A man who belongs to a gang known as the Lake Boyz, will be sentenced after being found guilty last month in a gang conspiracy case. [18] Even if this argument were valid, and only Brown's vote was improperly motivated, the School Board itself would still be liable, since the evidence showed that it took three affirmative votes to demote Laster, with Brown supplying the necessary third vote. Superintendent McCann credited Chadwell with being "instrumental" in this improvement. In a small community like Lee County, a school principal holds a highly visible public position, and the allegations of misconduct levied against Laster, and implicit in her demotion, were likely to cause her considerable humiliation and emotional pain. 155 Vo Tech Drive. Standing (Left to Right): Greg McKissick and Mary Edwards. 2015-2023 Lee County Schools. The Board operates according to Florida laws and Florida Department of Education regulations and it sets policy only when members meet in official session. Moreover, she did suffer the physical symptom of increased insomnia, and her distress continued for some time, even up to the date of trial. The plaintiff need only prove that her political affiliation or activities was a substantial consideration that made a difference in or influenced the decision. "[13] (Tr, II-140.) But during Tuesdays meeting, three parents and two students got up during public comment and singled out three books they say must go. Collier County Commissioner Chris Hall is proposing to establish Collier County as a Bill of Rights sanctuary. Supervisor of Human Resources and Instruction, Administrative Assistant to the Superintendent, LCCTC Principal and Administrator of Career and Technical Education (CTE), Medicaid Specialist and Accounts Payable Clerk, Administrative Assistant to Student Services, Student Assistance Program Counselor/Social Worker, Coordinator of Technology and Instruction, Instructional Technology Resource Teacher, If you have any issues or questions regarding the website please email webmaster@lee.k12.va.us. Site by Chase Computer Services, Inc. Lee County School District Strategic Plan, Literacy Based Promotion Act Annual Report, Mississippi Academic Assessment Program (MAAP), MS Educator Code of Ethics & Standards of Conduct, SBAC (School Based Administrative Claiming Program). [4] The parties stipulated at trial the difference between what the plaintiffs received in salary for the school years 2004-2005, 2005-2006, and 2006-2007, and what they would have received for those years had they not been demoted. Hensley testified at trial that he had no problems with Chadwell's job performance. One of the persons affected by the resolution on February 13 was Randi Sigmond who was transferred from her position as a middle school assistant principal' as a result of the student assault incident. Phone: 276-346-2107. Marion, and Phil Hensley had infringed their rights under the First and Fourteenth Amendments by demoting them on account of their political activities and membership in the Democratic Party. An award of punitive damages is entirely discretionary. Website. The pandemic was a tough time, and some people turned to alcohol to cope, but to double down, the pandemic made it easier to access booze. Keeping in mind that the evidence showed that there was no public or closed session discussion at the time of any of these reasons, the jury was justified in believing that Brown, having bided' his time for revenge, seized upon a pretext the preliminary SOL scores in order to get rid of Laster and that his allies Marion and Hensley went along with him. On a pretrial motion by the' defendants, I held that the transfer of Chadwell by the School Board was a legislative act because her position of Director of Elementary Education had been eliminated by the School Board. But it may take the opportunity that a student has to experience them in the safety of a fictional space.. (Defy.' Like Chadwell, Laster asserted that she and her family are active Democrats. Search results from our Services may contain copyrighted material and, if so, you may not use such content unless you obtain permission from its owner or are otherwise permitted by law. WebLee County Public Schools. After the present lawsuit had been filed, Hensley told her that she was "wasting her time" and that his vote was not based on politics, "but he certainly couldn't speak that same thing for John Marion and Gary Brown." The defendants deny that they were motivated by political considerations in' their decisions concerning the plaintiffs or that they violated the plaintiffs' constitutional rights. The salaries will be effective Jan. 1, 2024, which is when the new term begins for members elected in the November general election. Lee County School While the jury could believe that member Hensley indicated to D.J. II-142.) WebLee County Public Schools. II-60) McNiel corroborated this conversation, but McCann denied that he had ever made such a statement. In order for a plaintiff to prevail on her claim, you must find that the plaintiff's protected First Amendment conduct, that is, the expression of political opinion, participation in political associations, or engaging in political activities, was a substantial or motivating factor to a majority of