MUSD wrongful non-renewal suit dismissed

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The lawsuit against former Maricopa Unified School District Superintendent Dr. John Flores and the governing board, alleging that they wrongly chose not to renew four employees’ contracts, has been dismissed in Pinal County Superior Court.

In total the suit alleged nine counts against Flores and the governing board.

Those counts were negligent supervision, breach of contract, violation of district and public policies, intentional infliction of emotional distress, negligent infliction of emotional distress, breach of covenant of good faith and fair dealing, violation of Arizona open meeting laws, employment discrimination, violation of first amendment rights and violation of rights against retaliation for whistle blowing.

For these charges the plaintiffs’ lawyer was seeking compensatory damages, past and future lost wages, attorney fees, punitive damages and a declaration stating that all action taken against the plaintiffs was null and void.

In the lawsuit former MUSD employees Before and After School Program director Julie Jimenez, curriculum director Gayle Smith, Pima Butte Principal Janelle Lowey and maintenance director Ken Floyd alleged that MUSD governing board members and staff illegally held meetings to discuss their futures. The suit also alleged that governing board member Jim Chaston created a ‘hit list’ that contained the names of school employees he intended to fire (see related story).

In addition to Chaston meeting with board members in an attempt to persuade them in which manner to vote, the suit alleged that former district superintendent John Flores also met with the board members in an attempt to persuade them not to renew the contracts on Chaston’s ‘hit list.’

The suit also alleged that the MUSD governing board illegally went into an executive session at an April 2007 meeting to discuss the contracts of the plaintiffs.

The district’s attorney, Don Johnson, informed board members of the dismissal last Tuesday. However, an appeal process could still be initiated.

File photo