Source: Union Tribune
DEL MAR — A divided Del Mar school board yesterday fired its district superintendent, Sharon McClain, setting the stage for a protracted legal battle that could cost the school district hundreds of thousands of dollars.
McClain, terminated by some of the same board members who hired her less than two years ago, vowed that she would fight her ouster in court. Because the board voted to fire her “with cause,” all pay and benefits cease immediately. The board said McClain had committed a “material breach” of her contract, but the trustees refused to say publicly what those violations were. They would not comment further, citing the threat of a lawsuit.
Trustee Katherine White, who for months had tried to build a case for firing McClain, has said the superintendent fell short on several performance measures, chief among them that she failed to keep the board informed on numerous matters. They included hot-button issues such as potentially closing a school and finding space for a new district office, White has said.
But McClain always countered those claims, and at Wednesday’s meeting she reiterated previous statements that detailed the lengths to which she kept trustees up to date on school affairs.
“I’m going to leave, but they will hear from me,” McClain said moments after the vote. “I felt like I did a good job. … I don’t feel like I did anything I should be fired for.”
Yesterday morning before the meeting, McClain was more blunt. “I will sue them because this is not right,” she said.
White and trustees Annette Easton and Doug Perkins voted to fire McClain. Trustee Steven McDowell, who has typically sided with his three colleagues on most board matters, abstained. Board President Comischell Rodriguez voted against the dismissal.
In a brief statement, Rodriguez said, “After many months of trying to work with Superintendent McClain to resolve a number of serious and material performance violations of her contract, the board of trustees voted to terminate the district’s contract.” Rodriguez said the board wants to move in a “new direction” with a “renewed sense of focus.”
But more than 30 people who addressed the board before the vote said firing McClain was a reckless power play that will waste precious dollars at a time when the district is laying off dozens of teachers and cutting back programs.
Board critics have argued for years that White, Easton and McDowell — who formed a voting bloc after the school board election in November 2006 — have sincessantly micromanaged school district affairs and turned board meetings into marathon sessions that nitpick over minutiae.
White, Easton and McDowell all supported hiring McClain in the summer of 2008. The three trustees had ousted former Superintendent Tom Bishop that year in a settlement that has cost the district more than $300,000.
By firing McClain, the district could be liable for at least $500,000 in eventual payments to her, some speakers said at yesterday’s board meeting.
“I really think this is a matter of you not liking Dr. McClain for whatever reason — jealousy, a power struggle,” said Kate Takahashi, a district parent. “It’s a half-million-dollar hissy fit.”
The board has scheduled a meeting for 5 p.m. today to appoint an interim superintendent.
Reader comments:
gdeal 03/31/2010 05:07 PM
not cool.
Cydjim 03/31/2010 05:17 PM
If I lived in Del Mar, I would pay attention at next school board vote: last superintendent cost a half mil and so will this firing..a million bucks sure goes a long ways if spent right
DMUSDparent 03/31/2010 09:07 PM in reply to Cydjim
precisely our point. our board should be spending this money on programs and staff in a way that benefits the children that the district educates.
sdnative10 03/31/2010 05:37 PM
These school board members don't understand they should have spent their time establishing clear, consistent and practical policies for the superintendent to then implement and stayed out her way so she could do her job. Instead, the boardmembers seem to want to run the district themselves and usurp the superintendent.
If the boardmembers couldn't get along with either the previous superintendent or the one they hired themselves it should be obvious to everyone that the real problem has been with the board and not the superintendents. This firing is unjustified and could cost the district far more than the $300,000+ the district had to pay the last time.
encinitasresident2 03/31/2010 06:08 PM
Sounds like some key detials are missing. How do you get fired from a job now adays with out several written warnings and councelings? Was she on notice for violating any rules, laws, regulations, or agreements? Not liking somebody is not a good enough reason. Poor performance means what?..doesn't that require documentation. Hopefully the details will be made public sooner than later.
DMUSDparent 03/31/2010 09:08 PM in reply to encinitasresident2
there have been secret meetings to this effect for months, beginning in sept. but the community still cant get a straight answer as to "why?"
TomTheSeal 04/01/2010 09:30 AM in reply to DMUSDparent
That would be a great question for your school board members, but, you are not likely to get an answer and the reasons could be any number of things from pending litigation, it is a confidential personnel matter, to, quite simply, we do not have to answer that question.
It is far past the time when the school board system in America should be ditched and replaced with something that requires demonstrated competence, knowledge, experience, and PRIOR CERTIFICATION before someone can be a member of a team that leads and guides the education of our children.
