How do you avoid a lawsuit?
Come to an agreement.
That’s how Oxford Schools decided to handle a dispute with former Chief Operations Officer Pam Anstey, according to a Memorandum Agreement signed by Anstey and former Superintendent Dr. William Skilling. The memorandum was made public last week due to a Freedom of Information Act (FOIA) request from TEAM 20, a private group opposing the school district on many issues, including the controversial Weiming dormitory.
According to the memorandum agreement, which was entered into on April 23, Anstey ‘voluntarily resigned from any and all employment with the school district effective June 30, 2015.? She was also ‘granted an administrative leave of absence? commencing April 27, 2015 and continuing through the effective date of her resignation. During that time, Anstey will continue to be paid her wages/compensation ($130,000 salary plus portion of her annuity $25000 = $155,000) and other benefits will continue.
In further consideration of her resignation, the district agreed to pay her an additional $30,000 by no later than the last day of her contract.
‘This gross amount will be reduced by any sum Ms. Anstey may designate as being payable to the law firm of Pitt, McGehee, Palmer & Rivers P.C.,? stated the memorandum agreement.
According to their website Pitt, McGehee, Palmer & Rivers ‘is one of the largest and most experienced employment and civil right law firms in Michigan.?
The agreement also prevents both the district and Anstey from making any ‘false, negative or disparaging statements (written or verbal) about each other, any of their Board of Education members, officials, agents or employees.?
Not only is Anstey receiving additional pay, she was also given a ‘letter of recommendation? by Skilling.
‘I have been in education for 35 years and have served in an administrative capacity for 24 years I have never worked with a more competent business official,? Skilling wrote.
Anstey was praised for putting new procedures and controls in place when it came to the hiring of personnel.
‘If you are looking for a Chief Financial Officer to help structure your business operations to make it more efficient and productive, Ms. Anstey is your person,? Skilling wrote. ‘I give Pam Anstey my highest recommendation.
According to the agreement, the letter of recommendation was also to be placed in Anstey’s personnel file as a replacement for a previous recommendation Skilling wrote, except in that one, he recommended not renewing her contract with Oxford Schools.
‘In addition, the Memorandum written by Skilling recommending that Employee’s contract not be renewed and the supplemental memorandum setting forth the basis for the recommendation will be removed from Employee’s (Anstey) personnel file, if it was placed there, and destroyed.?
This reporter was unable to reach Anstey for comment given she’s no longer working at the school district’s central office in downtown Oxford. This reporter was also unable to get a comment from her attorney by press time.
TEAM 20 has sent a second FOIA requesting the memorandum that was said to be destroyed.
‘It is against the law to destroy documents that have been FOIA-ed or in relation to employment issues,? said Kallie Roesner-Meyers, a TEAM 20 leader. ‘Those are public records and can not be destroyed.?
All personnel files are kept by the districts Human Resources Department. Assistant Superintendent of Human Resources Nancy Latowski, was asked last week by this reporter, if the letter existed.
‘I have never received that document,? Latowski responded. ‘Nor is it in the personnel file.?
Roesner-Meyers said TEAM 20 is threatening a law suit if the ‘destroyed document? is not produced.
‘We fully intend to take them to court and have already begun narrowing down our choices of attorney that we are going to use,? she added. ‘This is not a bluff.?
Roesner-Meyers further said any destruction of documents is in complete violation of the law. According section six of the Revised School Code, Act 451 of 1976
It states, ‘The board or an official of a school district… shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement or any other contract or agreement that has the effect of suppressing information about unprofessional conduct of an employee or former employee or of the expunging information about that unprofessional conduct from personnel records. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable. This subsection does not restrict the expungement from a personnel file of information about alleged unprofessional conduct that has not been substantiated.?
TEAM 20’s request to have the memorandum agreement discussed and explained to the community at the May 13 school board meeting was denied by President Jim Reis.
In his response, Reis simply stated that the request was denied, but did not offer an explanation as to why.
When Superintendent Tim Throne was asked about the agreement, he said he was ‘limited? as to what he could say.
‘All I can say is the district and Mrs. Anstey have mutually agreed to part ways,? he said.