c APRYL D. HUSTER, 2015-S-47 SARA M. LAIRD, RHONDA S. MYERS, Concerned Citizens AND PAMELA MIKESELL, MARCY VAN METRE, and LIONEL R. WHITCOMB, JR., Directors Fairfield Area School Board IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA CIVIL or KH ek wneR a 9 v 10 | CHARLES P. HATTER, RICHARD H. MATHEWS, é 11 | WALTER (MICKEY) M. BARLOW, 2 AGATHA H. FOSCATO, and 12 | BRUCE A. LEFEBER, Directors Fairfield Area School Board 13 ORDER OF COURT 14 a 15 AND NOW, this 21" day of January, 2015, upon consideration of the attached Petition filed January 16, 2015, itis ordered that: 16 1. Atule is issued upon Defendants to show cause why Plaintiffs are not entitled to 17 the relief requested, 18 2. Defendants shall file an answer to the Petition within twenty (20) days of service upon them. If no answer is fled, the Court may grant such relief as it deems a appropriate after Plaintiff file a Praecipe directed to the Court stating the date of 20 service of the Petition, averring that no answer was filed and requesting that the 21 Petition be granted. oat 3. fan answer is filed, the Petition shall be decided in accordance with subsequent directives from the Court 23 4. Notice of the entry of this Order shall be provided to all parties by Plaintif. 24 BY THE COURT, 25 Deputy ProthonotaryIN THE COURT OF COMMON PLEAS ADAMS COUNTY, PENNSYLVANIA APRYL D. HUSTER, SARA M. LAIRD, RHONDA S. MYERS, concerned residents AND PAMELA P. MIKESELL, MARCY A. VAN METRE, and LIONEL R. WHITCOMB, JR., Directors Fairfield Area School Board, Plaintiffs Case No. 2015-S- 47 vs. 9° € Wd ST NEP Sloe AUYLONOHLOUd CHARLES P. HATTER, RICHARD H. MATHEWS, WALTER M. BARLOW, AGATHA H. FOSCATO, and BRUCE A. LEFEBER, Directors Fairfield Area School Board, Defendants Civil Action Law PETITIO! COMES NOW, the Plaintiffs, by and through their attorney, John S. Phillips, Esq., and files this Petition and in support thereof aver as follows: 1. Plaintiff is Apryl D. Huster, a registered voter who resides within the Fairfield Area School District at 3 Field Trail, Fairfield, Pennsylvania 17320. 2. Plaintiff is Sara M. Laird, a registered voter who resides within Fairfield Area School District at 35 Faith Lane, Fayetteville, Pennsylvania 17222. 3. Plaintiff is Rhonda S. Myers, a registered voter who resides within Fairfield Area School District at 579 Water Street, Fairfield, Pennsylvania 17320. aad4. Plaintiffs are Pamela P. Mikesell, Marcy A. Van Metre and Lionel R. Whitcomb, Jr., , Fairfield Area School Board Directors, whose official address is c/o Walter M. Barlow, Secretary, Fairfield Area School Board, 4840 Fairfield Road, Fairfield, Pennsylvania 17320. 5. Defendants are Charles P. Hatter, Richard H. Mathews, Walter M. Barlow, Agatha H. Foscato, and Bruce A. Lefeber, all of whom are Fairfield Area Schoo! Board Directors, whose official address is c/o Walter M. Barlow, Secretary, Fairfield Area School Board, 4840 Fairfield Road, Fairfield, Pennsylvania 17320. 6. Per Pennsylvania School Code of 1949, §10-1073(b), “at a regular meeting of the board of school directors (emphasis added) occurring at least one hundred fifty (150) days prior to the expiration date of the term of office of the district superintendent, the agenda shall include an item requiring affirmative action by five or more members of the board of school directors to notify the district superintendent that the board intends to retain him for a term of three to five years or that another or other candidates will be considered for office.” 7. There was no agenda item or action taken at any public meeting of the Fairfield School Board notifying the public and Superintendent William Chain that the Board intended to retain him or that they would be considering other candidates.8. At the December 1, 2014 public meeting of the Fairfield Area School Board, the Board voted 5 to 3 to accept the purported irrevocable resignation of Superintendent Chain effective December 23, 2014 and to appoint Karen Kugler as Substitute Superintendent through June 30, 2015. 9. On December 3, 2014, Plaintiff Sara Laird filed a Right to Know Request for certain information including a copy of the Irrevocable Letter of Resignation and the Settlement and Release Agreement between the School Board and Superintendent Chain. Sara Laird received a copy of the Agreement on or about December 20, 2014. A copy of said documents is attached hereto as Exhibit “A.” 10. The Irrevocable Letter of Resignation was executed by Superintendant Chain and the Settlement and Release Agreement was executed by the School Board and Superintendant Chain prior to the December 1, 2014 Board meeting. 