PB board fires superintendent

Payne terminated in 6-0 vote; members cited 26 grievances

— The Pine Bluff School Board voted to fire Superintendent Jerry Payne on Tuesday, repeating previous votes to end his employment after less than a year at the district.

The 6-0 vote followed a six-hour public hearing during which Payne and his attorney, Keith Billingsley, disputed each item in a May 18 letter that details 26 grievances including claims that Payne hired contractors without bids or board approval and failed to abide by board personnel policies.

The letter also said Payne failed to adhere to the Arkansas Freedom of Information Act and received reimbursement from district funds for personal items.

The board also voted 6-0 to hire Suzette Anderson, the district’s director of health and special services, as interim superintendent.

Billingsley said he didn’t think the board’s decision would be defendable in court, saying none of the complaints in the letter were a breach of Payne’s contract.

“There’s never been a superintendent, certainly not one I’ve represented, who’s done everything perfectly,” he said. “But that’s not what the law requires.”

The standing-room-only meeting, attended by more than 100 people, became tense at times as board members took deep sighs and rolled their eyes in response to Payne’s remarks, audience members chimed in, and the two attorneys frequently argued over how to carry out the discussion.

“We’ve got to give Mr. Payne due process,” said Luther Sutter, an attorney representing the board. “It is, in the broadest terms, a right to be heard that is also meaningful.”

Payne worked through the letter line-by-line, attributing many of the board’s grievances to miscommunication and misunderstanding.

Board members and Payne also accused each other of slamming doors, knocking over chairs and slamming on tables during heated executive sessions throughout the year.

Among the letter’s grievances is a claim that Payne hired a technology contractor without board approval or bids.

Payne said he hired the contractor, later paying him $54,000, when he discovered days before school started that the district’s computer network was infected with viruses and unable to connect to a state-run school accounting system. He said he assumed a comment from School Board President Herman Horace that he should “do whatever it takes” to fix the situation amounted to board permission to pay the contractor.

“There was no question in my mind that I was absolutely directed to go forward and handle that problem,” Payne said. “I deemed it as a crisis. It demanded immediate attention to fix that crisis.”

The letter also said Payne sought to make personnel decisions outside of open meetings by mailing ballots to School Board members, including a self-addressed stamped envelope they could use to send their replies.

Payne disputed that he intended to seek board approval through a private vote. He said he sent e-mails related to an employment situation to get their feedback.

Evidence Sutter presented during the hearing included newspaper articles from Payne’s former town in Louisiana related to his performance in other districts.

“Had the board known of these previous negative experiences, the board would not have considered your application,” the letter said.

Billingsley said the information wasn’t relevant and that the board could have learned it before hiring Payne by performing a simple Internet search.

Billingsley also said Payne could not respond to many of the letter’s claims related to district personnel because it did not provide enough specific information about the allegations.

Sutter said the board would discuss the circumstances in greater detail in executive session without attorneys. Billingsley insisted on an open hearing, saying Payne would not speak without an attorney present.

The board first decided to fire Payne in February, using a clause in his contract that allows termination without cause effective June 30 of any year in his three-year contract with 120 days of written notice. But the board, meeting in executive session, never made a public vote, required under state law for the action to be valid.

Past the window when it could provide 120 days of notice, the board voted publicly May 15 to fire Payne immediately with cause. The board approved the termination letter two days later.

Sutter has said previously that all board votes to fire Payne are legal and valid, which Billingsley disputes.

Payne replaced former Superintendent Frank Anthony. The board unanimously approved his contract and $145,000 salary when it hired him.

Arkansas, Pages 11 on 05/30/2012

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