Why require PRIOR CERTIFICATION for teachers and not for school board members ?
Doesn't make sense, and, obviously, school boards in CA, and nationwide actually, are demonstrating their incompetence, ineptness, and disastrous and costly malfeasance of duty.
Time to ditch the school board dinosaur.
windansea 03/31/2010 06:23 PM
In America when this happens, you receive millions of dollars in settlement. Even if you did a poor job, the vulture slime scum extortionist lawyers find a way to make them and you very wealthy. Sweeeeeeeeet !!!!!!
TomTheSeal 03/31/2010 08:16 PM in reply to windansea
Did she do a poor job ? Or has the school board done a poor job ?
We'll see, but, only thanks to some good lawyering. Reading your comment I sort of think that one day maybe you yourself might need a good lawyer to rescue you from your comments.
Be careful where you make them. Some do not take kindly to being smeared.
Even here, where you have SOME annonymity, you can be called to account in a court of law.
Regards,
Tom
windansea 04/01/2010 04:52 AM in reply to TomTheSeal
Hey Tom, why didn't the lawyer get eaten by sharks when he fell off the boat ?
Professional courtesy.
TomTheSeal 04/01/2010 08:20 AM in reply to windansea
Great joke ! A classic. Been around for awhile and, unlike Del Mar superintendents, has a great shelf life.
Why DIDN'T the CLIENT get eaten by sharks when HE fell off the boat ?
His lawyer was the best shark in the water and saved him.
Regards,
Tom
sandiegorain 04/01/2010 05:50 AM in reply to TomTheSeal
Groan
skeptic6 04/01/2010 11:04 AM in reply to TomTheSeal
Tom, sometimes you make me like lawyers again. ; )
FailObamaFail 03/31/2010 06:42 PM
They make HOW MUCH?!?!
Butkus 03/31/2010 06:58 PM in reply to FailObamaFail
That information is in the article.
writenow 03/31/2010 07:38 PM
Del Mar Superintendent's have long had a short, shelf life. But they do keep attorneys employed.
ImJustABill 03/31/2010 07:39 PM
"The school board’s vote followed a lengthy closed session, and trustees refused to talk about their decision, citing pending litigation."
This is a public school district spending public money. Litigation or not, the public has a right to know the reasons for this action.
ImJustABill 03/31/2010 07:41 PM
"McClain said she would fight the decision in court."
Translation: I want to squeeze every dime out of the taxpayers that I can.
TomTheSeal 03/31/2010 08:11 PM in reply to ImJustABill
Translation: Everyone is entitled to their day in court.
Translation: This particular school board has displayed a pattern of mismanagement and incompetence.
ImJustABill 04/01/2010 07:18 AM in reply to TomTheSeal
Sorry I disagree with the implication of the first comment.
Although, certainly you are correct that everyone does have a right to their day in court that doesn't mean I have to approve of their decision to use that right.
In my opinion, an employer has a right to fire an employee.
Unless there was something grossly wrong going on (e.g. sexual harrassment, physical threats, theft) an employee who sues their employer just because they were fired is a pathetic greedy whiner.
Cydjim 04/01/2010 08:08 AM in reply to ImJustABill
Luckily the majority and the law doesn't agree with your belief; if you make a contract with an employee that you pay for x and they do x then you pay for it. An employee forgoes other opportunities to work for that employer.
Another analogy, you agree to pay for a car. You decide you don't like it...in real world you still pay for it. In Del Mar case, they are looking hard for a reason to blame the other guy and if they can easily demonstrate it to 12 people then they are off the hook
Del mar is trying to void the deal the made, she is not suing for her. She is suing to make sure they give her what they promised, unless Del Mar board can find a valid reason which seems this case doesn't exist....so good luck
TomTheSeal 04/01/2010 08:12 AM in reply to ImJustABill
Bill, I agree ( "...an employee who sues their employer just because they were fired is a pathetic greedy whiner..."). However, the first comment remains valid because it is that day in court that sorts out the details and keeps us from settling our differences on our own, which can get pretty darned ugly.
As for an employer's RIGHT to fire an employee, I agree in principle, but that right is now bridled with some legally defined responsibilities ( You cant fire someone because they are Latino ).
Employers sometimes do egregious things and MOST of the time they get away with it. But every now and then they have to answer for something egregious that they have done.
It will be enlightening, to say the very least, as to what emerges at trial. We have a school board that has a responsibility to use taxpayer money wisely and the former superintendent had certain contractual, legal, and moral responsibilities herself. A trial, unless it becomes a sealed lawsuit, will hopefully reveal some behaviour that perhaps up until now has been kept from the taxpaying and parental public.