the School Board in the adverse employment decision. (Tr. *601 Low test scores might well be a reason to demote a principal, but the defendants could not even consistently explain that rationalization. Copyright 2023 Fort Myers Broadcasting. Notices: PUBLIC HEARING NOTICE . Removing these books doesnt disappear them, it doesnt take violence, it doesnt take trauma, it doesnt take you know, explorations of sex, or sexuality or any of these things out of our lives or out of our experience, said Jordan Von Cannon, a literature and gender studies professor at FGCU. It sends a message that is not accurate. Even with a growing awareness of the crisis in pediatric mental health, children in minority communities are less likely to receive services compared to their white peers. Hensley joined them and Hensley had the list on a computer disc. WebThe Board further provides equal access to the Boy Scouts and other designated youth groups. Superintendent McCann testified without contradiction that the adoption of the resolution transferring Laster had required three affirmative votes. The Board operates according to Florida laws and Florida Department of Education regulations and it sets policy only when members meet in official session. If your answer to Question # 5 is Yes, go to Question # 6. [1] Board members Homer C. "Pete" Sumpter and Robert McNiel were also initially named as defendants, but were voluntarily dismissed by the plaintiffs prior to trial. Lee County School Board Ex. Depaoli v. Vacation Sales Assocs., L.L.C., 489 F.3d 615, 622 (4th Cir.2007) (quoting Rum Creek Coal Sales, Inc. v. Caperton, 31 F.3d 169, 175 (4th Cir.1994)). Ex. The Lee County Board of Supervisors will hold a Public Hearing on Tuesday, July 18, 2023 at 5:30 p.m. in the General District Courtroom of the Lee County Courthouse located in Jonesville, Virginia to solicit input on a Special Use Permit request. The last time the School Board adjusted salaries was 2015. Fax: 276-346-0307. "I am not trying to equate the board members school board members should make what Board of Supervisors make, but I am hard-pressed to believe having done this job for 12 years that the Board of Supervisors are doing three times or 300 percent more than the School Board members," said McLaughlin. The board's decision to transfer Chadwell can certainly be viewed as mistaken or even harsh. Fax: 276-346-0307. LEE COUNTY SCHOOL BOARD 2007). Both of them confirmed that her transfer was "being discussed." WebThe Board of Supervisors is the Governing body of Lee County, consisting of a five-member panel, representing each of the five districts in the county, elected to a four-year term. July 7, 2023 Stories you need to know [16] While the defendants presented evidence that Laster had violated a rule by having certain, political material photocopied at her school during the 2003 election, it was not contended that this violation was relied upon for her demotion, or was even known by the members of the School Board when they demoted her. Division Website. The fact that the plaintiffs Ms. Chadwell and Ms. Laster are Democrats is not, in and of itself, evidence of discrimination. [21], *602 In summary, Laster incurred a lengthy period of emotional harm, which she adequately detailed in her trial testimony. One of the plaintiffs was also awarded punitive damages. Lee County School Board Barker before the election that he wanted to get rid of Chadwell, no political motivation was mentioned. Schools in this Division. In Virginia, voters do not register by political party. Thus, the evidence showed that the Lee County political parties each nominated candidates for local offices by party conventions, but, like the school board candidates, those candidates' party affiliations did not appear on the ballot. Lee County School Board Ex. Brown said he had received complaints from school bus drivers that Laster want ed all of the three school buses serving the school to arrive at the same time in the morning, and if a bus arrived early, she would not allow the students to leave the bus. WebGeneral school information. In the most recent Fourth Circuit case on this issue, the court held that an award of $150,000 for emotional harm was justified where the plaintiff suffered distress, anxiety and frustration over a period of twenty-one months as a result of the defendant's conduct. Jonesville, Virginia 24263. 155 Vo Tech Drive. Lee County Virginia Lee County, Va Map results may not reflect school division or attendance zone boundaries. I-50), he was forced to admit at trial when confronted with the public campaign records that he had contributed over $7,000 to such candidates in the last few years, including the Republican candidates for President, Senator, and Governor, as well as to GOPAC, a Republican campaign fund. Id. Brown believed that the student was delivering the knife to someone who had purchased it during the school sale. III-3.). Presently before the court are the defendants' renewed motions for judgments' as a matter of law or for new trials; the plaintiffs' motions for back pay and other injunctive relief; and the plaintiffs' motions for attorneys' fees and expenses pursuant to 42 U.S.C.A. . Because Stickleyville was a small school, the addition of as few as two low scores from Harvest Home could have made a difference.