A King County Superior Court judge plans to consider a motion by Kent School Board member Donald Cook to reconsider his decision to dismiss Cook’s civil lawsuit against the Kent School District.

Judge Nicholas Straley issued an order Oct. 16 requiring response and reply to Cook’s motion for reconsideration, according to court documents. Straley will consider written arguments by the district’s attorneys and Cook’s attorneys before making a decision on or after Oct. 30.

Straley dismissed the case Oct. 2 when he ruled Cook’s suit was filed one day late (31 days, instead of 30 days) with the Kent School Board secretary after adoption of the resolution on Feb. 28 by the board.

The conflict, and eventual lawsuit, started in February when the board formed a Labor Policy Committee under Resolution 1669, that excluded Cook, one of its five members, for contract discussions with district unions because his wife teaches in the district. Cook has fought the formation of that committee ever since. The suit is against the district, School Board President Meghin Margel and Superintendent Israel Vela.

Lara Hruska, an attorney with Seattle-based Cedar Law representing Cook, filed Oct. 11 a motion for reconsideration. Hruska claims the case shouldn’t have been dismissed simply because the filing deadline was missed by one day.

“The requirements have been met because of these errors of law and the fact that a substantial injustice will occur by not allowing the case to be decided on the merits.” according to the court filing. “Plaintiff (Cook) should not be foreclosed from challenging the state and federal constitutional deprivations he endured under Resolution 1669, which is contrary to law and overbroad in its restriction on his protected speech and elected duties.”

Hruska also argues that the resolution violated the First Amendment rights of Cook by “unconstitutionally restricting him from engaging in dedicated labor-related discussions and deliberations.”

In addition to the motion for reconsideration, Hruska filed Oct. 16 a plaintiffs’ request for judicial notice after the school board voted Oct. 9 to repeal Resolution 1669. Hruska wants the judge to consider that new information prior to his reconsideration ruling.

“The fact that Resolution 1669 has been repealed by the Kent School Board reflects that the resolution was improper from its inception,” according to the court filing. “Further, Resolution 1669 was in effect roughly eight months from Feb. 28 through Oct. 9, and resulted in Mr. Cook’s illegal and unconstitutional exclusion from his elected duties for that time period. Additionally, this type of overbroad resolution is capable of repetition should the district choose to reinstate Resolution 1669 or a similar action.”

The initial appeal must be filed with King County Superior Court, but if Straley doesn’t change his ruling, the appeal will go to the state Court of Appeals in an effort to keep the civil lawsuit alive.