Have a good one Bill, as I know we are not going to agree on this. But that's ok.
Regards,
Tom
skeptic6 04/01/2010 10:49 AM in reply to ImJustABill
"In my opinion, an employer has a right to fire an employee."
I would agree with you, IF this were a company owned by the board. But it isn't. It's just school district, "owned" by the taxpayers, and the board should be representing their interest.
olc 04/01/2010 10:10 AM in reply to ImJustABill
"Translation: I want to squeeze every dime out of the taxpayers that I can."
Because these clowns have overstepped their authority and violated our contract. As for whose money it is, who elected them?
gkhi 04/01/2010 10:16 AM in reply to ImJustABill
The Board was fully aware that she would sue. It is her right; she is near retirement. She has children, grandchildren, foster children. Plus, it's her reputation. No one in their right mind would begrudge her for suing. And I'm sure she doesn't relish the thought of a lawsuit at this point in her life.
skeptic6 04/01/2010 10:47 AM in reply to ImJustABill
I don't blame her one bit, they didn't give a reason, well, not a valid reason, and they are sullying her reputation.
AhSo 03/31/2010 07:53 PM
can't wait for this to hit the court and I can read all the dirty laundry about the kooks running this school board. Hip, hip del mar.
SanDiego92129 03/31/2010 08:05 PM
"...McClain was fired for material breach of her contract..."
What does that mean? Hey UT -- start digging and try to become a respectable rag again.
TomTheSeal 03/31/2010 08:07 PM
The performance of CA school boards is, quite simply, abysmal.
The school board system should be ditched and replaced with something that requires knowledge, competence, experience, and PRIOR CERTIFICATION through rigorous testing.
With the school board system you need not know ANYTHING to guide our schools.
The ONLY THING being on the school board means is that you ran a successful campaign.
BFD
la_mesan8ive 03/31/2010 08:26 PM in reply to TomTheSeal
You're right Tom (you're not Tom Bishop, are you??)
School boards are a joke. They are filled with wanna be politicians and religious nut jobs with strong personal agendas that have absolutely nothing to do with providing children with the best education possible.
They are a place for self-employed people to get full medical and dental insurance for their families while only "working" a couple of hours a month.
TomTheSeal 03/31/2010 08:43 PM in reply to la_mesan8ive
If you are referring to the former Superintendant of the Del Mar Union School District who ostensibly was forced to step down and did so onn April 30, 2008, no I am not that Tom Bishop.
Bishop by majority opinion did a stellar job, but he developed a rocky relationship with the school board since late 2006, when trustees Katherine White and Steven McDowell joined Annette Easton to form a board majority.
DMUSDparent 03/31/2010 09:10 PM in reply to la_mesan8ive
if the DMUSD board gets medical and dental benefits, that would be news to me. as far as i am aware, they get a small annual stipend to cover the cost of insurance to protect them from lawsuits.
which they will now be grateful they have.
skeptic6 04/01/2010 10:45 AM in reply to la_mesan8ive
Oh, now you did it. : ) You dragged in the Grossmont School Board into this. But it's unlikely they will quarrel with their Superintendent, right?
dmsoccerfan 03/31/2010 08:33 PM
Even though the school board claims they FIRED MCLAIN FOR CAUSE, just wait a few months.
The school board will approve a six figure payout, using the justification that "it's cheaper to settle than to spend money on attorneys fighting the lawsuit".
As part of the settlement, there will be clauses of SILENCE on both sides, so the public will NEVER KNOW the reasons the school board used to justify the firing, and whether or not they were valid...........sort of like the Tom Bishop firing -- he got a payout, and no one knew if his firing was valid or not.
ImJustABill 04/01/2010 07:13 AM in reply to dmsoccerfan
I think the public's right to know what happened trumps any argument for staying quiet due to ongoing litigation.
The litigation could take years.
dmsoccerfan 03/31/2010 08:35 PM
......and what's up with McDowell "abstaining" from the vote? Could there be a conflict of interest coming along? This just doesn't make sense. Please, if anyone understands the McDowell action, please clarify?
DMUSDparent 03/31/2010 09:11 PM in reply to dmsoccerfan
... he has no spine.
sandiegovoice 04/01/2010 12:24 PM in reply to dmsoccerfan
I agree with the spineless comment....just like Bob McClellan on the El Cajon City Council. He is worthless. Sits on the council and abstains from every vote that is controversial. He always uses his ownership of his car dealership as an excuse that it could be conflict of interest.
