LITTLE ROCK — Attorneys for a group of Little Rock School District taxpayers have asked a judge to elaborate on his July 30 ruling that dismissed a lawsuit challenging the Little Rock School Board's plan to buy out the two years remaining in Superintendent Roy Brooks' contract.
Pulaski County Circuit Judge Tim Fox granted the defendant school district's motion for summary judgment, saying that school boards are legislatively empowered to use their discretion in determining what is "necessary [for] the conduct of efficient free public schools."
Signaling that an appeal to the Arkansas Supreme Court is being considered, attorney John Gill filed a motion on Monday telling Fox that his ruling did not address the lawsuit's argument that Article 14, Section 3 of the Arkansas Constitution prohibits the use of tax money for anything other than operation and maintenance of thepublic schools.
"On the present state of the record, an appeal of the judgment may not be meaningful since the court never cited Arkansas Constitution, Article 14,Section 3 in the judgment," the motion to Fox said.
"Since there is no fully developed record which is customary in presenting constitutional issues to the Arkansas Supreme Court, defendants can argue that the present status of the record only allows a presentation to the Supreme Court of a procedural question on error in granting summary judgment," Gill wrote.
Gill asked Fox for a "specific finding of fact that payment of severance pay to an employee not to work for the public schools 'is' or 'is not' a violation" of the constitution.
The School Board voted May 24 to exercise a provision in Brooks' contract that enables the board to dismiss the superintendent upon giving him 90 days' notice and payment of all compensation he would receive if he remained on the job.
The taxpayer group, headed by Teresa Gray, a parent who lives in the school district, sued the School Board and district over the buyout that could cost the district as much as $660,000, not counting any legal fees the district may ultimately pay on Brooks' behalf. The taxpayer group is seen as being sympathetic to Brooks although Brooks attempted to intervene in the lawsuit to protect his contractual rights.
Brooks is expected to leave his district post later this month. The School Board is expected to address the amount of payment due to Brooks at a meeting set for 5 p.m. Thursday.
Gill said in his arguments to Fox that one of the provisions of the Arkansas Rules of Civil Procedure permits a court to amend its findings of facts and that the provision is applicable in this case to complete the record.
"Additionally it gives this court the opportunity to reflect on its summary judgment ... in light of the Constitutional question, and use the opportunity to correct its error in granting summary judgment," Gill concluded.
Arkansas, Pages 13 on 08/08/2007