A Lehighton Area School District director filed a petition for an injunction in Carbon County Court before Monday’s board meeting, effectively seeking to postpone the district’s payment of bills.

In his injunction, David Bradley alleges the district was in noncompliance with Section of 609 of the Pennsylvania School Code dealing with finances.

“The board has done so for months evidenced by their need for fund transfers and has issued on the agenda for the board meeting that includes further payments of funds to vendors, which will cause the sums appropriated to specific purposes in the budget to be exceeded.”

In essence, Bradley argued Monday night the district was spending money before it was transferred from one area to another within the budget.

Lehighton solicitor Eric Filer said Bradley’s interpretation was incorrect and that, “as long as we are using money in budget and voting to use it for another purpose, we are following the school code.”

Filer cited Section 687 (d) which reads, “the board of school directors shall have power to authorize the transfer of any unencumbered balance, or any portion thereof, from one class of expenditure or item, to another, but such action shall be taken only during the last nine months of the fiscal year.”

Lehighton had $3.34 million in bill payments up for vote Monday night. Bradley made a motion to postpone the payment, but it failed 5-4. Directors Joy Beers, Gail Maholick and Richard Beltz joined Bradley, while Rita Spinelli, Nathan Foeller, Wayne Wentz, Larry Stern and Stephen Holland voted in opposition.

A motion to pay the bills then passed 5-4 along the same voting lines.

“If a judge decides in Mr. Bradley’s favor, there are a lot of months that would be involved and this would just be another one,” Spinelli said in explaining her vote. “I see no reason to hold back paying bills until something is decided.”

Lehighton Superintendent Jonathan Cleaver and Filer said they had not seen the injunction as of Monday night’s meeting.