[14]. WebLee County Public Schools. See Miller v. Cunningham, 512 F.3d 98, 108-09 (4th Cir.2007) (Wilkinson, J., dissenting). Standing (Left to Right): Greg McKissick and Mary Edwards. If your answer to Question # 3 is Yes, go to Question # 4. These cases, consolidated for trial, involve claims under 42 U.S.C.A. (internal quotations omitted). Jonesville, VA 24263. See BMW of N. II-224). Superintendent: Mr. Brian Dean. 1988(b) (West 2003). See Burtnick v. McLean, 76 F.3d 611, 613 (4th Cir.1996). Former Superintendent McCann testified *599 without contradiction that other school systems do not have a separate position of Director of Elementary Education; that Lee County is a "high-poverty" system; and that continuing enrollment decline and budgetary constraints were a concern of the School Board when it eliminated Chadwell's position. Other than the resolution, there was to discussion by the board members of the reasons for Laster's demotion, either tin public or closed session. at 5.) Finally, Brown said that he had been told that Laster was permitting excess food to be sold from the school to persons in the community without sales tax being paid. In this case there are multiple defendants. That a twenty-year school administrator would be fired without notice or warning because, as board member Marion testified, her school did not have the lunchroom that the board itself was obligated to provide, belies common sense.[20]. Griffith, had told him that one of the knives had been in the possession of a Stickleyville student on a school bus. He stated that there had been other reasons, "small things, candy sales, knife sales" (Tr. McNiel replied, "Politics. Has defendant Lee County School Board proved by a preponderance of the evidence that the Board would have voted to eliminate the position of Director of Elementary Education and transfer Ms. Chadwell to another position to save money or for other reasons other than her political affiliation? (Tr. 2d 690, 695 (W.D.Va.2006). The individual defendants also seek judgment in their favor as to the award of punitive damages of $15,000 each, or alternatively a remittitur or new trial as to this award. [24] However, the circumstance here were more than a mere transfer. [1], Chadwell first began working for the Lee County school system in 1980. He knew that Laster was a Democrat, and was campaigning against him, and he had been told that she had circulated a nominating petition for his opponent on school time. 275, 282 (4th Cir. Has plaintiff Mary Ruth Laster proved by a preponderance of the evidence that her political affiliation or activities were a substantial or motivating factor in Gary Brown's vote to transfer her from school principal at Stickleyville Elementary to another position? Elementary. School While the elimination of Chadwell's job was done early in the term of the new board, there was no house-cleaning of Democrats. Had I not determined to grant judgment for the School Board on Chadwell's claim, I would have also reduced her damage award to $50,000. [25], In determining the reasonableness of the number of hours, I will follow the factors set forth in Johnson v. Georgia Highway Express, Inc., 488 F.2d 714 (5th Cir.1974). Marion had been elected first in 1996, but the remaining members were newly elected. [24] In fact, of course, the parties stipulated at trial that Laster was paid $3,330 less than she would have earned as a school principal. (Tr. Lee County, Va *587 *588 *589 Edward G. Stout, Bressler Curcio & Stout, P.C., Bristol, VA, and Gerald L. Gray, Gerald Gray Law Firm, Clintwood, VA, for Plaintiffs. Lee County Schools and McCann replied, "Do something with Eleanor [Chadwell] (Tr. Hensley testified that he had voted to demote Laster because he knew that the Harvest Home scores were mistakenly included and brought down the school's scores, even though that was not her fault. While Ms. Chadwell's and Ms. Laster's cases are being tried together, you must consider each case, and the evidence relating thereto, separately. Fax: 276-346-0307. I-49.) Her husband was the elected county Treasurer and a Democrat. The plaintiffs contend that other members of the newly-elected board are Republicans[7]*592 Gary D. McCann, a Democrat, was the Division Superintendent, the chief administrative officer of the Lee County school system. Smith v. Wade, 461 U.S. 30, 56, 103 S. Ct. 1625, 75 L. Ed. Lee County Lee County The defendants have moved for a new trial or remittitur as to the compensatory and punitive damages imposed in Laster's case, on the ground that they are excessive. She had never received counseling before, even when she had almost lost her son, and she had dealt with that circumstance better than this one. WebLee County Public Schools. [10] Hensley claimed at trial that at this time McNiel asked Superintendent McCann, "Is there anything we can do?" Jonesville, Virginia 24263. You must make a separate determination whether each defendant acted wantonly. WebThese cases, consolidated for trial, involve claims under 42 U.S.C.A. 1983 (West 2003) by two employees of the School Board of Lee County, Virginia ("the School Board") that they were demoted because of their political affiliations.
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