Pettit seeks $600,000 in damages from DUSD

By Larry Blaskey
The Douglas Dispatch
Published/Last Modified on Thursday, June 18, 2009 5:22 PM MDT


Even though Earl Petit has been Douglas Unified School District Superintendent for only about a year, his tenure has been rich with conflict.


Conflicts between him and Stevenson School, with parents over plans to split the school into K-3 and 4-6, and questions over Stevenson parents waiving the use of the new version ESL program, have dominated school board meetings.

The latter is now the basis of a claim filed against the district which could cost DUSD nearly $750,000.

In a letter from Petit through the law office of Gary L. Lassen, the Superintendent notified the district of a claim and demand “that Pettit work unfettered to fulfill the duties and responsibilities of Superintendent of the Douglas Unified School District through June 30, 2010.”

According to the claim, “Soon after Mr. Pettit assumed responsibility as Superintendent, he became aware of failures to comply with State mandates regarding the delivery of English Language Learning or ELL Program at Stevenson School. As a result of investigations, and monitoring from the Arizona Department of Education, it became evident that the Principal of that school was vigorously ignoring and flagrantly disobeying the requirement of Arizona law.

“Throughout his first year as Superintendent, persons in the community and certain board members, particularly Mr. Charles Hoyack, president of the Governing Board, have interfered and undermined Mr. Pettit’s ability to serve as Superintendent. Governing  Board members have acted in violation of Governing Board policies, Arizona Law, including the Open Meeting Law, and employment contract with the Superintendent.”

Much of the one-and -a--half page claim cites conflicts between Pettit  and Hoyack, specifically, and the board, generally,  in not allowing him to perform his job

“Defamatory statements have been made and facilitated by members of the board casting Mr. Pettit in a ‘false light’ negatively impacting his abilities to perform his duties and allow the District to comply with the requirement of state law. These defamatory statements were encouraged and inflamed by members of the community, particularly Mr. Hoyack, acting outside his regular capacity as Board Member and resulted in defamatory statements being published and posted on blogs or websites of the local media.

“Mr. Pettit’s reputation has been tarnished and he has not violated any law, policy or done anything unprofessional.”

The claim calls for payment, including all fringe benefits under contract, or cash equivalent to Pettit through June 30, 2010 plus the additional sum of $600,000 for damages.

The board has until July 12 to decide on the issue. If the district board does not settle the claim, then Pettit can go through the court system and file a lawsuit.

Hoyack had no comment on the claim since it is pending.

The board is scheduled to discuss the claim at a special meeting on Thursday, June 18.

Background

Most of charges made in the claim stems from a one-month reassignment of Pettit to his home, pending a completion of an investigation concerning the removal of 100 students from the Stevenson School English Language Learners program.

The reassignment came at the end off an hour-long executive session that was part of a three-and-a-half hour March 10 meeting. It included a status report on the ELL program and a question -and-answer period for parents, staff and others. There were more than 100 in attendance at the meeting.

At that time, the concern by some board members was the timing of the change, since budgeting had yet to really start. There were concerns about teacher contracts, the ongoing discussion about attendance zones and how much revenue would be coming from the district after the end of the Legislative session.

“I don’t think we should leave the district without leadership,” Kramer said

“We’re here today because of a lack of leadership,” Hoyack said. “I believe the superintendent was aware of the ELL problem as far back as July 2008. He should have taken action then. He also misrepresented the nature of the investigations. An internal investigation needs to be done. It is important to have Mr. Pettit and Mr. Ortiz off school grounds temporarily until the investigation is complete.

“We need to wash the laundry and get everything cleaned up.”

The meeting was initially called the week prior to update the board on status of a district, Arizona Department of Education and Auditor’s General investigation of the ELL withdrawals.

It turned out the only investigation was the district’s.

