By Dave Niinemets
Enquirer contributor

FORT THOMAS - The city's school district faces a new challenge in its efforts to keep a tax increase in place. A lawsuit challenging the legality of procedures for the increase has been filed in Campbell County Circuit Court.

Attorney Peter Coughlan, a Fort Thomas resident with three children attending school in the district, says the district did not follow legal advertisement requirements. He said he filed the suit on his own, separately from residents trying to petition for a public vote on the increase.

"They didn't follow the law," Mr. Coughlan said. "They didn't do it correctly procedural-wise. ...

"They operate under the principle that they're going to do what they want to do," he said. "They run their government like they have no constituents, and that's just wrong."

In September, the school board raised the property tax from $.07 per $100 of assessed value to $.0777 per $100 of assessed value. Because the increase was more than 4 percent, residents could petition for a referendum on the increase.

Superintendent Larry Stinson said the district needs the increase to maintain operations. He said adjustments would have to be made if the money is not available.

"That's what we need to keep things as they are," said Dr. Stinson. "It depends upon who you are as to whether or not any cuts would be negative. I believe they would not be positive."

Dr. Stinson said the lawsuit came as a surprise to him. He said the board has not discussed alternatives if the increase is negated, but he has had informal discussions with the administration about backup plans.

The district is also fighting with the state to make changes in the SEEK funding mechanism. Officials have argued that the district is penalized because of high property values and test scores.

Mr. Coughlan says he sympathizes with the district's plight but believes the board still must follow the law. His suit also questions the use of public funds to fight the state on the funding. He says that should also be brought to a vote.

He said he has tried to negotiate with the board to avoid the lawsuit but has had no success. His solution is for the district to collect only the compensating rate plus 4 percent, then refund anything over that collected so far.

School Board Chairman Brad Fennell doesn't see that happening. He calls the lawsuit a technicality and says the board has operated in a legal manner.

"I personally am not going to be scared off from our tax initiative because of this," Mr. Fennell said.

"We're certainly not going to let a technicality put the skids on this very necessary tax increase. It's so badly needed, we have no choice."

Mr. Fennell said the district cannot provide the level of education and retain teachers without the funds.

Dr. Stinson said he has heard many residents who support the increase. But he is not sure which way a referendum would unfold.

"I guess that's why you go to a formal election, to find out how many of each side there are," he said.

Mr. Coughlan said his suit could allow the district to repeal its tax, go through proper procedures and bring it back. But he believes it would be against state law to do that. He said he will carry out his lawsuit unless the board follows his solution.

"It's sort of a public interest lawsuit, and that's the way I'm treating it."