11. Although the Agreement states that the “District has notified Chain that it will not retain Chain as Superintendent following June 30, 2015, and will be considering other candidates for the position of Superintendent,” there was no action item at any prior public Board meeting at which the Superintendent and the public were notified by the District of its intent. 12. ‘The actions of the Defendants violate the Pennsylvania Public School Code of 1949, 24 P.S. §10-1073.COUNT II 13. Plaintiffs incorporate by reference the averments contained in Paragraphs 1 through 12 above as though fully set forth herein. 14. On December 1, 2014, at approximately 5:00 p.m. without full knowledge by all eight Board Directors two new action items were added to the December 1, 2014 School Board meeting agenda that had been published earlier on the School District website. The new items appear under Section XVI Other Action Items: A. The Board of School Directors hereby accepts the irrevocable resignation of Mr. Bill Chain, effective June 30, 2015. In addition, as of December 23, 2014, Mr. Chain shall be on paid administrative leave of absence for the remainder of his contract term. —_B. Pursuant to Section 10-1079 of the public school code, the Board of Directors hereby appoints Ms. Karen Kugler as Substitute Superintendent during the time of Mr. Chain’s paid administrative leave of absence. The agenda of said Board meeting is attached hereto as Exhibit “B”. 15. At the December 1, 2014 Board meeting, with no discussion or deliberation in front of the public, the Board voted five to three to accept Superintendent Chain’s resignation with Board members, Pamela Mikesell, Marey Van Metre and Lionel Whitcomb, voting to reject his resignation. ‘The minutes of said Board meeting are attached hereto as Exhibit “C”.16. At said Board meeting during public comment Plaintiff Apryl Huster raised an objection under the Sunshine Act. See 65 Pa. C.S.A § 710.1. 17. The three minority Board Directors were frozen out of the process as they saw only the Irrevocable Letter of Resignation signed by Superintendent Chain. Prior to the motion and call for a vote, these three Board Directors did not see the Settlement and Release Agreement that had been signed that afternoon by Board President Charles P. Hatter and Superintendent Chain, Hiding the details of the Agreement from the full Board of Directors is a violation of the Sunshine Act in that a majority of the Directors had decided to not retain Superintendent Chain prior to the December 1, 2014 meeting, and had done so without the knowledge of the other Board members and outside the public meeting process. 18. Defendants, a majority of the Fairfield Area School Board, deliberated, discussed and made a decision outside of a public meeting to have a Settlement and Release Agreement drafted by the Board Solicitor to force Superintendant Chain to resign without ever announcing at an open public meeting their intent to not renew his contract. 19. Defendants deliberated, discussed and made a decision outside of a public meeting to enter into the Settlement and Release Agreement. 20. Official action and deliberations by a quorum of the members of a public school board must take place at a meeting open to the public unless such meeting is closed pursuant to specific sections of the Sunshine Act, 65 Pa.C.S.A. § 701. 521. Pursuant to the Sunshine Act an executive session of an agency may be held during an open meeting, or may be announced for a future time. The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session, and if the executive session is not announced for a future specific time, members of the agency must be notified twenty-four (24) hours in advance of time of the convening of the meeting specifying the date, time, location and purpose of the executive session. 65 Pa.C.S.A. § 708. 22. The time and purpose of the executive session held just prior to the public Fairfield School Board meeting of December 1, 2014 was not announced at a prior public meeting nor to the members of the agency twenty-four (24) hours in advance of the executive session. 