Posted: Wednesday, November 21, 2007 12:00 am
Member wants judgment that district can decide not to renew super's contract
By Jennifer Moody
Albany Democrat-Herald
LEBANON - School Board member Rick Alexander has asked the Linn County Circuit Court for a declaratory judgment on Superintendent Jim Robinson's contract.
Alexander filed the suit Tuesday. He is represented by Lebanon attorney Paul Meadowbrook.
"What I need the court to do is clarify what appears to be a possible conflict between the statute and the contract," Alexander said. He referred further questions to Meadowbrook.
Alexander is asking the court to interpret the contract in light of an Oregon statute, ORS 342.845, that states school boards "may elect not to extend the administrator's contract for any cause the school board in good faith considers sufficient."
According to the complaint, the district's attorney, Paul Dakopolos, has said basing a contract renewal decision on this statute would "violate unspecified contract provisions."
Alexander disagrees and is asking for a ruling saying that the law allows boards to end contracts for any "good faith" reason and without having to first make a job evaluation.
Alexander said he filed the action at his own expense.
Dakopolos said it's his position the statute cited by Alexander specifically excludes superintendents from the definition of "administrator."
Shannon Priem, communications director of the Oregon School Boards Association, said OSBA agrees. She cited definitions under ORS 342.815 that specifically state superintendents are not included in the definition of "administrator" for dismissal purposes.
"It's very clear the superintendent is excluded when it comes to evaluation and nonrenewal," she said. "The intent of that is they're a unique class of employees. If there's any deep-seated questions, they (districts) need to go back to contract and board policies to resolve that."
Meadowbrook disagrees. Further, he said, he does not see any potential contract violation should a decision be made not to renew it.
"A nonrenewal is not a cancellation, it just says, 'Hey, we're not going to give you another one,'" he said.
Meadowbrook said Alexander is concerned that a vote to not renew Robinson's contract would result in a lawsuit against him.
Robinson sued Alexander and fellow board member Josh Wineteer in February 2006, alleging the two interfered with his contract and with district policies. He dropped the suit this past January.
Robinson is out of state for the Thanksgiving holiday and could not be reached.