Douglas Unified School District Superintendent Earl Pettit, has filed a second claim against the district for $2.5 million
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Typically, the claim is turned over to the Trust (District liability insurance company) and they have 60 days to determine whether the claim is valid or not. After 60 days, the complainant may file a lawsuit against the district if no settlement is reached.
The claim was announced mid-week on a Tucson television station, prior to the time that the plaintiff’s had received any notice of the claim.
As of Friday, February 12, neither the district office nor Board president Charles Hoyack had received any written notice from Pettit’s lawyer, Gary Lassen.
Pettit was placed on administrative leave several weeks ago when the Douglas Unified School District voted 3-2. Former School District Superintendent and Department of Education Deputy Ray Borane is now serving as the district’s Chief Administrative Officer.
The 16-page claim calls for the immediate resignation of DUSD Board members Charles Hoyack, Eddie Rivera and Patricia Lopez.
In dollars and cents, the claim asks for damages to Pettit in the sum of $2 million and an additional $550,000 in legal fees.
Most of the accusations made in this latest claim is a result of the investigation, which Pettit and his attorney, Gary Lassen, say vindicate him, and the action to place him on paid administrative leave.
They claim it was done:
√ In violation of the open meeting law
√ Despite a questions of confidentiality surrounding the board
√ Administrative leave is by definition a “disciplinary action.” It requires cause and it requires a resolution with due process being provided.
√ Action was retaliatory.
√ Extended leave is a violation of due process in and of itself. The reliance on a contract provision that allows for reassignment during its term is misplaced.
√ The board has no authority to take action based on a report that was accepted and prior action admitted no reason existed for additional action.
√ The action constitutes interference by Deputy County Attorney Anne Carl and Hoyack’s continuing exercise of authority in excess of that provided him by law or policy.
√ The action was conducted with “evil mind” as perpetrated by Hoyack, Lopez and Rivera in furtherance of an illegal enterprise and with the intent to defame and cast Mr. Pettit in false light, and to intentionally inflict emotional distress upon Mr. Pettit.
Much of the claim looks at the investigative report filed by Patrick Cooper, which they claim found no wrongdoing.
While the report itself found no legal evidence, Cooper did say during his oral report to the board he was concerned about both reading district communication and the “hostile” environment.“
During that December meeting, Hoyack said that while he did not violate district policy, Private Investigator Patrick Cooper indicated several concerns and a “grave concern” concerning reading of district communication.
During the 45-minute report on this investigative findings, Cooper also said that 72 percent of those interviewed felt that there was a hostile environment in the district.
At the board’s next meeting, Hoyack echoed those same concerns when he asked for Pettit to be placed on paid administrative leave.
In the claim, Pettit and Lassen claim “toward the end of the investigation in December 2009, Ms. Carl intercepted the report before the board got a chance to receive it in the absence of any express authority to do so.”
Lassen in the claim states “The board, without cause and contrary to law, has taken action to non-renew Mr. Pettit’s contract after its expiration…District breached Mr. Pettit’s contract by not providing an evaluation as required under the terms of his contract and district policy on or before December 18, 2009. This and other failures at a minimum obligate the district to extend Mr. Pettit’s contract through June 30, 2011.”
The claim is dated February 8, 2010, but since it is unclear when it officially reached the district, it is difficult to determine an exact date when the claim must be answered, but the district would have to have some answer probably by mid-April.
Comments
Moving on wrote on Mar 20, 2010 9:41 PM:
What wrote on Mar 8, 2010 2:22 PM:
TheDowns wrote on Mar 8, 2010 11:48 AM:
P.S. Douglas Dispatch needs to pick up the pace with their website. You might want to look into investing time and effort into it. After all, it is 2010.
AND REMEMBER! RECYCLE! REDUCE! RE-USE! "
Please be fair wrote on Mar 6, 2010 8:03 PM:
t wrote on Mar 5, 2010 11:07 AM:
Get the facts at KGUN wrote on Mar 3, 2010 5:53 PM:
funni wrote on Mar 2, 2010 10:19 AM:
Not kidding wrote on Mar 1, 2010 1:40 PM:
Smoke and Mirrors wrote on Feb 28, 2010 3:40 PM:
To my fellow community members: “Snake oil salesman” pretty much sums up the kind of person Mr. Pettit is. I am not a parent, don’t have kids in the schools, but I am a tax payer and I know both Mr. Hoyack and Mr. Borane very well. It’s really sad how both Mr. Hoyack and Mr. Borane are being treated after doing and giving so much to the community of Douglas, and helping those who needed it when they needed it. I’ve seen Mr. Borane give his best as the Mayor of Douglas and I’ve seen Mr. Hoyack give his best with Cochise College students, me being one of those students. If it wasn’t for Mr. Hoyack, I may not have graduated from the Cochise College in time and when I did, he opened up his office and advised me as I was working on my AA degree program with the Cochise College. So please don’t insult him by saying he does not care about students, does not do anything for students, when I know firsthand that he does care and has helped students time over time. But aside of this, how dare you attack his family when they have given so much to your community when you probably couldn’t even get out of bed to do what he and his family have. Donating hundreds of hours and recruiting many community members, you may have been one of them. Yet you have the audacity to sit there and make the degrading comments and threats you do to both these men and their families. For all I know, you probably received help or know someone how received aid because of the 24 hour annual program Mr. Hoyack and his family have organized here in Douglas. I know for a fact how both Mr. Hoyack and his wife (Alvina) have worked days on end to bring together the 24 hour annual program so that others in Douglas could receive the care and attention they need. I know for a fact how hard they worked for you, as I worked with them side by side from year to year. I hear the same thing echoed by many community members what I am sharing with you, how good a person Mr. Hoyack and Alvina are to the community, yet some community members choose to write the terrible things of which are posted. I’ve seen how Alvina has gone out of her way to help families around Douglas, take a moment from her day to help out a family with her family.