23. Notification of the executive session for the purpose of informing them of the resignation and Settlement and Release Agreement and the appointment of a substitute superintendent was given to the three agency member Plaintiffs at about 5:00 p.m. on December 1, 2014 at that same time they were informed that these action items had been added to the agenda and after the Settlement and Release Agreement was executed on behalf of the District. 24. The three agency member Plaintiff's saw the signed resignation and were told highlights of the Settlement and Release Agreement by the Board Solicitor just prior to the December 1, 2014 regular meeting. Plaintiff Lionel Whitcomb asked to read it, but he 6was given only had a few minutes to scan the agreement and no time to digest its contents. Plaintiffs Pamela Mikesell and Marcy Van Metre were not given any opportunity to even scan it. The three agency Plaintifi’ had no time to read and digest and ask questions prior to the vote on the resignation being called for at the December 1, 2014 public meeting. ‘The agency member Plaintiffs were not informed that the basis of the resignation was that Superintendent Chain had been notified he would not be retained. 25. ‘The agency member Plaintiffs did not have an opportunity to read and understand the Settlement and Release agreement until given a copy from Sara Laird’s Right to Know Request. WHEREFORE, Plaintiffs pray and respectfully request this Honorable Court that all actions taken by the Board relevant to Superintendent Chain’s contract be considered null and void and to reinstate William Chain as Superintendent per the terms of his unexpired contract. Respectfully submitted, 18) JOHN S. PHILLIPS 101 West Middle Street Gettysburg, PA 17325 Attorney for Plaintiffs Date: fue _, 2015VE ICA N I, Apryl D. Huster, verify. that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Opapete ant Date:__/-/G__, 2015VERIFICATION I, Sara M. Laird, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswor falsification to authorities. Date:__/~/é 2015VERIFICATION I, Rhonda S. Myers, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. honda S. Myers Zo ,2015VERIFICATION 1, Pamela Mikesell, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. a Bra tibhesa lO Pamela P. Mikesell Date:__/-/ » 2015VE ATL 1, Marcy A. VanMetre, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. wy (Neh Marcy A. VanMetre Dates, fo/6 _7 2018 12VERIFICATION 1, Lionel R. Whitcomb, Jr., verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 ghee Lionel R. Whitcomb, Jr. Pa.C.S. Section 4904, relating to unsworn falsification to authorities.Exhibit A IRREVOCABLE LETTER OF RESIGNATION I, WILLIAM B. CHAIN, III, hereby submit my irrevocable and voluntary resignation for personal reasons and for retirement, from my employment with FAIRFIELD AREA SCHOOL DISTRICT, effective June 30, 2015, in accordance with the terms and conditions of the Settlement and Release Agreement executed on this same day. T acknowledge and agree that the ‘School Board is not required to provide me further public notice under 24 P.S. § 10-1073(b) that the Board will be considering other candidates for the Superintendent position and does not intend to renew my contract, term, or commission. Itis expressly understood that the School Board's acceptance of my resignation shall constitute the Board's agreement to all the terms and conditions of the Settlement and Release Agreement and the authorization of the appropriate officials to execute same. Lae Signature: _ Date:__'? William B. Chain, 111SETTLEMENT AND RELEASE AGREEMENT EMENT AND RELEASE AGREEMENT “This Settlement and Release Agreement (“Agreement”) is made this 1* day of December, 2014 (“Effective Date”), by and between the FAIRFIELD AREA SCHOOL DISTRICT ( District”) and WILLIAM B. CHAIN, III (*Chain”). WHEREAS, Chain has served as Superintendent for the District since 2007; WHEREAS, in November 2009, Chain entered into a five (5) year extension of his Employment Agreement with District that is set to expire on June 30, 2015; WHEREAS, a dispute has arisen between the parties relative to Chain's retention as Superintendent; WHEREAS, District has notified Chain that it will not retain Chain as Superintendent following June 30, 2015, and will be considering other candidates for the position of ‘Superintendent; WHEREAS, based on that