DoneAgain 03/31/2010 08:51 PM
She was my music teacher in the 80s. I think there is real value in having an actual educator and especially one that educated in what is currently an "endangered" field in public education in charge. I will be interested to see how this plays out.
theryanexpress 03/31/2010 09:38 PM
Hey !! Wadya know. A job opening for Alan Bersin!
MMIKEY 04/01/2010 08:10 AM in reply to theryanexpress
he already screwed up the similar job a few years ago, and moved on to more incompetence in job performance
92106Native 03/31/2010 10:27 PM
So, how long before the citizens of the Del Mar Union School District fire the Board?
sd68native 04/01/2010 03:49 PM in reply to 92106Native
November....
Augustus 04/01/2010 07:37 AM
Don't you love it when these public employees hire each other, fire each other, then sue each other ... and the taxpayers get to pick up the dime?
MyView 04/01/2010 07:43 AM
And who would want to step up to take this position now after seeing the temperment of this board? Maybe Katherine White should try it for awhile....
MMIKEY 04/01/2010 08:11 AM
any of the board members have their kids in school now?
DMUSDparent 04/01/2010 12:59 PM in reply to MMIKEY
i think katherine white might have one left in elem school (interestingly, the school that McClain just recommended be reconfigured.... hmmmm)
GeraldR5 04/01/2010 08:21 AM
One of the biggest problems in education today is school boards. These people are elected to oversee a district, but they envision themselves superintendents or assistant superintedets who delve into every aspect of school district operations annd meddle in daily minutia. They end up harming the district far more than just "oversight." A dear friend of mine who was once superintendent of the largest district in the South Bay told me in private, "If it weren't for unfunded state mandates and pet programs of board members, I could reduce the district budget by 40 percent without losing a teacher or classroom and give each teacher a reasonable raise." Moreover, school boards are increasingly elected primarily by special interest groups who they bow to from the first to the last day of their terms! No wonder we have so much trouble retaining decent superintendents,.
TomTheSeal 04/01/2010 09:04 AM in reply to GeraldR5
GeraldR5, you wrote, "...school boards are increasingly elected primarily by special interest groups who they bow to from the first to the last day of their terms! No wonder we have so much trouble retaining decent superintendents...
" MY COMMENT: Amen, brother ! Amen. School board members are bought and paid for and push agendas that have absoulutely NOTHING whatsoever to do with the effective and efficient OVERSIGHT ( not management, please ) of the school system. School board members often know NOTHING about school systems or how they should work, not to mention having no knowledge, experience, or competence in the educational process.
THE *** ONE *** COMMONALITY FOR *** ALL *** SCHOOL BOARD MEMBERS ? They ran a successful campaign for the position, and that's not saying much, is it ?
Time to free our schools of this anchor around both the necks of taxpayers, children, parents, teachers, administrators, and support staff. Time to ditch the school board system in America.
zeke199 04/01/2010 01:15 PM in reply to GeraldR5
Judging from the numbers I'd say your friend was spot on. "Fair Share" is one state mandate killing DMUSD and other districts which were in good shape before this socialist legislation was thrust upon us.
A voucher initiative is the best thing that could happen for our kids and our future! Let underperforming districts feel the pain so they must adapt or die. It works for colleges and universities so it will work for primary/secondary schools too. It may hurt in the short term but will make everyone stronger in the long term! How else can private schools continue to attract kids during this economic downturn?
Until the people wisen up and demand vouchers happen we're wasting time polishing chairs as they slide down the deck of the Titanic.
DMUSDparent 04/01/2010 03:27 PM in reply to GeraldR5
""If it weren't for unfunded state mandates and pet programs of board members, I could reduce the district budget by 40 percent without losing a teacher or classroom and give each teacher a reasonable raise."
oh, how i wish your dear friend was our districts superintendent!
kennywilson 04/01/2010 09:31 AM
Perhaps since the board members seem to take actions that cost the district so much money, they should be required to fill the gap the superintendent position leaves open.....then maybe they would think twice about acting like school children.
DMUSDparent 04/01/2010 01:00 PM in reply to kennywilson
good gracious, do you hate us? please dont wish that upon us!
zeke199 04/01/2010 01:08 PM in reply to kennywilson
NO!! We'd go from real bad to really worse!!
dmsoccerfan 04/01/2010 09:39 AM
This comment was flagged for review.
olc 04/01/2010 10:05 AM in reply to dmsoccerfan
That's not the issue. The question is what did she not do that she was supposed to to. How did she not perform her duties under the contract? Unless they can show that she somehow failed to do something substantial that was contractually obligated, it's going to cost them a bundle, just like the last time they had one of their power plays.
dmsoccerfan 04/01/2010 11:38 AM in reply to olc
Personally I agree with you -- the board needs to be able to justify, in court, that they had a solid reason for firing McClain -- otherwise, it will cost the district hundreds of thousands.
