Source: Orange County Register
Capistrano Unified School District Superintendent A. Woodrow Carter addresses the school board on March 9, 2009, the day he was fired.
SANTA ANA – An Orange County judge has dismissed a $5.5 million breach-of-contract lawsuit filed by fired schools chief A. Woodrow Carter against the Capistrano Unified School District, his second such ruling since Carter's termination more than a year ago.
Superior Court Judge Steven Perk in Santa Ana said Friday that Carter had "no facts" to support the argument that he was wrongfully terminated under state labor laws, and no right to have been notified of performance-related issues before he was fired.
"Paragraph 10 (of Carter's employment contract) does not state termination would occur only after notice of complaints or criticism of performance, and does not provide any pre-discipline rights," Perk said in a tentative ruling he made final Friday. "Plaintiff was an at-will employee."
Capistrano Unified's attorney, Phillip Kossy, said he was pleased with the judge's decision
"The court's ruling validates that the Board of Trustees was legally able to terminate Mr. Carter and did not need to have any specified good cause, even though it specified many good causes for it," Kossy said.
Carter hung up on a reporter seeking comment Friday and did not immediately return a subsequent phone call.
Reasons for dismissal
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.
First lawsuit
Carter sued the school district in May 2009, asking for 18 months' severance pay that he said he was legally entitled to receive under the terms of his contract.
After the judge tossed out the lawsuit in December, Carter re-filed his lawsuit, this time seeking $5.5 million for future lost pay and benefits, including vacation pay, sick leave, health insurance and retirement pay.
The judge's ruling Friday was his final ruling on the matter, meaning that if Carter is still not satisfied with the verdict, he would need to appeal his case.
Most of the damages Carter was seeking in his wrongful-termination lawsuit stemmed from the future earnings he purports to have lost, although he also demanded to be compensated for lost pay and benefits under his contract.
- $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.
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