Negotiations stall in teacher suit against Gentry Schools

— Gentry’s school board heard of a settlement offer made by former Gentry teacher Eleanor McCrary at its March 26 meeting and authorized district superintendent Randy Barrett to make a counter offer and seek to negotiate a settlement before yesterday’s trial date, but no agreement had been reached as of press time yesterday.

McCrary, through her attorney, offered to settle the case for a one-time payment of $100,000 and a reinstatement to her teaching position.

According to Barrett, the school district’s attorney urged the board to consider the offer because the cost to the district would likely be almost twice that amount if the case went to trial and the school district did not successfully defend against the suit. Should the judge determine malice was involved, double indemnity could be applied, making the cost to the district in the range of $320,000, Barrett said.

The case came about when McCrary did not sign and return her teaching contract in the summer of 2009 - even after a second copy was sent to her - and did not report for work on the first day for teachers to return in August.

“I thought Mrs. McCrary rejected the contract and didn’t show up for work,Barrett said. “I believe she quit. She believes she was wrongfully terminated.”

School board members did not accept McCrary’s settlement offer but authorized Barrett to negotiate a settlement which included a one-time cash payment but not her former teaching post in the intermediate school.

Board members agreed that to rehire her as a teacher in the district after the suit would likely cause hard feelings among other teachers who have had to forego salary increases for a number of years because of the school district’s financial situation. A large cash payment to settle the suit could also jeopardize pay increases for staff.

No openings were anticipated in the coming year at the intermediate school, according to Denise Waters, the school’s principal.

Board members questioned too why McCrary, if she wanted to work in the school district, did not reapply for a teaching position in the years following her leaving the school district’s employment.

While no firm dollar amount was included in the motion to authorize negotiations, board members stated the amount should not exceed the amount in the offered settlement from McCrary and should not include reinstatement to a teaching position in the district.

Those negotiations apparently failed.

News, Pages 8 on 04/04/2012