notification, Chain has decided to irrevocably voluntarily resign his postion as Superintendent and retire from the District as of June 30, 2015; WHEREAS, District has offered to provide Chain with certain severance pay and benefits; and WHEREAS, Chain is desirous of receiving such severance pay and benefits and is willing to agree to the terms and conditions attached thereto, including the release of any possible claims against District. NOW, THEREFORE, intending to be legally bound hereby, it is mutually agreed as follows: 1. ADMINISTRATIVE LEAVE. Effective December 23, 2014, District will place Chain on paid administrative leave through June 30, 2015. Chain will remain as the ope 20261 1Superintendent through December 22, 2014, with a substitute ‘Superintendent taking over at the initiation of his administrative leave on December 23, 2014. 2. _ EFFECTIVE DATE OF TERMINATION. Chain’s Effective Date of Termination will be June 30, 2015, and shall constitute the end of his Employment Agreement 3 SEVERANCE PAY AND BENEFITS. Provided that Chain enters into this ‘Agreement, including an Irrevocable Letter of Resignation, and returns it to the District on or before December 22, 2014, Chain shall receive all pay and benefits under his current Employment Agreement through the Administrative Leave period until his retirement and resignation date of June 30,2015. Chain shall receive such payment regardless of whether he engages in other employment outside of the public school system. More specifically, Chain will receive: a. As outlined in Section 4 (SALARY) of his current Employment Agreement, in Jieu of the longevity supplement in the Distric’s Act 93 Plan, the $2,000.00 longevity increase he was otherwise entitled to in year five (5) of his contract, that he has previously disclaimed, to be paid over the length of his administrative leave. b. As outlined in Section 6 (LEAVES OF ABSENCE AND SICK LEAVE) of his current Employment Agreement, Chain shall receive payment for any accrued, but unused vacation days for the 2014-2015 school year (believed to be fourteen-14- days as of December 1, 2014). c. As outlined in Section 6 of his Employment Agreement, Chain will receive payment for all accrued but unused sick days, without limitation, that he has accrued in the District, effective his date of retirement, June 30, 2015 at the rate of $200 for each (believed to be 138 days as of December 1, 2014). 202611 24. Chain shall be paid for his accrued but unused personal leave, as accrued in the 2014-2015 school year, as set forth in the Act 93 Plan, which shall be paid at the date of his retirement/resignation (believed to be four (4) days as of December 1, 2014) . Effective after his retirement, June 30, 2015, Chain shall be entitled to the Health Insurance Retirement Incentive as set forth in the current Act 93 Plan, which reads as follows: The Administrators shall receive a health insurance retirement incentive of $3,000 paid per school year, beginning in September of the year following retirement, provided the employee does not continue enrollment in FASD health insurance. ‘Annual payments of $3,000 will be paid until the employee reaches the age of 65 years (Medicare enrollment age) each year in September. 1) the employee must submit a written irrevocable letter of resignation for purposes of retirement to the Superintendent's Office no later than the close of business on March 1; and, 2) the employee must actually retire with an effective date on or before the beginning, of the next school year. 4. IRREVOCABLE LETTER OF RESIGNATION. Upon execution of this ‘Agreement, Chain will submit the irrevocable letter of resignation attached as Exhibit A. Chain acknowledges and agrees that District's School Board is not required to provide him any additional notice under 24 P.S. § 10-1073(b) that the Board will be considering other candidates for the Superintendent position and will not renew his Contract, term, or commission. Chain also acknowledges and agrees that appropriate notice was provided under Paragraph 9(D) of the Employment Agreement. In addition, the parties agree that the Board's acceptance of Chain’s irrevocable letter of resignation, and public vote on said acceptance at a public meeting, shall constitute agreement to the terms of this Settlement Agreement and Release without further required vote or reference, 02611 3