Leann Gilbreath, Director of Monitoring for the Office of English Language Acquisition Services for the ADE, said they were in Douglas in February as part of their annual monitoring of schools in Arizona. There was no investigation, according to Gilbreath, and she did not recommend any investigation on Principal Ortiz.

Gilbreath said she became concerned about the school’s ELL for a few reasons, including:

• The fact there were three different list of students enrolled in the ELL at the school.

• Students were not removed or waived from the program on an individual basis, but actually during mass school meetings.

•  About 100 students were waivered out of the program by parents when there had been no waivers the previous two years.

• Waiver forms had been signed by parents whose child had already tested out of the program.

She explained that the withdrawals should have been done on a student-by-student basis. Parents would be given information, including grades, for their child over the previous few years along with a detailed explanation of the program.

Instead there were two or three meetings in which the staff met Stevenson parents, explained the changes  and had waivers for parents ready to sign.

She said that parents have the legal standing to remove their child from the program, but proper procedures were not maintained during the process to get parents the information they needed.

Hoyack also said that repeatedly Pettit had informed the board there was an Auditor General and ADE investigation into the district’s ELL program, when in fact there was no such investigation.

There were also questions about how a letter from the Superintendent and a preliminary report on ADE’s findings made it to Stevenson School, and the way Ortiz left the building.

 

Copyright © 2010 Douglas Dispatch

Comments

    To I agree wrote on Jun 25, 2009 5:00 PM:

    " I have to agree with "Dear I Agree" The special education teacher is responsible for that situation. I know how irresponsible the special education teachers are at Huber and am not surprised that this has been happening. I also know that this and many other and even more serious things have been reported to Mrs. Logan and Mr. Pettit. They not only did nothing but they also pretended like there was nothing that needed to be addressed. I think this is due to the lack of knowledge by Dara Logan, and I believe Mr. Pettit could care less. Then again as the Director of Special Education you would think that they would hire a person that knows the details and inner workings of the job. I understand as with any job there is a learning curve, but right now we are far behind. We as parents don’t suffer our children do! The directors and newer administrators need to be reevaluated to see if they are the best for our kids. I have overheard a handful of conversations where Petit is talking negatively about the district as a hole and also the board. Even before Mr. Pettit was put on leave I have heard from his mouth that he doesn’t care about Douglas anymore. He will do the minimum and be done. He is here and has always been here for the money. We NEED people that want to be here and want to see all students succeed. "

    Dear I agree wrote on Jun 25, 2009 12:22 PM:

    " The child left alone has nothing to do with Mrs. Logan or Mr. Petit. It has to do with the special ed teachers that were at the school. They were not watching him. Perhaps the bus driver could have just hung him on the fence like at the other school. :-) Many of my daughters friends told me that they would see him running around all the time and that security had to take him back to the classroom. It is good that he is at school, but he needs to be watched, I think. I am sure his parents thought he was being watched. "

    T wrote on Jun 25, 2009 12:01 PM:

    " Those who back Petit most likely do not have children in district schools. If they did, they would see the adverse effects that his reign has brought upon the students. I have spoken with Board members outside of meetings and none have them has ever said anything rude or disrespectful regarding Petit. They say it is a matter of opinions and logistics. I have heard Petit speak negatively about several board members and parents. I do not know much about the man. However, I do know that he is not proving himself worthy to be leading my children into the future. "

    To Thought wrote on Jun 24, 2009 10:14 PM:

