LITTLE ROCK — A list of potential witnesses and brief descriptions of their testimony obtained through the state's Freedom of Information Act provides some details of the Little Rock School Board's case for the firing of Superintendent Roy Brooks.
The termination hearing for Brooks, originally scheduled for last Wednesday, never took place. The School Board instead voted May 24 to exercise its option to buy out the remaining two years of his contract at an estimated cost of as much as $656,357, counting a $30,000 five-year service bonus but not counting any legal fees the district may pay for Brooks.
Had the hearing proceeded, Sandy Becker, an internal auditor who reports directly to the School Board and is a part-time minister, was destined to be the star witness.
Not only was Becker expected to testify about claims of overspending and repayment of $200,000 in federal funds, unauthorized pay increases to certain employees and contractual arrangements for a data warehouse, but he also was expected to support allegations that Brooks failed to respond to requests for reports from School Board President Katherine Mitchell and that Brooks encouraged the district's chief financial officer to "strike" Mitchell. Brooks has denied the allegations.
Becker, who did not return messages left at his office or home Thursday, was among about a dozen current and former district employees listed as witnesses in a May 21 letter sent by School Board attorney Morgan "Chip" Welch to Jess Askew III, an attorney representing Brooks.
Other potential witnesses included Karen DeJarnette, director of Planning Research and Evaluation, whom Brooks suspended and attempted to fire lastyear; members of the Planning, Research and Evaluation staff; Classroom Teachers Association leaders Katherine Wright Knight and Cathy Koehler; Washington Elementary Principal Gwen Zeigler; Metropolitan Vocational Technical Skills Center Principal Michael Peterson; former district Principals Larry Buck and Janice Wilson; and former district ombudsman James Washington. Buck and Washington are now district teachers.
The witness list, Welch's May 22 letter urging the School Board to consider a buyout instead of the termination hearing, and dozens of e-mails circulated among Welch and School Board members were released by Welch in response to a Freedom of Information Act request made by the Arkansas Democrat-Gazette. The Freedom of Information Act permits the release of personnel documents at the conclusion of a suspension or termination proceeding.
"My conclusion is that Dr. Brooks has acted in a manner sufficient to warrant the termination of his relationship with the District," Welch wrote in a May 22 letter to Mitchell and copied to the other six School Board members. "His heavyhanded management, cronyism,disrespect for the School Board, intimidation of teachers and others and departures from established fiscal policy warrant termination, in my view."
In a footnote, Welch cited as a "glaring example" the "off-the books approval of an employee with ties to Dr. Brooks' inner circle for 90 hours of overtime in a single two-week pay period."
But Welch went on to list in the four-page letter several reasons why the board should consider buying out the contract, which the board ultimately voted to do.
Welch's reasons included the likelihood that Brooks and his attorneys would seek delays for the termination hearing. He alsosaid there would be mounting legal expenses, the likelihood of additional litigation and polarization in the school district "to a degree that is not healthy." Welch noted that individualboard members of differing views on Brooks told him that they wanted to buy out or otherwise reach some kind of settlement.
Brooks and his attorneys at the Williams &Anderson law firm Thursday issued a response and accompanying documents in his defense against the charges in the e-mails and letters. The documents included board meeting minutes, e-mails and a March 8 report on budget changes that had occurred since the beginning of the fiscal year. The March 8 report was in response to a request by Mitchell.
"I am saddened that the LRSD Board has declined many generous offers by those who are willing to help us work through these difficulties," Brooks wrote. "I remain convinced that the Board and the administration have the potential to move forward together in support of our students and the educators who are charged with their education."
Brooks listed some of the achievements of his tenure, which he said included the streamlining of the administration that allowed a reallocation of nearly $5 million into schools,as well as student achievement gains - particularly those of black students.
"We have managed a financially sound operation allowing the district to move additional funds into the district's fund balance," Brooks wrote. "Arbitrarily buying out my contract sends mixed messages to our community and does not ensure that progress will continue."