Mr. Borane needs no introduction, he has done what he could in the little time he had as Mayor to try and put Douglas on the map and join surrounding communities so that Douglas with have some voice and try to stand out with the rest or above the rest. This town is our town, it’s all we have and those of you with a negative opinion probably sit there and tell others how terrible Douglas is when you are probably part of the problem, or at least add to it. We don’t know what happened with Mr. Pettit and the Board, and you the community have allowed yourself to only believe what the Tucson news brain washed you with. This is something Mr. Pettit set up so he could have the outcome in his favor and file the lawsuit he has, smoke and mirrors is what he created for you, and you the Douglas community fell for it, and you the Douglas Community are fueling the fire, why? This is our town, shame on you for helping Mr. Pettit, helping him take away what belongs to us and is not his right to take. All I’ve heard from friends of mine who are parents was how bad a Superintendent Mr. Pettit was, how rude he was, and how he treated my friends as if they did not exist.
So, take just a moment and tell the readers just one thing you enjoy about Douglas, instead of 10 things you know nothing about. "
To funny wrote on Feb 27, 2010 2:27 PM:
Its Sad Alright wrote on Feb 26, 2010 8:50 PM:
This is for sad sad sad wrote on Feb 25, 2010 6:52 PM:
PHMS parents are NOT STUPID wrote on Feb 25, 2010 5:39 PM:
funny... wrote on Feb 25, 2010 1:54 PM:
exDouglasResident wrote on Feb 24, 2010 1:17 PM:
Maybe this will bring some light into the shadiness of the DUSD board. "
disgusted wrote on Feb 24, 2010 12:18 PM:
If they had real reason or at least made a real argument for sending him home this could have gone away. They won't even comment on it. It is disgraceful. If nothing else they could have just let his contract run out and sent him packing. This was personal and vindictive not to mention dumb.
Don't elect anymore frustrated bureaucrats to office. They can't handle authority. "
douglas citizen wrote on Feb 23, 2010 10:11 AM:
sad sad sad wrote on Feb 22, 2010 4:52 AM:
Selfish Saddness wrote on Feb 21, 2010 1:07 PM:
Shameful wrote on Feb 20, 2010 11:35 PM:
After watching the Ortiz interview and seeing the report on the website I can't believe Hoyack and Rivera went to the lengths they did to protect him. First Hoyack should have abstained because his wife was in the middle of it and Rivera should have never "demanded" an apology and reinstatement of anyone. They should have applauded Pettit publicly and agreed with the termination. Ortiz was putting the district at risk of State intervention and loss of $$. That isn't my opinion it is the result of the short investigation and opinion of Pettit, the compliance officer, and the state observer. Talk about disregarding facts for personal agendas. Now the district will pay and please don't say the insurance company will and the district won't.
I regret the bond issue. I don't trust this board with one dime. Until Hoyack, Rivera, and Lopez are gone I will not give the district another dime in donations, votes on bonds, and will only hesitantly pay my property tax portion that goes to schools. I will seperate that amount and send it seperately. I also don't want my tax dollar going to pay the salary of Hoyack(college) and Rivera(County). They should work for free(if they keep their jobs) until all the legal fees and settlements are paid. "
miguel wrote on Feb 20, 2010 2:42 PM:
what a shame wrote on Feb 20, 2010 7:35 AM:
Reports being released indicate that Mr. Petit had the school’s best interest at heart, however, if he didn’t, it reflects on the School Board and individuals who hired him. They don’t have a very good track record as they have hired and fired 1 or 2 other superintendents in a very short time clearly showing their lack of expertise in performing their duty. Their track record and the current situation indicates that they failed to serve the residents of Douglas and should be removed from their positions. "
t wrote on Feb 19, 2010 11:25 AM:
Viva the superintendent wrote on Feb 19, 2010 12:41 AM:
Enough Already wrote on Feb 18, 2010 4:24 PM:
If it were me, I would pay the suit and cut my losses. There are quite a few people out here in the netherlands of Douglas, who for more reasons than are able to print, have wanted to recall Hoyak and have not done so due to the cost to the school district in performing recall. Well, maybe we should have recalled Hoyak and saved the district more than the $2.5 million Mr. Petit is asking for. By the time this is all said and done, court costs alone, which are sure to be aborbed by the district could have paid for 1000 children's Bachelor's degree from Harvard...well that may be a slight exageration. "
DOUGLAS RESIDENT wrote on Feb 18, 2010 10:10 AM:
Speedy wrote on Feb 18, 2010 9:10 AM:
This report is a joke wrote on Feb 17, 2010 10:07 PM:
not enough wrote on Feb 17, 2010 9:20 PM: