That $25,000 payment to the superintendent
The amendment to Dr. Craig Hitchens' contract with the extra $25,000 was "for additional and unanticipated duties related to the April 2005 referendum." See his contract on "ontheborderline.net."
Either Hitchens is one great negotiator or the New Richmond School Board is in over its head. I vote for the latter. I have never seen a job description that didn't have a list of duties including a clause that reads, "...and other duties as may be assigned."
At Hitchens' salary of $55.00/hr, the additional $25,000 would buy 454 hours of effort.
Some questions. When the referendum was assigned did the school board have any idea how much extra effort would be required? Did Hitchens? Why wasn't this task lumped into "other duties as may be assigned"?
It's obvious the school board was in over its head. This needs to be corrected in the April election.
posted by Bob Ziller @ 3:35 PM
6 comments
6 Comments:
Is it "obvious the school board was in over its head"? Or is this a case that a majority of the school board members voted for a plan that you don't agree with? That is what you seem to be implying here.
Not being in the negotiations, I don't know what tranpired to bring about the $25,000 payment. The intent of the voting majority was to get Hitchens out of the picture and to move on.
When you state, "This needs to be corrected in the April election," am I to assume that there is a pre-determined; political agenda of this blog site, e.g., to replace the school board members who voted to give Hitchens the $25,000? That doesn't sound like an open forum to me.
You are exactly right in your first paragraph.
I have Hitchens' original contract, the amendment (from ontheborderline.net.)and his job description.
The school board (voting 4-3 or more) made a tactical error in phrasing his $25,000 as additional and unanticipated work on the referendum. The job description states, "Perform any and all duties prescribed by the Board of Education..." Therefore the board was under no contractual obligation to pay the $25,000. They wanted him out of the district and Hitchens negotiated a contract that he thought would be more favorable to his retirement payments and IRS treatment
Some bloggers are flying with this as a bonus. I'm not.
This blog was started as a forum for issues and discussion. I was interested in a blog closer to NR.
Everybody has an agenda. If this blog kept off those who do not have a predetermined agenda, I would have to shut it down.
This comment has been removed by a blog administrator.
At the OTBL web site, there is considerable discussion on the vote to buy out Hitchens' contract. I thought it relevant to paste it in here to stimulate additional discussion on this website.
-------------------------------
Open Records Violation in New Richmond?
Filed under: Education New Richmond --- N. Onimous @ 3:06 pm
____________________________________________________________________________
December 1, 2005
Ms. Deb Heyerdahl
New Richmond School District
701 E. 11th Street
New Richmond, WI 54017
RE: Open Records Request
Dear Ms. Heyerdahl:
This letter is to confirm and reiterate my request for a signed copy of Dr. Craig Hitchens' revised contract. Pursuant to open records law, Wis. State 19.35, I ask that I be provided with said document immediately, as my initial request was made nearly one month ago, i.e. November 3, 2005.
I am told by WASB that this document should have been made available within 24 hours of its signing. I believe that your continued delay in releasing this document is in violation of Wis. Stat. 19.35, in that you have far exceeded WASB's recommended amount of time in which to furnish me with this document.
By copy of this letter, I am asking Attorney General Lautenschlager for her help in this matter, as the School District of New Richmond continues to violate open records requests.
Sincerely yours,
William Brennan, Jr.
New Richmond
cc:
Ms. Peggy A. Lautenschlager
Wisconsin Attorney General
114 East, State Capital
Madison, WI 53702
Pdf copy of actual letter here
PDF File
3 Responses to “Open Records Violation in New Richmond?”
NR Resident Says:
December 1st, 2005 at 4:41 pm
Why the secrecy? Let the taxpayers see what they are being stuck with!
Who is Deb Heyerdahl trying to protect?
The New Richmond News reported the Board members who voted for this $100,000 pay-off and $25,000 bonus for Mr. Hitchens at the October 2005 School Board meeting were:
Lester Jones, Chair
Chris Skoglund
Deanna Cook-Shannon
Dr. Gregg Demulling
Interesting…….but let’s go back a bit.
At the School Board Meeting on April 19, 2004, Dr. Greg Demulling made the motion, which was seconded by Deanna Cook-Shannon, to extend Hitchens contract by an additional 12 months. Chris Skoglund also voted in favor of this.
