http://timesnews.net/article.php?id=9001767
Lee County jurors decide politics motivated school board's demotion of employees
Published 06/22/2007 By WALTER LITTRELL
A federal jury deliberated just over four hours Thursday before reaching a unanimous verdict that the political activities of two Lee County school employees were motivating factors in the votes of the Lee County School Board as a whole and three of its members in demoting the two.
Eleanor Chadwell, who was demoted from director of elementary programs to a reading specialist on Feb. 13, 2004, had alleged in her lawsuit that she was demoted solely because she supported Democratic candidates.
Mary Ruth Laster was demoted July 26, 2004, from her position as Stickleyville Elementary School principal to a classroom teacher's position. While Chadwell's position was eliminated, Laster's suit alleges she was replaced by a person perceived by the defendants to be a Republican.
Initially both suits were against the school board as a body and against all five board members individually, but prior to trial Judge James Jones ruled that in Chadwell's case the board eliminated her position as a legislative act, so the individuals had legislative immunity. Laster's case against individual members was reduced to just board members John Marion, Gary Brown and Phil Hensley, as board member Pete Sumpter voted against the transfer while then-board Chairman Bob McNeil abstained.
Since the three voted in favor of the demotion, those were individual acts, so the suit stood against the board and the three individuals, explained Gerald Gray, counsel for the plaintiffs.
While Chadwell sought a judgment of $200,000 in actual damages from the board, Laster sought $200,000 in actual damages and $200,000 in punitive damages, which Jones advised the jury would be to punish the individuals for their acts. Both also sought costs and attorney's fees, reinstatement to their former positions, and compensation for any lost wages and benefits.
After about an hour of deliberations, the jury awarded each plaintiff $150,000 in compensatory damages and Laster a total of $45,000 in punitive damages "? $15,000 from each of the three defendants.
Jones will rule later on costs, fees, additional compensation and reinstatement.
The trial began Tuesday afternoon and continued through Thursday. Earlier testimony included that of the defendants, who denied their votes were politically motivated and offered several reasons why they voted the way they did. Several other witnesses told the jury that various board members had made statements to them indicating the votes were politically based.
On Thursday, both Chadwell and Laster testified before their side of the case rested.
Chadwell said she recently finished her 29th year in the school system and detailed her background, including the fact that she has been active in the Democratic Party. She had been director of elementary education for 3½ years when her position was eliminated without any warning from the board, she said.
Chadwell testified that when she assumed her directorship, only one elementary school was accredited, and at the time of her demotion only one was not. She said she had never been spoken to by her superiors or board members about federal violations or overspending of the textbook budget before she was demoted.
Board members had claimed the latter two reasons as motivation for their votes.
Chadwell said after the vote Hensley did apologize to her and denied political motivation, "but said he could not say the same for Mr. Marion or Mr. Brown,"? she said. Chadwell added that Hensley told her the board's actions were about to cause him to become a Democrat.
Laster testified she has been in the school system for 27 years and has long been active as a Democrat. The former principal said when she was transferred to Stickleyville, the school was generally rundown, and the kitchen area was roach- and rat-infested. But with the help of the staff, Laster said she cleaned up the place, applied for grants and organized fund raisers to make improvements, and attempted to get other improvements such as a lunchroom constructed through the school board.
Her fund-raisers included the sale of candy, snacks and cutlery, but the snacks were not sold until after lunch, and most were fruit-based. Children did not sell or handle other items such as cutlery, as that was done by parents and community members, she said.
While admitting she did permit teachers and community members to purchase items from the food service vendors, those individuals paid the vendors directly, and money did not go through the school system, she said, adding that the practice is common and ongoing in other schools.
The above issues were reasons board members gave as to why they voted for her demotion, along with low Standards of Learning scores at the school and claims that she campaigned for Brown's opponent at school.
Laster denied campaigning at school and said the scores were not where she wanted them to be and that she had made personnel reassignments of her own in an effort to improve them.
In arguing for compensation, Gray urged to jury to "give them a verdict that rings loud and clear"? so that such actions will no longer be a part of the school system.
Defense attorney Steve Minor asked the panel to consider that board members do not profit greatly from their work on the board and that none made any money from their actions.
Bookmarks