Following is the complete text of the claim letter sent to the Douglas Unified School District Governing Board from Superintendent Earl Pettit.

Dear Governing Board Members:

This letter constitutes a notice of claim and demand sent on behalf of Earl Pettit. Superintendent of the Douglas Unified School District. This notice of claim is submitted pursuant to A.R.S. 12-821.01. It is intended to fully comply with the provisions of that statute. This includes an amount that is a sum certain for which this claim may be settled in its entirety. This claim also references a claim against individuals in their individual capacity, and such claims are not intended to in any “ay preclude the ability of the Douglas Unified School District, its insurer, or persons named in their official capacity from settling any and all claims arising from the facts that give rise to this claim.

In the event there is any question or uncertainty regarding he amount for which this case and claim may be settled in their entirety, the facts upon which this claim is based, it is espressly herein requested that those in receipt of or responsible for responding to the notice of claim contact the undersigned attornev within sixty (60) days. Otherwise the sufficiency of all matters pertaining to the claim will be considered waived,, and any uncertainty or insufficiency is waived.

Mr. Earl Pettit has served as the Superintendent for Douglas Unified School District No. 27 since July 1,, 2008, and is under a contract that through July 30, 2010. Demand is hereby made that the District Governing Board Members fulfillany and all terms of that contract including allowing Mr. Pettit to work unfettered to fulrfill the duties and responsibilities of Superintendent of the Douglas Unified School District through June 30, 2010.

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 FLL 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 requirements of Arizona law. Throughout his first year as Superintendent persons in the community and certain Board members, particularly Mr. Charles Hoyack. President of lie Governing Board, have interfered with and undermined Mr. Pcttit ‘s ability to serve Superintendent Governing Board members have acted in violation of Governing Board policies. Arizona Law, including the Arizona Open Meeting Law. A. R. S. 38-431.01  and the employment contract with the Superintendent.

On or about March 10, 2009. Mr. Pettit was placed on Leave pending a supposed investigation into his role regarding the non-compliance with State law at Stevenson School. Mr. Pettit was reinstated on April 10 as Superintendent, but the interference with his ability to perform his duties continues, 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 requirements of state law. These defamatory statements were encouraged and inflamed by members of the community, particularly Mr. Hoyack, acting outside of his regular capacity as a Board Member, and such has 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. To the contrary, Mr. Pettit has been penalized for adhering to the law, professional conduct, and at all times acting on behalf of the best interest of children. The damage to Mr. Pcttit’s reputation has been horrific, it has caused great emotional harm, and demand is hereby made for the balance of his contract including, hut not limited to. all sums payable in full under the contract, and all fringe benefits under contract or the cash equivalent thereof payable to Mr. Pettit through June 30, 2010, and the additional sum of $600,000 for damages caused by Defendants conduct, including damage to Plaintiff’s reputation, emotional distress damages, and attorney’s fees. This will resolve any and all claims arising from the horrific, unwarranted and unprofessional conduct that Mr. Pettit has suffered due to the negligence, intentional misconduct of Board Members acting in their official capacity.

Governing Hoard Members continue to flagrantly condone and facilitate non.compliance with Arizona law, including the Arizona Open Meeting Law. ARS 38-431.01, and have failed to assure compliance with District obligations to comply with directives of the Arizona Department of Education and continue to foster uneven and unequal education. Upon information and belief, a majority of the Governing Board members have failed to follow and/or abide by Arizona law and have ignored and failed to follow legal advice and directives from the Arizona Department of Education and thus may be personally liable for the consequences of such fail tires.

This claim may be settled within sixty (60) days by payment of all sums due under the contract including fringe benefits, plus the sum of $600,000. This sum includes a claim for all other damages associated with and caused by the actions of the District and the Governing Board. If  there are any questions or uncertainties regarding the sufficiency or certainty of this claim, it is expected that such will be directed to the author of this Notice of Claim within sixty 60 days of its  receipt Otherwise all claims will be deemed valid.

Respectfully submitted,

Law Office of Gary L.Lassen, PLC

Gary L. Lassen