Pettit files amended complaint against district


Published/Last Modified on Wednesday, March 30, 2011 11:05 AM MDT


Douglas Dispatch


Former Douglas Unified School District Superintendent Earl Pettit has been out of the district since July but his influence can still be felt.

Pettit recently filed an amended complaint in U.S. District Court in Tucson.

The amendment brings together lawsuits that his attorney had previously filed in state and federal courts.

In February of 2010, Pettit filed a claim for $2.5 million and the Governing Board was officially served legal papers during an April, 2010 meeting

The claim had been filed as a precursor to the lawsuit. By that time, Pettit had been on administrative leave for several weeks.

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.“

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.”

Since this started in earnest in 2010, many things have changed. Board member Ed Rivera resigned and Board President Chuck Hoyack was defeated. Pettit’s contract officially ended in July, and he is now working as superintendent/principal of the Monument School District in Monument, Oregon. The district is a K-12 and has only 57 students. Many districts in Oregon are secluded and similar to Monument.

Comments

    J.T. Borgman wrote on Apr 14, 2011 12:44 PM:

    " I am not familiar with the details of this latest personnel issue in the school district. However personnel issues have been an issue within the district for many years. I tend to think that the school board needs to start acting professionaly and not like small town amatures. The education of the students is the primary goal of the district. "

    To Friend wrote on Apr 10, 2011 12:24 PM:

    " Boy you are in la la land! Bates is gone let him rest in peace. No one ran him off and since it's not respectful to speak of those that died I'll leave it alone, a lot could be said and it's not pretty. Pettit on the other hand is a different issue, he didn't break the law, instead he was misunderstood and didn't know how to work with the Board. He created paranoia among employees like having their emails checked etc., doing things to create division. He didn't make it on the reservation where he truly was run off from. He left DUSD because he didn't like anyone, nor Douglas. Who the "in crowd" seems to me that running a school district is not a desirable job anywhere these days. "

    Hope it ends soon wrote on Apr 9, 2011 11:48 PM:

    " I just hope the board members learned their lesson. Unfortuntately, Mr. Pettit deserves to be compensated. The board was wrong. I hope the dispatch keeps us updated on the dollar amounts and it costs the three board members money. They ruined a career and cost the district a lot in a lot of ways. "

    Friend wrote on Apr 4, 2011 2:38 PM:

    " The district wants to run anyone that does good out. Everyone knows that the only people that are welcome are those that are in the "in crowd". This is not the first time it happens, Mr. Bates was run off the same, for no reason, as per the Board of Education, Daniel Bates was clear to teach/administer in any school he so wanted, and Pettit should be grateful to be out of a district so close minded. "

    T wrote on Mar 31, 2011 11:34 AM:

    " This cockroach needs to scurry off somewhere else. We didn't want him here and still don't want him here. He behaved smuggly towards parents, probably worse towards his staff and by his actions appeared prejudiced against Hispanics. He has no basis of his suit other than his feelings were hurt when people didn't follows his illegal commands. DUSD should be suing him for all the harm he caused! "

    Resident wrote on Mar 31, 2011 9:36 AM:

    " I wish Mr. Pettit all the success in the world. I believe that he was treated unfairly and well deserves compensation. We cannot support such behavior by our elected officials and County employees. I wish him the best. "

    Move On wrote on Mar 30, 2011 10:27 PM:

    " What a terrible chapter for Douglas. The man deserves to be in the hidden mountains of Oregon and does not deserve one cent from Douglas Unified. We have a new Board and Superintendent, let's move on. "

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