I'm asking another question -- which is "What has McClain accomplished during her tenure". No one has really answered that question......it's just emotion and anger and the financial implications of a firing that may not stand up to a court challenge.
Again, I ask, Did McClain do anything to justify her nearly $200000 salary for the past year and a half? Please be specific.
olc 04/01/2010 02:06 PM in reply to dmsoccerfan
She doesn't need to justify what she did as long as it doesn't violate the contract. If they didn't think she was accomplishing enough beyond that, they can wait out the contract or negotiate ending the contract. That's how it's done.
zeke199 04/01/2010 12:36 PM in reply to dmsoccerfan
I've been to more board meetings than I cared to attend. It's like watching a train wreck in slow motion, the sad fact is my kids and I are on the train as it crashes. The three-member voting block don't care if they derail the train, as long as they hold the power to do it.
Anyone who has spent time at these meetings KNOWS the majority of the board has tried to fire McClain for much of her two-year tenure. She was inundated with busywork which detracted from her time to do what she was hired to do. The board sat back, spun her around, criticized her when she couldn't keep all their plates spinning, and spat her out like grissle.
Now we taxpayers must cover the costs of their recklessness. I hope the board finds a way to do it without sticking it to us. Maybe they should pay for it since they had the problem working with McClain!
zeke199 04/01/2010 12:55 PM in reply to dmsoccerfan
Most of the DMUSD board is in over their heads and ill-equipped to manage the district, yet won't acknowledge it. It appears most (not all) of the members lack the basic people skills to properly manage talented professionals (note two Superintendents were fired in two years).
By firing McClain yesterday the board obliterated $500K + from an already troubled financial situation (per board member White's recent statement).
The only people who will benefit are the lawyers who will descend like vultures into DMUSD's coffers. The children will lose out big time! DMUSD's mission has been failed by the board so THEY should be fired for breach of fiduciary duty!
McClain brought what the district needed - a hands-on leader who invested in the teachers and students. The board should have realized this and adjusted for whatever logistics and operations skills they thought she lacked.
DMUSDparent 04/01/2010 01:04 PM in reply to dmsoccerfan
what exactly are you looking for?
the superintendents job, plain and simple, is to run the school district. she makes sure that the district strives for excellence. period. and under her leadership the district continued to be excellent. the API scores are phenomenal. despite cutbacks, kids had access to a stellar education.
Its not the role of the superintendent to go out there and make reforms or set policy. setting policy IS THE JOB OF THE BOARD. it was mcclain's job to ensure it was carried out.
sdnatv 04/01/2010 11:08 AM
November can't come soon enough. The sooner the Carmel Valley/Del Mar community can exercise a right/civic duty many forgot or simply neglected to use in 2006, the sooner this district can begin to actually move forward...something it hasn't done in a very long time.
sandiegovoice 04/01/2010 12:20 PM
Sound like the real housecleaning job here is to get rid of these three board members. Boardmembers, if you are reading this, I suggest you start looking for another job.
Statistic 04/01/2010 02:45 PM
She must be the only public employee fired since... since... time began.
DMUSDparent 04/01/2010 03:26 PM in reply to Statistic
no, no... that would be Tom Bishop. Our OTHER superintendent.
say what? 04/01/2010 02:57 PM
The sad thing is, this Board has been such a joke that even if she has been rightfully fired no one trusts this to be so. They have lost respectability in our district.
cv33 04/01/2010 04:51 PM
It's interesting to compare the Solana Beach and Del Mar school districts. Both have a similar demographic make-up and are side by side geographically. Solana Beach is actually run very smoothly and efficiently. Del Mar seems to be run by a bunch of clowns. This firing is only one of several major self-inflicted problems they have. They have too many schools (some half empty), the union is too strong and overpaid, the foundation seems in place only to provide a job for the fundraiser, etc.
What's interesting is that they are essentially equal in terms of student performance. To me this says that the most important element in student performance is the quality and engagement of the parents, which is very high in both of these districts.
DMUSDparent 04/01/2010 09:21 PM in reply to cv33
i dont think our teachers are overpaid. their salary and benefits package ranks only 19th of the 39 county districts, behind solana beach and even chula vista. and yet our APIs are top notch, even a bit higher than SB (which isnt saying much, since both districts are stellar from the school report card standpoint).
cant disagree with your point about the quality of the board, however.
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