Monday, April 12, 2010

A Material Breach of Contract in Capistrano

While there are many differences, this is the experience of a nearby school district who fired their superintendent last year for material breach of contract.

In March of 2009, the Board of Trustees of the Capistrano Unified School District (CUSD) voted to fire A. Woodrow Carter for material breach of contract after 18 months tenure as the superintendent of Orange County's largest school district.

CUSD counsel produced a 54-page termination report detailing the reasons for the board's decision.

The fired superintendent asked for $487,00 in pay and benefits and was turned down by the board.

He subsequently sued CUSD in court, where the judge dismissed the claim.

Earlier this year Carter again sued CUSD, this time for $5.5 million, and the second case was also thrown out.

Most recently an Orange County judge ruled that the CUSD board violated the Brown Act when it conducted an evaluation of Carter in closed session for the purpose of deciding whether or not to place him on leave without properly informing the public of the intent of the meeting.

The Orange County Register ran a series of articles on the firing and subsequent events.

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