Smith appealing decision denying him school pay

DECATUR — Former superintendent Dave Smith is appealing Benton County Circuit Court Judge Doug Schrantz’ ruling on Smith’s lawsuit against the Decatur School District.

According to court documents, Smith’s attorney, Randy Coleman, filed an appeal with the Arkansas Court of Appeals on March 31. On Feb. 22, Schrantz ruled in the Decatur School District’s favor, relieving the school of any financial obligation to the former superintendent.

Smith originally filed a lawsuit against the school on Nov. 21, 2008, to receive compensation for the remainder of his three-year contract - which could amount to more than $300,000. Smith received pay for only onemonth of his three-year contract.

When the district was threatened with fiscal distress and possible annexation in July of 2008, the school board voted to suspend Smith withpay. Later that month, the Arkansas Board of Education took control of the district and voted to suspend Smith without pay.

David Matthews, the attorney representing the Decatur School District, said the appeal process will take about one year. Twelve judges preside over the Arkansas Court of Appeals in Little Rock, but serve in three judge panels.

A three-judge panel will review everything that has happened in the case so far and decide if Schrantz made the right decision. They will also review briefs from both parties, he said.

There is the possibility the case could be heard in the Arkansas Supreme Court because it is a “case of first impression,” meaning the appellate court has never ruled on a similar case before. If the appellate court decides Schrantz made the right decision, Smith can still appeal the case to the state Supreme Court. But once the Supreme Court has made a decision, Smith will not be able to appeal, Matthews explained.