    " I AGREE! I can’t tell you how much I agree with you! I saw exactly that, and I saw it at all the schools. Not only was it calm the staff for the first time didn’t have to work in fear. I know that may sound exaggerated, but it’s true. While having Pettit in charge not only are the staff intimidated, disrespected, and constantly worried about what is next, they not only have to worry about him, but also his “worker bees” The most ironic thing is that when Dr. Simmons was Interim Superintendent the district was in the middle of contracts, possibly closing schools, and other huge changes; but during this time the staff felt comfortable, and almost protected. Like here comes the big brother to clean up the mess and protect us. I had a parent approach me and he told me that he spoke to Dr. Simmons and has never been treated this year like he or his child mattered. Although he new Simmons was busy, he took the time to speak and answer all his questions. When he heard that Pettit was back, he was upset that everything was going downhill again. We need a new person to unite this district. People that will make employees feel good and comfortable doing their jobs. I cannot believe what a liar Pettit is and how two-faced! We had to learn the hard way, he goes from district to district to sue he could care less about the staff, district, or students! He stays long enough to cause problems and then says they hurt my good name! PETTIT, you never had a good name to start with. I would implore board members and the attorney (for district) to speak with as many staff as possible. One reason staff has been quiet is because everyone thinks there will be retaliation for talking. One good reason to put Pettit on leave while this happens. "

    Parent wrote on Jun 24, 2009 2:40 PM:

    " OMG people.... enough with the Hoyacks! Chuck Hoyack is only 1 of 5 board members. Where are Mr. Ramos, Mrs. Lopez, Mr. River and Mrs. Kramer? Why aren't they speaking up. I have been to many board meeting and it seems that Mr. Hoyack is the only one that asks questions. Why aren't the other board members asking or speaking up. Mrs. Kramer..what do you think about Pettit leadership now? Come on board members, speak up...thats what you were voted in for right? Stand up for our children or step down already. Don't give Pettit any more freedom to do as he pleases and PLEASE don't settle and give him $$. Mr. Pettit...please go harass another school district...I for one am really tired of the drama you have caused. "

    Apache Sunflower wrote on Jun 24, 2009 12:38 PM:

    " Hello!! Parents, Staff & Faculties, Governing Board, You all need to wake up and smell Mr. Pettit's coffee. "

    J wrote on Jun 23, 2009 11:08 PM:

    " It may be some not so smart illegal alien students not taking care for their schools and also teachers and principals.It may not have anything to do with Pettit. "

    Thought wrote on Jun 23, 2009 6:33 PM:

    " Say what you will about the qualifications that Earl Simmons brought to the table. He did bring one important aspect to this district. Calm! After he made the rounds at each school introducing himself he left a common theme at each school. Staff were suddenly energized, excited, and comfortable. Seems to me those qualities in a workplace would create a productive employee. Now intimidation, disrespect, and uncertainty are back creating a different type of workplace and employee. What kind of teacher do you want teaching your kids? "

    I Agree wrote on Jun 23, 2009 6:26 PM:

    " I found it very interesting that Mr. Blaskey picks and chooses which stories to run. Which would be a normal task, but the amusing thing is that the stories Pettit doesn’t want to come out in the paper, doesn’t. The fact that this latest article was very much one sided (Pettit) opened many eyes in this community. I also was shocked that the community was not informed as to the board meeting May 5th, or the Special session that was on the 18th. I have gone to Huber Middle School to pick-up my child. I saw one student who appears to have Down Syndrome outside without a teacher or Aide. This student was trying to hit other students. He was on his own for approximately 7 minutes. My son also saw what was happening and told me that often the same kids are out and about by themselves. My son told me that at one point the student with Down syndrome kept trying to hit other kids. A couple of students got tired of it and pinned him against the wall and then walked away. I cannot believe the way the special education program is being run. What is it with this district hiring other districts trash? Earl Pettit and Dara Logan are perfect for each other, neither know what they are doing and to them it doesn’t matter if it’s illegal they will do it. They both could care less if the schools are out of compliance. Everyone knows that if you google Pettit you find VERY interesting facts. People should look into Dara Logan. There have been other incidents that are appalling. A family friend has a child that is in special ed. They have had to fight tooth and nail for every single accommodation that was made. What about the kids that don’t have parents that will question and fight for their services. The fact that this district is so much out of compliance is scary because Pettit worked and was in charge of special education in the past, and he still doesn’t know; or should I say doesn’t care if things are done properly. Both Pettit and Logan need to not work with kids period. "

    just saying wrote on Jun 23, 2009 2:26 PM:

    " I find it quite interesting that about the only time the online version of the dispatch has been updated was last week with the information on the pettit lawsuit. Mr. Blaskey, why have you not written anything about the special board meeting that was held in May regarding the LACK of services that some special needs children of the district went without this last school year? I will bet Pettit did not call you with that information! Why don't you ask him about it? Sounds like special services department has broken some kind of federal/district policy by not providing services. Shouldn't someone be held accountable for this?

