Secrecy prevailed among School Board before firing, Baker attorney says : naplesnews.com

 

Secrecy prevailed among School Board before firing, Baker attorney says

Depositions continue today with Barron Collier High School teacher Terry Walters

By KATHERINE LEWIS

Thursday, January 10, 2008

Richard Calabrese might not have violated the Sunshine Law by talking with his fellow Collier County School Board members about firing former Superintendent Ray Baker, but did he use an intermediary to do it?

That seemed to be the question Baker's attorney wanted to find out, as he questioned Calabrese for more than five hours Thursday.

Calabrese was the first person deposed in the lawsuit Baker brought against the district, which Jeffrey Fridkin — Baker's attorney — filed Aug. 20.

The suit alleges that School Board Chairwoman Linda Abbott and board members Steve Donovan and Calabrese conspired against him by violating the Florida Government in the Sunshine Law by communicating in secret and with each other to declare his contract void before the July 31 public meeting.

Thursday's questioning of Calabrese centered on Calabrese's conversations with Barron Collier High School teacher Terry Walters, former School Board candidate Jim Lawson and Dorene McShea, the mother of a Naples High School student.

Calabrese said he and Walters worked at Calabrese's home to prepare the motion that Calabrese eventually would make July 31. Calabrese, who made the motion to fire Baker, said the then-superintendent was required to perform certain duties, including adhering to all laws and rules of the Board of Education and the supplemental rules of the board.

Baker's termination came a week after a report was released following a four-month investigation into how credits were given at Collier County high schools. The report looked at high school courses district-wide, addressing course credit issues and questions raised by students and parents, including McShea and her son, Skipper.

The report indicated that some students were receiving different credits for taking the same course and the district added the term "honors" to course titles, although the Florida Department of Education didn't authorize a course title with that designation.

Calabrese, who said the report showed Baker failed to adhere to those duties, said he and Walters took a draft of the motion to local attorney Chris Lombardo. Calabrese said the two sought Lombardo's advice to make sure the motion was legal.

Calabrese said Lombardo, who represented some Naples High School students, declined to speak with him, but told Walters he would look at the motion.

Calabrese said he didn't know if Lombardo ever looked at the motion, and he went forward with his motion without seeking legal opinion.

Fridkin then played a portion of the July 31 meeting for Calabrese where School Board Attorney Richard Withers advised the board to rethink voting for the motion, saying the motion could open up the district to liability and the board members should remove Baker within the purview of his contract.

Baker's contract required that the board give him 14 business days' notice before holding a meeting to terminate him without cause. If that didn't occur, Baker would be able to sue under Florida's tortious interference with a contractual right, which occurs when a contract is breached, causing damage to Baker.

Baker's contract is constructed in such a way that the School Board was able to fire him without cause, but would have to pay the remainder of his contract.

The contract allowed the board to fire Baker with cause without paying the remainder of his contract if he tendered a written resignation; failed, neglected or refused to come to work while in good health; if he were to be convicted of a felony; or if he were found medically incapable of fulfilling his duties.

The meeting Calabrese had with Walters at his home in July to draft the motion came after Walters traveled to Rockford, Ill., in the spring to meet with then-Rockford Superintendent Dennis Thompson.

Thompson is now the superintendent of Collier County Public Schools.

"They went to dinner. He said he met with Dr. Thompson and he thought he was a terrific guy," Calabrese said.

Calabrese said Walters told him about the Rockford trip after he made it, and said he didn't tell or suggest Walters travel to Rockford to meet with Thompson. He also said he never asked Walters to act as an intermediary for the board and suggest to Thompson that there might be a position opening in Collier County.

Walters' name also came up while Fridkin was questioning Calabrese about e-mails he had received from Lawson and McShea.

In one of the e-mails McShea sent to Lawson and forwarded to Calabrese, she suggests Walters could replace Nancy Graham as principal at Naples High School.

"I fancied Terry in that position. He's smart, he knows the system and he's commiutted [sic], hungry, absolutely perfect for a job like this," she wrote.

When Calabrese was asked if he planned to make Walters principal, he said, "I have no authority to make anyone principal."

Fridkin then asked if Calabrese had talked to Thompson about making Walters principal.

"I don't recall. I might have, but I am not sure," he said.

After the proceedings, Fridkin said it was a good thing the community was learning what happened.

"The community will see the truth of how their government was not working on July 31," he said.

Fridkin said government officers are not allowed to use intermediaries to conduct public business in private.

"There are a lot of things that were done in secret'' that are now coming to the public's attention, he said.

Withers and Carlos Mustelier, the attorney representing the district, said Baker and Fridkin hadn't proven Calabrese acted improperly or outside the Sunshine law.

"There is no link whatsoever that Mr. Calabrese asked these people to go to board members for him," Mustelier said.

Calabrese said he never asked anyone to talk to Abbott or Donovan about Baker.

"There is no violation (of Sunshine laws) or a conspiracy," he said. "There was no need to -- Mr. Baker violated his own contract."

Baker has requested a judge rule that he enjoy all rights and benefits under his contract, including the right to serve as superintendent, until any lawful termination or expiration of his term.

Baker had indicated he intended to retire when his contract expired June 30, 2009.

The suit seeks damages for more than $15,000. In addition to compensatory damages involving the remainder of his contract, the suit also seeks interest on the money involved, as well as costs and attorney fees.

When he was fired, Baker made $207,000 a year plus benefits.

Walters is the next witness in the case who will be asked to give a statement under oath. His deposition is scheduled for 2 p.m. today.

 
 

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