A former Coffee County Schools Superintendent has sued the board of education that previously employed him.
Dr. Donald R. McPherson filed suit in Coffee County Circuit Court against the CCBOE members, named both individually and in their capacity as BOE members, July 8.
McPherson served Coffee County Schools as superintendent from 2011 until July 9, 2015 when a separation agreement was signed between the superintendent and then board president Garland “Shag” LaPrade.
By a 4-3 vote, the CCBOE directed McPherson, whose superintendent contract ran until June 30, 2019, to serve as special consultant to the school system. At that meeting LaPrade, Mike Bailey, Brian McLeod and Galen McWaters voted in favor of ending McPherson's term. Jimmy Clark, Rubin McKinnon and Larry Eddins voted against the motion.
Following the board decision, LaPrade said that the separation of McPherson and the board was a mutual decision.
“The term of Dr. McPherson serving as superintendent of the Coffee County Board of Education ended tonight as a result of ongoing negotiations between Dr. McPherson and the board,” LaPrade said at that time. “Dr. McPherson's contract has been concluded by mutual agreement. The separation agreement between Dr. McPherson and the board will fully and finally resolve all differences between the board and Dr. McPherson.”
Compensation for McPherson’s services as special consultant was $21,037.50 per month, for up to 12 months. McPherson was authorized benefits and health insurance, and the board agreed to pay for his retirement.
The separation agreement also detailed BOE payments to McPherson contingent upon a variety of timelines in which McPherson would potentially find employment elsewhere but stated that the
board would have no obligation to make payments to McPherson after June 30, 2016, regardless of his employment status.
The separation agreement states that the mutual agreement was not to be construed as an admission that the board or McPherson “committed any wrongdoing whatsoever.” The agreement also stated that the CCBOE members would make no disparaging remarks about McPherson and McPherson agreed to make no disparaging remarks about the board.
The CCBOE also agreed that it would provide a neutral recommendation to any entity seeking information regarding McPherson’s employment with the board.
In his lawsuit, filed by Dothan attorney Thomas Brantley, McPherson cites breach of contract and defamation as cause for his legal complaint.
In the lawsuit, McPherson acknowledged that the board paid $20,350 to the Retirement Systems of Alabama over 11 months in compliance with the separation agreement. “The Retirement Systems of Alabama, however, returned those funds to the Coffee County Board of Education,” according to the lawsuit and the CCBOE “has refused to pay (McPherson) the monies that he is due under the settlement agreement.”
In the lawsuit, McPherson references “an impromptu speech” about the settlement agreement that LaPrade made at a Republican Women of Coffee County lunch meeting that was “memorialized” in an article that The Southeast Sun wrote about the meeting and subsequently posted online. “In said article LaPrade “breached the settlement agreement by disparaging (McPherson).”
In the lawsuit, McPherson asks the court for reimbursement of attorney fees and an “amount to be determined” by the court for “compensatory and punitive damages.”
No court date has been set.
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