    Wake up people! Special needs children are entitled to receive services; according to professionals who have provided these services to dusd children in the past, these services were not all provided. The person responsible for seeing to that is dara logan who reports to earl pettit. Now we are talking NOT IN COMPLIANCE with FEDERAL MANDATES! That special meeting was also available via internet. dara & pettit had a whole lot of information as to the services that will be provided next school year but why are they NOT BEING HELD ACCOUNTABLE for lack of services for 2008-2009?!

    There is nothing wrong with change as long as all the facts are presented truthfully. Pettit looks down on the people of the district and of the community. Those who side with him do so because he literally pays them to - with stipends.

    Everyone with any doubts should google pettit. Mr. Blaskey, please be fair in what you report. "

    LOL wrote on Jun 23, 2009 12:11 PM:

    " I think pettit was right by wanting at combine both middle schools, but then again change in this town is so not the thing.... As for the board members they are all jokes they never helped people when they really needed it so good for pettit hopefully you'll win.... "

    To Ashamed wrote on Jun 22, 2009 9:53 PM:

    " WOW! and you work for the district… I find it funny that you are willing to state all that, but not willing to put your name. Gee that in itself says it all. We all make mistakes, but you either don’t know what the heck you’re talking about or are one of the people Pettit made promises to. In that case your opinion is biased. I can’t believe that you are so blinded that you aren’t looking at the whole story. Correct me if I am wrong but was Mr. Hoyack on the Whiteriver School Board? The previous board that was going to fire Mr. Pettit, the board that Pettit claimed was mean to him and ruined his “good” name. The school district and community that were signing petitions to get rid of him. If you actually did research and had an open mind you would have been very hesitant to write what you did. Anyone can sue it doesn’t mean that they have the basis/grounds to do so. I also am shocked that you don’t find it suspicious that Pettit did the SAME thing, sued Whiteriver because boo whooo, people made him look bad. Just like a lesson that should be learned in the 2nd grade. We didn’t get you in trouble you got yourself in trouble. Did it occur to you that Pettit did it to himself and dug his own hole? I find it interesting how you seem to have your own agenda/grudge against certain people or schools. I wonder why… Unlike you I don’t speak for anyone but myself, but I bet you would be very surprised by the amount or staff and citizens that have been disturbed by choices and the behavior of Mr. Pettit and his crew. Wake up!! "

    Ashamed wrote on Jun 22, 2009 1:00 AM:

    " To those of you that think you know it all and have all the answers. You’re so smug. Mr. Pettit was not only disrespected, his leadership and ideas were disregarded because they threatened the small town good ole boy network and status quo of Douglas. I'm glad the Dispatch printed the information from Mr. Pettit's claim. I wouldn’t be surprised if what is quoted in the claim is all true. The school board should be ashamed of themselves, and mostly ashamed of Mr. Hoyack. I wonder if during the quietest moments do they think about what they created, the turmoil district wide, that they and they alone have caused DUSD. There is a ripple effect of dissention throughout the District. No one trusts anyone. Where there was once hope for new and positive change, someone who would not micromanage us, someone that would listen and take in all sides before making a decision, unlike our former leader. Perhaps that is why she was not on the hot seat with the board, because she didn’t do anything to rock the boat or take her out of favor with the powers that be. Poor Mr. Pettit didn’t know that he was supposed to be a yes man to Mr. Hoyack. And God help him for looking at ways to restructure. I hope Mr. Pettit and the new people hired will stay but I wouldn't blame them if they didn't. What has happened to them is unforgivable. To “Get rid of him”, you must not be aware that Mr. Ortiz has also filed a claim. Should the board get rid of him too? That would be interesting since he is in the pocket of at least two board members, his PTSO and the president. Does anyone have the courage to get rid of Mr. Hoyack? Is it easier to run Mr. Pettit out of town like you have so many others that did not live up to the good ole boy system, ruin his reputation and look the other way because you are so self righteous? Will that make you feel better? I urge the other three board members. Please do not allow this to happen. You may think that by removing him is what district employees and the community want. It is obvious that it is mostly coming out of one school. The one school with personal agendas and most especially doesn't appreciate not having their way. "