In regard to the allegation that Brooks urged Mark Milhollen, the district's chief financial officer, to strike Mitchell, Brooks said the incident never happened. Milhollen also said Thursday that he had "no idea what that was about."
In regard to the witness list and potential testimony, Washington, the former ombudsman and now teacher, was to testify about "Dr. Brooks' attempts to have him spy on [McClellan High Principal] Larry Buck," according to the Welch letter to Askew. "He will also testify about Dr. Brooks' attempts to have him suppress the concerns being raised by the Hispanic community." No further explanation was given.
Washington's job as ombudsman was eliminated in the district's 2005 administrative reorganization that eliminated a net 100 jobs and has continued to be a sore point with some on the board and in the district. Washington is suing the district over what he described as his demotion. A trial is set for October.
Buck also was to testify, but his focus was to be on Brooks' treatment of administrators and teachers at McClellan. Buck was replaced by a new principal last year.
Along the same lines as Buck, Zeigler, Wilson and Peterson were expected to testify about Brooks' treatment of teachers and administrators at their schools. Peterson also was to testify "concerning comments made by Dr. Brooks about a board member with 18 years of experience that needed to go," according to Welch's letter. Mitchell has 18 years of board experience, the longest tenure on the board.
Wilson was expected to address comments Brooks made about her. She has said in a television interview that he was critical of her African dress.
Knight, president of the teachers association, and Koehler, president-elect, were expected to talk about Brooks' interactions with the association and the complaints received from teachers about the superintendent. Koehler was to testify about comments "Brooks made about impoverished families, how they dressed, and how they talked."
DeJarnette and James Wohlleb were to talk about Brooks' relationship with the planning and research office, particularly after the board reinstated DeJarnette to her job. Those two and Ed Williams of the office were to talk about student achievement in the district.
Board members had accused Brooks of failing to show satisfactory student achievement gains as evidenced by the number of district schools on the state improvement list. The number hasdeclined since Brooks arrived in the district in 2004 but stands at 24.
In his response, Brooks repeatedly said pay increases were done properly, and he denied accusations of wrongdoing. He said he had positive interactions with the Hispanic community and did not try to suppress their concerns. He said his interaction with the staff is professional but that he does have high expectations for employees. He said there is a natural tension between a superintendent and a teachers union.
In regard to the accusation that the district overspent $200,000 in federal Title I funds, Milhollen said the district is in discussions with the Arkansas Department of Education over the share of the grant that could have been used in 2005-06 for administrative or indirect costs. District officials did not initially know the rate for the year and charged according to the rate for the previous year, learning later that the rate haddecreased significantly.
Other information about the leadership dispute revealed in the previously private correspondence included:
Attorneys for the School Board and Brooks had agreed to use Anthony Scariano of Chicago to be the hearing officer inthe termination hearing at a rate of $2,500 a day plus expenses. Despite assurances from the Little Rock lawyers that a hearing would last no more than a few days, Scariano said the last hearing he did in a similar case went for 23 days. Scariano said he expected a two-day turnaround on his recommendations.
School Board member Baker Kurrus warned that the district was "on the verge of a complete meltdown," and he offered a possible settlement to Welch to be shared with other board members. That proposal called for a stop to all litigation; replacement of the deputy superintendent, who is resigning, with a person that the entire board supported; authorization for Brooks to work for the next nine months while being "polite, professional and positive;" and taking a year off of Brooks' remaining two-year contract and replace it with an option year.
The board would have had to decide in February or March on whether to buy out Brooks effective in June 2008.
"Some of this is a little Solomonic, in that the baby gets split," Kurrus wrote to Welch, "but I think we could make some progress this way[.] And the alternative is a winner take all, high-risk maneuver with the losers leaving mad."
School Board member Mike Daugherty responded on May 23 that it was too late for any compromise.
"I do believe that if we were to withdraw at this point, we would not be able to offer any additional challenges in the future, and he would have no obligation to do as this board requests because [he] would feel invincible to our attempts to oust him. ... Those who have come forth to testify would be at his mercy."
Front Section, Pages 1, 11 on 06/01/2007