Fired coach sues school district

Bolding wants NLR job back, compensation for damages

The attorney for former North Little Rock High School football Coach Brad Bolding filed a lawsuit Friday against the North Little Rock School District to contest the firing of the coach earlier this month.

David Couch, who represents Bolding, filed suit in Pulaski County Circuit Court.

Bolding, 45, was officially terminated by the North Little Rock School District on April 10 in a special School Board meeting. He was accused of violating inventory and purchasing procedures involving more than $230,000. The school district made the allegations in its firing notices, which also alleged recruiting violations.

The appeal meeting earlier this month lasted more than 9 1/2 hours at the district's administrative office at 2700 N. Poplar St. in front of the seven-member School Board. Couch said after the meeting that he and Bolding had planned to file a lawsuit and had 75 days to do so.

In the lawsuit, Bolding requests reinstatement of his position at North Little Rock and monetary compensation for damages incurred by what Couch calls "a result of North Little Rock School District's illegal and wrongful conduct."

"As a proximate cause of NLRSD wrongful termination of the contract, its intentional and or negligent acts designed solely to tarnish Bolding's reputation, Bolding has been damaged," Couch stated in the lawsuit, which was obtained by the Arkansas Democrat-Gazette on Friday.

Bolding received the first termination notice Jan. 30 and was to have an appeal hearing Feb. 26, which was canceled after the district submitted another termination notice Feb. 25. Bolding didn't receive the second notice until Feb. 26.

North Little Rock School District Superintendent Kelly Rodgers said the district sent the second firing letter so it could introduce new evidence at Bolding's appeal hearing and still abide by the requirements of the Arkansas Teacher Fair Dismissal Act, which allows school districts to present only evidence of allegations outlined in a teacher's fair dismissal notice.

In the second notice, the school district said more than $140,000 of the purchases had been made after district officials reprimanded Bolding in August 2013 for not following purchasing procedures.

Bolding has denied wrongdoing. Couch said the district didn't follow the Arkansas Teacher Fair Dismissal Act.

"That procedural problem should result in him being reinstated," Couch told the Democrat-Gazette. "But if we get an actual hearing on the merits, the judge, acting as fair and impartial as an arbitrator of the facts, will find Coach Bolding didn't do anything wrong."

Couch expects to issue a summons to the school district Monday or Tuesday. The school district will have 30 days to file an answer.

One of the main points of contention for Couch in the lawsuit was the school district's decision to cancel the first appeal hearing in February and reissue a new termination letter.

"The allegations contained in the February 26, 2015, termination letter are the same allegations contained in the January 30, 2015, termination letter," Couch stated. "All facts and evidence used to support the February 26, 2015, termination letter were known to NLRSD prior to January 30, 2015. Therefore the action of the NLRSD in withdrawing the January 30, 2015, letter and reissuing a new letter on February 26, 2015, was nothing but a ruse to avoid the requirement that the hearing shall take place as agreed.

"The court should order that the February 26, 2015, termination notice is null and void and order the immediate reinstatement of Bolding as head football coach for the NLRSD."

Couch included an evaluation of Bolding by North Little Rock Athletic Director Gary Davis for the 2013-14 academic year. The evaluation indicated Bolding's performance was satisfactory in every area considered. The inventory and purchasing procedures that Bolding was alleged to have violated occurred before the June 3, 2014, evaluation, Couch said.

"He [Davis] did not bring any problem to Bolding's attention," Couch said of Davis. "He did not document any efforts undertaken to assist Bolding in any potential problem that could result in Bolding's termination."

Davis was hired as athletic director in July 2013 after serving as an assistant coach on Bolding's staff.

Couch called the school district's personnel policies deficient and inadequate.

"Due to the deficiencies of the NLRSD personnel policies no reasonable teacher could expect to be in substantial compliance with them," Couch stated.

The school district's termination letters to Bolding were criticized by Couch in the lawsuit. Couch said the letters were intentionally written in such a manner "to attempt to intimidate, harass, embarrass and tarnish Bolding's reputation."

Also, Couch said the school district did not conduct a fair and thorough investigation of a recruiting violation involving K.J. Hill, who transferred to the North Little Rock district from Bryant in March 2013. The violation led to the school district forfeiting 10 football victories and 24 basketball victories, including the 2014 Class 7A boys basketball state championship, during the 2013-14 academic year. The forfeitures took place Feb. 5.

Rodgers testified in the appeal hearing April 9 the Arkansas Activities Association told him the school district had no option and was told to forfeit the games. Couch said that statement was false.

"NLRSD reported the potential violation to the AAA and subsequently forfeited the games in an effort to tarnish Bolding's reputation in the community and bolster its attempt to terminate Bolding," according to the lawsuit.

North Little Rock has been accepting applications for its football coaching position. The final day to apply for the position was Friday.

"They're doing what they're entitled to do at this point in time," Couch said.

Bolding was 64-30 in eight seasons as North Little Rock's coach, leading the Charging Wildcats to a Class 7A/6A-East Conference title last year.

Metro on 04/25/2015

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