PLEASE NOTE THAT THIS BLOG POST HAS BEEN UPDATED TO REFLECT NEW INFORMATION ABOUT A PLANNED CLOSED SESSION NEXT WEEK:
The Mt. Diablo school board on March 25 approved amended contract extensions through June, 2014 for Superintendent Steven Lawrence, General Counsel Greg Rolen and three other top administrators. But, there is public speculation that a Wednesday closed session meeting to consider discipline, dismissal or release for two unnamed contract employees may be related to Lawrence and Rolen.
This is because the contract extensions approved two days earlier in split 3-2 votes were considered by a majority of the board to be legally required, since they reaffirmed extensions that had been approved by the previous board in April.
Those extensions, however, do not prevent the board from dismissing or releasing Lawrence and Rolen before their contracts expire with or without cause.
If they were terminated for cause, all compensation and benefits would cease on the termination date. If their contracts were terminated without cause, both would receive payments equal to one-half the value of their remaining compensation, not to exceed nine months.
The general counsel’s contract does not provide any option to appeal or respond, if the board decides to terminate him. But the superintendent’s contract says that the board shall not terminate the employment agreement for cause until it has notified him in writing of its intention to do so, including its reasons.
If this occurs, the superintendent would have five business days after receiving the written notice to request a conference with the board. If such a conference were requested, the superintendent would be given reasonable opportunity to respond to the written concerns, with a representative of his choice.
“The conference with the board shall be the superintendent’s exclusive right to any hearing otherwise required by law,” according to his contract.
After Wednesday’s closed session, Board President Cheryl Hansen announced that trustees took action on two contracted employees, but she declined to name the employees, state that nature of the action or reveal how individual trustees voted. Attorney Deb Cooksey said the actions taken were incomplete and “in process.”
Hansen told me after the announcement that trustees would hold another closed session Tuesday and may have more to report after that. But Vice President Barbara Oaks told me this afternoon that the April 2 meeting has been canceled and trustees may set a new date April 3.
A reader who wondered why the board wasn’t required to report out more about the Wednesday vote sent me the following information, which he found online related to the Brown Act:
“Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewable of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.”
So, it’s possible the board may be waiting for additional administrative remedies to be exhausted before it reports out its actions.
The public will be able to comment before trustees go behind closed doors at their newly scheduled closed session. The agenda will be posted at http://esbpublic.mdusd.k12.ca.us.
At Wednesday’s meeting, a union rep urged the board to take its time considering contracts for the district’s top administrators and two residents spoke in support of the superintendent.
Northgate High parent Kent Caldwell threatened to withdraw support for the United Mt. Diablo Athletic Foundation if the board fires the superintendent. Caldwell said he and other Northgate parents might also consider “other options” for the high-performing Walnut Creek campus if Lawrence is let go, in an apparent reference to a possible charter conversion.
Do you think the Mt. Diablo school board should seek new administrative leaders?