary pay freeze by administrators saving $59,093, the elimination of the technology director and assistant business manager administrative positions, saving $154,189, the elimination of certain extracurricular programs due to COVID-19 concerns, saving $84,614, and the elimination of nonmandated transportation due to COVID-19 concerns, saving $992,810. The five defendants in the lawsuit voted to pass the budget.

District administrators said they are actively seeking ways to fund transportation for the 2020-21 school year.

An online petition started by Jeremy Glaush, found on the website change.org, had 123 signatures as of Thursday morning asking for the resignation of the five board members.

Jarrad Hedes contributed to this report.