A portion of a contract signed by Portage Public Schools Superintendent Marsha Wells on July 1, 2010.

A story in the Sunday Kalamazoo Gazette reports that Portage Public Schools Superintendent Marsha Wells renewed contracts for 15 administrators last July without board approval, in apparent violation of new board policy enacted in March.

Could Wells get fired for this, especially considering that a majority of board members already want her out?

Obviously, this is a legal issue that goes well beyond my expertise. But in looking at Wells’ contract, it’s clear that dismissal for cause is a pretty tough standard.

This is what the contract says:

The Superintendent shall be subject to discharge for just cause. Dismissal for cause may include but is not limited to, misfeasance or malfeasance of office, the commission of an act that is either a circuit court misdemeanor or felony, or other acts of misconduct which the State of Michigan constitute cause for termination of employment. No discharge shall be effective until written charges have been served upon her and she has an opportunity for a fair hearing before the Board after ten (10) days notice in writing. Said hearing shall be public or private at the option of the Superintendent. At such hearing, she may have legal counsel at her own expense. In the event the Superintendent is discharged for just cause, she shall not be entitled to any continuation of pay or benefits except vested benefits, if any.

Do Wells’ actions really constitute “misfeasance or malfeasance of office”? After all, it’s not like she was secretly approving contracts to redecorate her office or take Caribbean cruises. She was renewing contracts that almost certainly would have been renewed by the board had she followed the policy. While Wells didn’t follow the protocol, should anybody  care outside of the school board?

But here’s another perspective: School boards are there for a reason. They represent the public in public education. If a superintendent resists board oversight, it breaks down the structure of public accountability. So while a policy violation may be primary a matter of principle, it’s a vitally important principle  

Moreover, it’s legitimate to wonder: If a Portage school employee was defying Wells the way she seems to be defying her board, would Wells be OK with that?

All that said, it’s logical that the policy violation strengthens the argument for those who support dismissing the superintendent before her contract expires in June 2012. 

Board President Kevin Hollenbeck has said four options are on the table: Termination with cause, termination without cause, a negotiated buyout of Wells’ contract or allowing her to stay until her contract ends. 

Under termination without cause, Wells’ contract allows the board to dismiss the superintendent at their discretation as long as they pay the rest of her contract. The risk here, I’m told by people outside the district, is the probability of a lawsuit for damaging one’s career and reputation.  If nothing else, a policy violation helps undercut a such a lawsuit.

One other consequence of the latest report about Wells is further erosion of her reputation in the larger education community. That reputation has taken a severe beating this past month. Even before today’s story, the general take among school officials outside Portage was that Wells has been her own worst enemy, and  that a superintendent who openly defies his/her board is just asking to be fired.

What’s  especially surprising to outside school officials  is that Wells has drawn her line on the sand on relatively trivial issues. There’s genuine bewilderment, for instance, at why Wells has been so insistent on keeping board members from seeing administrator contracts. School officials know all too well how easy it is to get into pitched battle with board members. But over this? They don’t get it.

 

Julie Mack is a reporter for the Kalamazoo Gazette. Contact her at or 269-388-8578, or follow her on Twitter.com at Twitter.com/kzjuliemack. She also writes a blog called School Zone at

 


 

 

 

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