Source: Orange County Register
Capistrano Unified Superintendent A. Woodrow Carter addresses the school board last March, on the day he was fired. An Orange County judge tossed out his initial lawsuit against the district, but he has since refiled and is now seeking $5.5 million.
SAN JUAN CAPISTRANO – Fired Capistrano Unified schools chief A. Woodrow Carter has filed a $5.5 million breach-of-contract lawsuit against the school district alleging his termination has resulted in "future lost salary" and benefits, his second such attempt to be compensated since he was let go nearly a year ago.
Carter says Capistrano's school board violated the terms of his employment contract when he was fired in March 2009, according to a filing last week in Orange County Superior Court.
The school board neglected to "refer promptly all criticism, complaints and suggestions" to Carter for "his information and for study and recommendation," the lawsuit says.
"At all times herein relevant, (Carter) substantially performed his job duties except where his performance was excused or prevented by respondent's board of trustees or otherwise," the lawsuit says. "At all times herein relevant, (Carter) neither willfully breached his job duties nor continually neglected his job duties."
Carter initially argued his contract entitled him to receive 18 months' compensation if fired, but an Orange County judge tossed out that claim last month, noting there was no such provision in his contract.
Capistrano Unified's attorney, Phillip Kossy, said the school board had made Carter aware of issues related to his performance before he was fired. But regardless, Kossy said, Carter was not immune to termination, even if the school board did not specifically address all problems with him.
"I continue to believe that the lawsuit lacks merit," Kossy said. "Mr. Carter was provided feedback over a number of months on a number of items that are referenced in the termination decision. From reading the contract, I don't believe that the parties intended to mean that he couldn't be fired without the board or the district following that sentence or that section."
Carter, a retired Army colonel, was fired March 9, 2009, 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.
In the termination report, 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.
Most of the damages Carter is seeking in his wrongful-termination lawsuit stem from the future earnings he purports to have lost.
He also demands compensation for lost pay and benefits under his contract, including vacation pay, sick leave, health insurance and retirement pay.
- $4 million in future lost salary, fringe benefits and annuity payments
- $887,250 in lost salary under his contract, which was terminated prematurely
- $250,000 in lost fringe benefits
- $125,000 in annuity payments
- $107,000 in lost vacation and sick leave
- $4,700 in moving costs to relocate to Orange County
- $1,400 to seek comparable employment elsewhere
Carter also is seeking 10 percent interest on the $5.5 million, plus attorney fees.
Capistrano Unified intends to file a written response in the coming weeks, Kossy said.
Carter's attorney, George Schaeffer, did not return a phone call Tuesday seeking comment.
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