By Larry Coonrod , Lebanon Express writer | Posted: Wednesday, March 12, 2008 12:00 am
Says non-renewal of superintendent's contract made issue moot
School Board member Rick Alexander has dropped a suit seeking a declaratory judgment on whether the school board can vote to not renew Superintendent Jim Robinson's contract without an adverse performance review.
Alexander dismissed the suit, which named Robinson and the Lebanon Community School District as defendants, March 10. The dismissal came on the same morning that oral arguments on the defendants' motion to dismiss were to be heard in Linn County Circuit Court.
After the board approved a poor performance review and voted 3-2 against renewing a one-year extension of Robinson's contract on March 3, the declaratory judgment became moot, Alexander said.
"Under these circumstance, I didn't think it was necessary to devote further time or financial resources obtaining a court ruling that has been overtaken by events," Alexander said in a written statement.
Robinson's $117,000 year contract expires on June 30, 2010.
Alexander filed the declaratory judgment on Nov. 20, 2007, through his attorney Paul Meadowbrook, seeking clarification on ORS 342.513. Meadowbrook amended the filing on Nov. 23 asking for a ruling on ORS 342.815, which was the applicable statute.
Alexander filed the suit without notifying other board members, saying "I want to know if I vote not to renew (the contract) I won't be sued."
The district's attorney for the case, Peter Messereau, and Robinson's attorney, James Brown, filed motions for dismissal in December.
Alexander said in dismissing the suit he is giving Robinson the benefit of doubt that he won't sue over the non-renewal of his contract.
"I'd just like to see the dust settle down so we can go back to educating students," Alexander said.
Asked if the issue of not renewing a contract without a poor performance review isn't an issue the board may have to deal with in the future, Alexander said he expects that the next superintendent will have a contract that makes clear the board's authority to dismiss without an unsatisfactory evaluation.
Attorneys for Robinson and the district were unavailable for comment.