An attorney for former Christina School District Superintendent Dan Shelton has filed a cease-and-desist letter demanding that the Christina school board stop actions he said are defaming his client and violating his rights.
In his letter, Attorney Thomas S. Neuberger names the four school board members who voted to oust Shelton: President Donald Patton, Vice President Alethea Smith-Tucker, Y.F. Lou and Naveed Baqir. He also cautions the board is violating the 14th Amendment, which provides a person the right to sue state government employees and others acting "under color of state law" for civil rights violations.
The school board voted 4-3 to oust its superintendent in July without giving an exact reason. The move punctuated an ongoing pattern of friction between board leadership and district administration as the school year gets ready to start in a matter of weeks.
"Somebody needs to take the step up and straighten out this mess," Neuberger told Delaware Online/The News Journal. "I believe the governor and the state should step in and impose a trusteeship on the school district.
"That's me speaking. Not my client."
If the district were placed under trusteeship, as he saw it, employees could be brought back and the school year could be started.
"If there is not a sufficient authority already in Delaware law to do that, the General Assembly should immediately pass a bill and the governor should sign it and get the educational system running for these kids."
The school district did not respond to requests for comment on this story. The school board's lawyer James McMackin said via email that he did not have authorization from the board to publicly comment.
CATCH UP: Christina board makes outside hire for interim superintendent in more 'turmoil,' infighting
What the letter says
Neuberger's letter to school board lawyer James H. McMackin III said Shelton is losing wages and benefits. "But most importantly here, unlimited damages to compensate him for the harm to his professional reputation and his emotional and physical distress," the letter states.
In his letter, Neuberger also points out his case against Sussex Vo-Tech in which his client, an assistant superintendent, claimed the school board punished her for helping to expose her former boss's misconduct.
A jury sided with his client, Carol C. Schreffler, in 2005 with a more than $1 million verdict.
"I think pointing out my million dollar judgment against Sussex Vo-Tech 20 years ago and giving them the jury verdict form showing awards personally against individual board members, and not just stuff that the insurance company will pick up, maybe it'll make some of these people wise up," Neuberger said.
State Education Department, lawmakers watching
State lawmakers have cautioned the school board for their lack of transparency.
The Delaware Department of Justice has also been keeping an eye on the situation, continuing its monitoring of all Christina school board meetings for the remainder of the year, due to violations of the Freedom of Information Act and open-meeting laws. Several Newark-area legislators had filed a complaint about these breaches with the department this spring.
Board President Patton said the board will be attending training on proper procedure.
The state's Secretary of Education Mark Holodick also addressed the board directly Tuesday.
"We have very consistent concerns with what has been shared in your public comments," Holodick told the board. He also noted the difficulty added to the recruitment and retention of educators in this climate, while the state is gearing up to release assessment data that will show some continued challenges.
"I implore you," Holodick said, "like you've already heard: Focus on students."
WHAT HAPPENED: Christina board pushes out superintendent of schools in marathon board meeting
Cease and desist letter sent to Christina school board by eparra3 on Scribd
Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com .
This article originally appeared on Delaware News Journal: Cease-and-desist letter sent to Christina school board cautions of lawsuit
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