Source: Orange County Register
Former Capistrano Unified Superintendent A. Woodrow Carter addresses the school board March 9, the day he was fired. Carter has sued the district for $487,425, alleging a breach of contract.
SAN JUAN CAPISTRANO - The recently fired superintendent of the Capistrano Unified School District has filed a $487,425 lawsuit against the district asking to be paid for 18 months remaining on his three-year employment contract.
Superintendent A. Woodrow Carter, who was terminated in March by a unanimous school board vote, said in court filings he was suing for "breach of contract" and also was requesting 10 percent interest and attorney's fees. The lawsuit was filed Wednesday in Orange County Superior Court.
"The lawsuit speaks for itself, and I'm still waiting for a more appropriate time to make a full statement to the public and the press," Carter said Monday.
The lawsuit asks for damages equal to half of Carter's three-year, $974,850 contract, which was set to expire June 2011. Carter actually had two years and four months remaining on the contract, but state law prohibits him from seeking more than 18 months' compensation.
"Defendant has failed to pay 18 months of plaintiff's salary, including the 15 percent annuity contribution, and to provide health care or cash equivalent for 18 months, pursuant to … plaintiff's employment agreement with defendant," the lawsuit says.
Capistrano Unified Trustee Ken Maddox, reached for comment Monday, said Carter's lawsuit was "wholly without merit."
"In fact, it's a load of bull," Maddox said. "Some of his actions (that he was fired for) were in violation of the law. We should send our findings to the district attorney's office and request a filing of charges."
Carter, a retired Army colonel, was fired March 9 after a tumultuous, 18-month tenure at the helm of Orange County's second largest school district.
Capistrano's school board released a scathing, 54-page termination report that painted Carter as an insubordinate, scheming administrator who tried to sway school board elections and double-bill the district for travel expenses.
Carter also was accused of showing "disturbing disregard" for student confidentiality matters, violating school board policies and state laws, and deliberately working to undermine and embarrass the school board. Carter refuted the allegations in a 23-page rebuttal.
"I'm saddened he's filed this lawsuit against CUSD, but the board stands by the charges for his breach of contract," Trustee Larry Christensen said Monday. "I'm not surprised he would elect to file a lawsuit against the school district, even though he is aware of the dire financial turmoil that CUSD is in right now."
Capistrano Unified is planning to cut $25.5 million from its budget this year, which would scale back scores of programs and services, from smaller class sizes to guidance counseling to sports.
The district, meanwhile, spent $66,758 in legal fees in December, January and February to fire Carter on March 9, according to invoices from the school board’s law firm.
The district has not yet appointed an interim superintendent to replace Carter. Carter's duties have been largely assumed by Deputy Superintendent Suzette Lovely.
Five individuals have filled Capistrano's top administrative spot in the past three years - with one resigning after less than a month, citing "uncertainty and instability."
Carter's lawsuit comes on the heels of a $487,425 legal claim that he filed against the district in March seeking similar reimbursement. The board unanimously rejected that claim.
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