Why did they do this at this April 19 meeting? Hitchens contract did not expire for another 10 weeks on June 30, 2004. More importantly, at the same meeting, and just minutes prior to the contract extension vote, the new Board members were sworn in to start serving beginning at the May 2004 meeting. You see, there was an election earlier in April and Dr. Demulling lost his bid for re-election (he was subsequently elected to the Board again in April of 2005).
So at this lame-duck meeting, he goes ahead and extends Hitchens contract for an additional 12 months before the contract was even available to be extended. And Dr. Demulling did this knowing the voters had just rejected his re-election bid.
Who’s interest did Greg Demulling have in mind when he voted to do this? What was he trying to do? Well, it is easy to see what the result was.
Here is the Hitchens legacy, which Dr. Demulling is responsible for delivering to New Richmond taxpayers, students and teachers:
· Brings a referendum to a vote with no plans, drawings or concepts to show voters
· Selects parcel of land near airport that WI DOT will not allow a school to be built on
· Refuses to disclose letter from WI DOT stating parcel of land will not work
· Insists referendum continue despite alternative options
· Referendum fails
· $3 million lawsuit filed against the taxpayers of the District for firing a Principal rather than politely accept her resignation
· Install portable classrooms at East Elementary School
· Rig bid-process for installation or portable classrooms out of spite against a local contractor who questioned school referendum plans at local informational meeting
· Leave District with $100,000 buy-out payment in return for no work to the District for the next 8 months
· Convince 4 Board members to give him a bonus of $25,000 for the failed referendum “effort”
Nice job Dr. Demulling. You must be proud. Think the voters in New Richmond will support having you raise their property taxes by more than 40% a year for the next twenty years with another referendum?
Probably won’t get the chance though. You’re up for another election in April of 2006.
Looks like Deb Heyerdahl certainly has some pretty important reasons to keep secret a formal, signed copy of Hitchens $100,000 buyout and $25,000 bonus.
Yes Says:
December 1st, 2005 at 4:57 pm
I thought Jeff Holmquist and Karl Puckett at the New Richmond News also submitted an open records request for a copy of the contract too?
Have they received their copy yet?
Anything in this weeks New Richmond News about this?
SundayCominHome2 Says:
December 1st, 2005 at 8:14 pm
Deb Heyerdahl, you look like a rat in trouble. You work for the school board and you haven’t provided a copy of Craig Hitchens contract to the people you work for? Do you think the taxpayers are going to forget this?? Do you think they will forget that Lester Jones, Deana Cook Shannon, Greg Demulling and Chris Skoglund gave away the taxpayer’s $100,000 and $25,000? Well, Deb, now you can explain your actions to the Wisconsin AttorneyGeneral and see what they tell you.
And, according to The News, these 4 school board members are also responsible for voting down the request to feed kids who have no money in their accounts, even when the community provided a fund to pay for this. They voted to keep taking their lunches and dumping them in front of the kid they took it from. Really. Hell, they don’t even provide soap and towels in New Richmond for the kids to shower with after phyed class. Costs too much?
But, hey, they hope to build a big campus there. Spend millions. I guess they will put their hungry kids in this new campus building. But don’t plan on them taking care of the kid’s basic needs. It’s all about the show there.
When are you people going to start thinking about your kids?
Former NR Superintendent Craig Hitchens' final, amended contract is printed below. It was posted on the www.ontheborderline.net on November 19 and was allegedly provided to the blog site by Bill Brennan, a NR school board member. It was released to the blog against the legal recommendations of the school district's legal consule.
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SCHOOL DISTRICT OF NEW RICHMOND
AMENDMENTS TO SUPERINTENDENT'S CONTRACT
RETIREMENT AND ACCEPTANCE
2004-2006
IT IS HEREBY AGREED by and between the Board of Education of the School District of New Richmond ("Board” or "District") and Craig Hitchens: ("Administrator'') that the Superintendent's Contract signed on behalf of the Board on April 14, 2004 and by the Administrator on April 19, 2004 is amended as follows:
l . Term. Administrator, Craig Hitchens, voluntarily retires effective October 31, 2005
The District accepts Administrator's retirement.