    Lets Move On wrote on Jun 21, 2009 8:16 PM:

    " I can see why Pettit is suing when you have a Board that is so dumb and doesn't follow procedure or knows policy. Nevertheless M. Pettit's reign has been nothing but turmoil although he did manage to not have one person lose their job as other districts did.
    He is a very smart man but no people skills. He is trying to make a point with this suit, which is we have a Board that micro manages to the hilt, but it leaves a sour taste in our mouths. Ray Borane needs to come back until a true search for a superintendent can take place. This time let's make sure the team that looks for the superintendent has the interest of DUSD and are not just out to bill us. "

    Advocate for the truth wrote on Jun 20, 2009 3:15 PM:

    " The truth will emerge! With his claim against the school board, Mr. Pettit has set up a situation for the truth to come out. Contrary to his thinking, the potential lawsuit will work to benefit those whom he has accused. With the publication on the Douglas Dispatch website, the substance of the claim is out there for all to see and refute. His defamatory accusations will be replaced with the truth. "

    Thankful wrote on Jun 20, 2009 11:23 AM:

    " We are thankful to the school district governing board for their dedication and determination to resolve the serious issues at hand. We are confident that they will identify the lies that have been printed on the Douglas Dispatch Breaking News Alert concerning this pending lawsuit. We hope that the public will not be influenced by the slanderous allegations against Mr. Hoyack and Mr. Ortiz. "

    pettit is petit wrote on Jun 20, 2009 2:21 AM:

    " Unfettered that mean unrestrained, hum. Pettit want to do whatever he wants without any oposition or better said without anybody having a say in what happens. He seems to forget that we live in a democracy where peoples oppinions are weighed and a decission is made.

    As far as i know his salary is only $100,000 a year, so what does he want to get half a million dollars cause he had to sit out a month while they investigated any wrong doing on his part. The reason he want to be able to do as he pleases is to be able to rearrange the school system (k-5 and 6-8). If he is sucessful in doing so the school district is forced to keep him on another 6 years I believe, funny I hadn't thought of it till now, maybe thats how he arrived at his HALF A MILLION DOLLAR figure.

    P.S. The school board should keep him on veto EVERY thought he even has and kick his sorry behind out of OUR town, in let's say, oh, how bout a year . "

    fyi wrote on Jun 19, 2009 5:55 PM:

    " The majority of the Board members are very professional although at least one has been rather rude & hostile with other board members at school board meetings.
    Pettit, considering the tremendous amount of problems you have caused the district & community, do you honestly think the board members (specifically Mr. Hoyack since you single him out) are interested in talking about you or writing about you? You probably have written comments yourself....about yourself!
    Your claim says your reputation has been tarnished. That is a joke! You came to Douglas with a tarnished reputation! PLEASE....go away!
    We are tired of Earl Pettit! "

    this is getting old wrote on Jun 19, 2009 5:48 PM:

    " Enough with Pettit already! Please get rid of him. Has Douglas ever seen so many problems caused by someone who is supposed to have the best interest of DUSD children & staff as his priority?

