Legal Analysis: Superintendent's Policy Conclusions Are IncorrectLegal Analysis: Superintendent's Policy Conclusions Are Incorrect

9/23/14 - The Howell Board of Education on Monday received a legal analysis regarding certain district policies, one of which is at the heart of a harassment complaint filed by Superintendent Ron Wilson against School Board President Mike Witt. The written opinion from the Thrun Law Firm was requested by the board regarding Policies 3112 and 4112, which deal with communications between board members and district staff members. Policy 4112 was specifically cited by Wilson in his harassment complaint in which he interpreted it to mean that communication between staff and board members should solely go through the superintendent. In an April 22nd staff directive, Wilson states; “The board has one employee, and everyone else works for the superintendent.” However, the analysis concludes that Wilson’s interpretation of that policy is incorrect and that no such prohibition is intended. The analysis also says Wilson’s blocking of email communications from the board to staff members is inconsistent with district policy. It then provides a copy of a blocking notice Board Secretary Kim Witt received when she tried to send an email to district staff. The analysis was made public following a closed session of the board during last night’s meeting. A copy of the analysis is posted below. In a statement released today, Wilson said, "...the opinion issued by the Thrun Law Firm is not congruent with the opinions of NEOLA (the firm that advises the district on board policy), the Michigan Association of School Boards and the Varnum Law Firm who advise NEOLA. “I feel that seeking this opinion was an unneeded expense by the district. After meeting with Board President Witt and Board Vice-President Yenshaw on June 3, it was my understanding that we had resolved this issue and were moving forward." Meanwhile, the outside attorney retained to investigate the harassment complaint, Robert Schindler, updated the board on his progress. Schindler says participants have been “extremely cooperative” and timely in his analysis of the case. He revealed that the bulk of his interviews are complete, with only a few more intended for this week. Schindler hopes to wrap up the investigation soon and have a final preparation of his research for the board by their next meeting. (DK/JK)