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March 27th, 2024 Writ of Mandamus Evidentiary Hearing Recordings

Introduction & Background Information

In May and July of 2023, Petitioners Joe Girdner, Robbe Lehmann, Dean Miller, and Marty Swisher submitted two NRS 239 public records requests to the Douglas County School District and four of its school board trustees, David Burns, Katherine Dickerson, Doug Englekirk, and Susan Jansen (Respondents). These NRS 239 public records requests sought communications to, from, and between the aforementioned trustees regarding various issues, including personal emails and text messages. The Respondents failed to respond to Petitioners’ NRS 239 public records request within the timeframe set forth by NRS 239. As a result, the Petitioners filed a petition for a Writ of Mandamus that, if granted, would compel the Respondents to provide all of the information and documents requested in their May and July 2023 NRS 239 public records requests.

This matter was initially scheduled for an evidentiary hearing on August 25th, 2023; however, due to Respondents’ peremptory challenge (moving the matter from one judge to another) and other procedural issues, the evidentiary hearing was delayed seven months. During this time, the Respondents could have worked with the court and Petitioners to provide the requested information and documents but chose not to do so. Instead, the Respondents continued to falsely claim they had complied with the NRS 239’s disclosure requirements. 

On March 27, 2024, the evidentiary hearing on Petitioners’ Petition for Writ of Mandamus commenced, as scheduled. Following the in-court questioning and sworn testimonies provided by former Superintendent Keith Lewis and Trustee Susan Jansen, the Respondents asked to settle the case and offered Petitioners everything that was sought in the Petition and more. The Petitioners agreed to the terms offered by the Respondents, and the settlement agreement was placed on the record in front of Judge Gregory. Unfortunately, this settlement was rejected by the DCSD School Board at its April 9, 2024, Meeting. As such, the matter will most likely return to court, where the hearing will continue, and the Petitioners and Respondents will await a decision by Judge Gregory.

Below are the recordings of the two witnesses who provided sworn testimony in the March 27th hearing:  Mr. Keith Lewis, former Superintendent of DCSD, and Mrs. Susan Jansen, DCSD Trustee and president of the board, during the time of the public records requests. We Deserve a Better Board is not associated with the lawsuit; however, we do believe that members of the Carson Valley/ Douglas County, NV community should have the details of this dispute in order to understand the serious nature of the issues as well as to promote clear communication and transparency. 

Keith Lewis's Testimony 

Susan Jansen's Testimony 

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