    If anyone has made any defamatory remarks, it has been Earl Pettit. I have witnessed him talk negatively about board members, parents, and DUSD staff to businessmen in town, via email to his staff, and at various community gatherings. He has also publicly lied at forums and to the newspaper. This man is no good! I am surprised no one is suing him; right off the bat I can think of several people that should sue him. Considering his past in Whiteriver, sounds like Pettit is a 'career school district problem'. He should be banned from being employed by any school.

    Do you all know what unfettered means? Pettit wants to be given free reign as Superintendent. He does not want to answer to anyone; he wants to do as he pleases & get paid over $700,000 to do so. Everyone answers to someone: Pettit, you answer to the Board, Board, you answer to the public. How dare Pettit say he is not being allowed to do his job? Everyone wants him to do his job instead of cause problems!

    Board Members, please take control of the situation and get DUSD along with the entire Douglas community, back to what is important: to a positive, beneficial atmosphere that will provide only the best to our children!

    Pettit, do everyone a favor....get out of here! "

    agree with get rid of him wrote on Jun 19, 2009 5:27 PM:

    " Exactly right! How can he continue to work (if you can call it that) for DUSD when he is suing his employers? This man is so full of himself...he has taken attention away from the students of DUSD and focused it all on himself. Seems like he makes a career of causing problems within the districts he is hired by then gets quite a bit of money to leave! Board, this man has managed to stay 5-10 steps ahead of you. PLEASE do not let this continue. To the public: Pettit is only attempting to drum up support. Remember, the Board has voted to do an investigation on him to see if he has broken any district policies (everyone knows he has); the Board has yet to evaluate this man on his job performance. If he is found to have broken policy, can anyone imagine him continuing as a DUSD employee? If his evaluation is not up to par, obviously he cannot continue to be employed by DUSD. So, what does he do? File a lawsuit to cover his ____! He can then say DUSD has determined he should no longer be employed because of the pending lawsuit instead of because of his poor job performance! This man is not dumb - just a scammer! (and also a liar!) "

    Chuck wrote on Jun 19, 2009 3:04 PM:

    " Just don't try to bring back the former superintendents, they were all bad!! From micro-managers to what-nots! Ask Ray Borane to serve as interim. "

    Pettit MUST GO wrote on Jun 19, 2009 12:37 PM:

    " WHITERIVER!!!

    google it

    deja vu all over again "

    Resident former teacher wrote on Jun 19, 2009 11:51 AM:

    " I actually believe the students make these destructions. As former student from Faras and Ray Borane which was a few years ago, I have seen the students aren't into costs of their destruction. "

    To Former Resident wrote on Jun 19, 2009 9:22 AM:

    " Do you know anything about this man? Yes change is good but this is not the man to do it. "Do a job well"? He doesnt do his job well. If you worked around him you would know this. "

    Amused wrote on Jun 18, 2009 9:22 PM:

    " The new season has begun. This reality show is better than any on TV, and we even get to take part in it. Anyone ever wish that they worked in Disneyland just get a job with DUSD. This whole situation is quite a joke! "

    Get rid of him wrote on Jun 18, 2009 8:25 PM:

    " First of all, how can he continue to be the leader of the district when he has a pending lawsuit against the district? Is this not a conflict of interest? I do not know but maybe someone can enlighten me on this.

    Secondly, ever since he was hired this district has been in turmoil. There is no trust from anyone. Lets start over and buy him out.

    And one other point, wasn't he relieved and bought out at Whiteriver? The guy is getting rich on districts, which means taxpayers money.

    Time for him to go. "

    Former Douglas Resident wrote on Jun 18, 2009 6:45 PM:

    " What a shocker! Once again, someone with new ideas or with drive to do a job well is shot down by the "no change" locals. Just look at news archives and you will find them filled with stories of people being run out of town for trying to do things differently or making things better. Guess that's why Douglas will always be "The town too stubborn to reach it's potential". "

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