Americus Times-Recorder, Americus, Georgia

July 2, 2009

Sumter B.O.E. holds employee termination hearing

Robert Griffin

AMERICUS — By ROBERT GRIFFIN

robert.griffin@gaflnews.com

americustimesrecorder.com



AMERICUS — The Sumter County Board of Education voted unanimously at their meeting Tuesday night to uphold the Superintendent’s decision to not renew the contract of Janice Burnett, a tenured counselor at Sumter County Middle School (SCMS).

Burnett was informed in April of this year that her contract was not being renewed by the school, and because Burnett had tenure, she was entitled to appeal the board’s decision.

The board room at the board of education turned quickly from budget talks into an episode of Matlock, complete with Judge, Jury, and a court reporter. Attorney Jason Smith represented Dr. Dennis McMahon, who recommended to the board the non-renewal, and Howard J. Stiller, who represented Burnett. Burnett was noticeably absent from the hearing, who, Stiller explained, was in Florida taking care of a sick relative.

Sid Cottingham, an attorney from Cobb County who served as the hearing officer, or “judge” in the hearing made some brief opening comments to the board before the hearing began. Cottingham asked the board, “can you the board base your decision solely on the evidence that you will hear tonight?” With all the members of the board shaking their heads in agreement, the hearing started.

Smith started with his opening statements, giving the board a quick summary of why the decision was made not to renew Burnett’s contract. “On February 12th of this year,” said Smith, “the board approved a reduction in force plan. The need for this plan arose from a variety of different reasons, but mainly the anticipated reduction in enrollment through FTE, but also a reduction in state funding for the 2009-2010 school year.” Smith went on to explain that because of the loss of funding some positions would have to be cut. “As part of that reduction of force,” said Smith, “two counseling positions would have to be cut, one of those at Sumter County Middle School.” Smith went on to say that SCMS had only received funding for less than one school counselor, and that SCMS had two. In wrapping up his statements Smith said that though decision came down to a performance based one.

Stiller decided to waive his opening statement, which allowed Smith to call his first witness, Timothy Hadley, principal of Sumter County Middle School, who laid out a few instances where Burnett showed a disregard for authority. The first instance that Hadley laid out was a time where Hadley was instructed to go to Wal-Mart and purchase supplies for a Parent-Teacher meeting. Hadley said the Burnett had a strict budget of $75 to spend for the supplies, but in the end, went over and the total amount was $91. Hadley went on to say that Burnett used her own money for the overage, but still used the schools tax-id for the remainder.

The second instance occurred when Burnett sent out an e-mail to all male teachers at the school, about the state of the unisex faculty bathrooms. Without going into too much detail about the e-mail, Hadley said “she(Ms Burnett) did not go through the proper chain of command, and did not need to send such an e-mail.” Hadley went on to say that “those issues really needed to be brought to me or an assistant principal.”

Upon cross examination, Stiller asked Hadley about what Stiller called the “Wal-Mart incident”. “Did the school lose any money in this,” Stiller said. To which Hadley responded, “No, she paid her own money for the items.” Stiller also questioned Hadley on whether or not the fact of Burnett’s salary came into play, which Hadley retorted with, “salary was not considered in who we were going to choose, it was strictly performance based.”

After Hadley’s testimony Dr. McMahon, the last witness was called to offer his take on the situation. After a couple of brief questions about the system reduction plan, by Smith, McMahon was cross examined by Stiller who again brought up whether or not Burnett’s salary had anything to do with her non-renewal. Immediately following the cross-examination Stiller rested his case. “I would call Ms. Burnett to testify, but being that she is not here, I have no more witnesses,” Stiller said.After closing statements, the board entertained and accepted a motion by Board Member Mike Mock to go into executive session to discuss the matter. When the board returned to open session Mock brought a motion, seconded by Michael Busman to uphold the Superintendent’s decision to not renew Burnett’s contract.