Chesco Judge Reinstates 5 West Chester Area School Board Members

WEST CHESTER, PA — Chester County Judge William P. Mahon on Friday vacated an order to remove five of nine West Chester school board members because their attorney did not follow proper procedures.

“Removal of school board members cripples the school district,” Mahon said, in a courtroom packed with more than 300 parents, teachers and community members.

Mahon said he removed the school board members on March 29 because their attorney did not file a timely response to a petition from a parent asking to remove board members who supported a mask mandate.

Parent Beth Ann Rosico on Feb. 10 filed a petition calling for the removal of five board members who voted in favor of a school mask mandate.

Mahon said the hearing Friday was unrelated to the merits of the petition filed over the mask mandate.

The board members returning to their elected positions are Sue Tiernan, president; and directors Joyce Chester, Karen Herrmann, Kate Shaw, and Daryle Durnell.

They sat in the front row of the courtroom in an hour-long hearing.

Mahon relocated the hearing to a larger courtroom so there would be room for everyone to listen in person.

Procedure timeline

Kenneth Roos, a Blue Bell lawyer representing the school board, said that he did not purposely violate the schedule for filing a response.

Mahon grilled Roos about why he did not abide by the court deadline required under civil court procedures for petitions.

“It was not our intent to disrespect the court,” Roos said.

Roos said he thought the deadline to file a response was April 5.

The judge, however, said the deadline was March 15 in accordance with an updated schedule for filing a petition.

Roos apologized for not knowing the time frame.

The judge said Rosico, who is representing herself, was aware of the deadline.

“Everyone is entitled to due process of the law,” the judge said.

He said he removed the school board members because the deadline was not met.

Rosico said she is a concerned parent who filed the petition because an injustice has occurred.
The mandate has since been lifted as a result of lower levels of coronavirus outbreak.

But Rosico said the petition will continue because the board set new safety standards which could result in another mask mandate if there are more coronavirus outbreaks.

After the hearing, Rosico said she was pleased the case will proceed.

Community reacts

Board members left the courtroom relieved.

Herrmann, a board member for six years, said the members were very concerned about being taken off the board.

Brian Harris, a retired elementary school teacher in the district, said the lawsuit was really about some community members’ coup to take over the school board.

Cynthia Sherbin, a mother of three children who graduated from the district, expressed concern about the effect the petition will have on the overall community.

She noted that the candidates cross-file in both parties when elected.

However, she said, in recent years the process has become more political.