The Pine Bluff School Board voted to ratify its Feb. 28 decision made in executive session to dismiss district superintendent Jerry O. Payne without cause in a four and a half hour meeting Tuesday night.
“We have returned from executive session where we discussed the superintendent’s contract,” board president Herman Horace said after the second executive session of the night. “As board president I ask for a motion to ratify the Feb. 28 decision to not renew the superintendent’s contract.”
Board vice president Donna Barnes made the motion.
“I move that we ratify the Feb. 28 decision to send a letter from the board president to the superintendent giving him 120 days’ notice that the board was terminating his contract without cause as called for in his contract,” Barnes said.
At this point Luther Sutter, the Benton attorney hired by the board to represent it in its contract dispute with Payne and to represent the district in general, publicly advised the board.
Independent reporting for Pine Bluff & Jefferson County since 1879.
“It appears that the board met and did not conduct a public vote on the decision to terminate the superintendent’s contract,” Sutter said. “Even though the time period has passed I advise you to vote on that letter.”
The board then unanimously approved the motion made by Barnes.
Horace then moved a step further.
“As board president I ask for a motion to immediately terminate the superintendent’s contract with cause,” Horace said.
Sutter returned to the podium to advise the board.
“You have to give the superintendent notice of what the board deems for cause,” Sutter said. “I see that the superintendent is represented by counsel tonight. My advice to the board is to give the superintendent the opportunity to go back into executive session to discuss this. Most of the time I am suing school boards, not representing them so I can see what is coming down the line. The superintendent is entitled to notice that the board believes it has cause to terminate the contract. It is beyond the board’s power to require the superintendent to go into executive session. Once the superintendent has notice he could elect for a public or private hearing. I don’t recommend that the board kick the superintendent out of his office tomorrow. The board should vote if there is cause and then invite the superintendent to go back into executive session.”
Board member Chandra Griffin made a motion.
“I make a motion that the board has good cause to terminate Mr. Payne,” Griffin said.
The board approved the motion.
Keith Billingsley, the Little Rock attorney representing Payne, spoke on behalf of his client.
“So now that this has been ratified the superintendent is supposed to go into executive session to defend himself?” Billingsley asked. “Typically this is done in writing. There have been serious violations of federal and Arkansas law. I would advise my client not to take you up on your offer.”
Sutter spoke again.
“The board has no choice because the superintendent has elected not to go into executive session,” Sutter said. “The board must give notice of termination cause. Now we need to draft a letter outlining the reason for cause. It will be subject to FOIA. The superintendent is bringing the issue into the public limelight himself. If the board is prepared to state the factual basis for cause I respectfully request you don’t out of respect for the superintendent and his attorney. I was hopeful the superintendent would take the opportunity to go into executive session. That has not occurred. Based on Mr. Billingsley’s statements it looks like we are headed into litigation. The letter must be voted on by the board.”
The board returned to executive session and after 15 minutes returned with a vote.
“The board is asking the board attorney to send a letter to Payne’s attorney as a draft letter of termination with good cause,” Horace said.
The board passed a motion to request the letter.
“I will draft a letter and send the draft to each board member that will not be official until you have had a chance to review it,” Sutter said. “One the board has the letter in front of them they can vote to suspend the superintendent or the more conservative approach is to give the superintendent the opportunity to be heard.”