2. Duties. Effective with the date of his retirement, the Administrator's duties to the District are as follows:
A. Assist in the transition of the Administrator's current duties to an Interim District Administrator.
B. Assist and testify as accessory in any legal actions involving the District. This includes, but is not limited to, being available and present for any hearings regarding Wands Erwin's ERD complaint for discrimination based on history of arrest (currently scheduled for January 9, 2006) and assist the District and its attorney in preparing for any such hearings.
Following his retirement, the Administrator shall not be obligated to perform any additional services on behalf of the District, except as may be mutually agreed upon by the
parties
3. Salary and Benefits. As consideration for the agreements herein, the District shall pay the
following to or on behalf of Administrator:
A. The sum of $8,952.00 shall be paid to the Department of Employee Trust Funds, of the Wisconsin Retirement System in the form of an Election to Pay Cost of
Actuarial Reduction.
B. The Administrator's salary for 2004-2005 is increased by $25,000M to $138,989.00. The additional 2004-2005 salary of S25,000.00. less normal withholdings, shall be paid to the Administrator at the time of Administrator's retirement. The increase in salary is for Administrator's additional and unanticipated duties related to the April, 2005 referendum.
C The sum of $65,130.00, less normal withholdings, shall be paid to the Administrator as a retirement stipend, said amount to be paid in five (5) equal monthly installments, beginning December 1, 2005.
4. Wisconsin Retirement System: The Board makes no representation regarding the Wisconsin Retirement System's interpretation of the agreements herein, particularly
regarding the payments made pursuant to paragraph 3 herein. The Board specifically makes no representation as to how, or if, the WRS will apply credit for years of service or wages toward Administrator's retirement benefit as a result of said agreements and
payments. This amended contract is binding on the parties regardless of the manner in which the WRS credits, or does not credit, Administrator's retirement benefits with respect to said agreements and payments.
5. Fringe Benefits .
A Paid Time Off . The Administrator waives any and all rights to "cash out" his accumulated PTO days. Administrator may use his current bank of 20.5 PTO days up to the date of his retirement but shall not accumulate any additional PTO days over and above his current bank of 20.5 days.
B Other Fringe Benefits Administrator waives any and all rights to all other fringe
benefits described in his contract, including holidays, family and medical leave, jury
duty, LTD insurance, life insurance, health, dental and vision insurance, retirement
contribution, tax sheltered annuity, professional improvement courses, professional development leave/national convention, mileage, membership in professional organizations and membership in civic organizations. Social Security will be paid on
the 5 retirement stipend payments between December and April.
6. Evaluation. The Administrator will not be evaluated during the 2005-2006 school year.
Attorney Mindy Dale of Weld, Riley, Prenn & Ricci, S.C., has completed an investigation
of certain allegations against the Administrator. Administrator has a copy of the report. Attorney Dale's report of that investigation shall not be changed in any respect following
Administrator's retirement. All Parties have read and understand the provisions of this Agreement and agree to abide by its
provisions.
...the contract was by Lester Jones, borad president, and witnessed by Chris Skolund, board secretary.
The actual web site like is:
http://files.ontheborderline.net/Hitchens_Bonus.pdf
Last night, I saw that a letter written by Bill Brennan was posted at the www.ontheborderline.net blog site. I copied it and pasted it in this post. It is the third comment on this page.
After reading this letter, I prepared a list of five questions and sent them to Deb Heyerdahl, cirriculum director for the New Richmond school district. She sent me answers to my questions this afternoon and gave me permission to post those answers.
Included in her answers is a timeline by day of what transpired after Brennan sent the school district a written request of a copy of Hitchens' final contract on Nov. 3, 2005.
---------------------------------
---------------------------------
12/02/2005
Good morning, Mr. Nelson -
Thanks for the opportunity to respond with the facts concerning this issue:
Q#1: Should Brennan have access to this contract as a school board member?
A#1: Mr. Brennan did get a copy of the requested document as a Board member. This was in executive session.
---
Q#2: Are Brennan's charges legitimate?, i.e., did he send you a letter a month ago requesting this information?
A#2: He did request another copy through an open records request on November 3rd.
---
Q#3: Are there laws that prevent the public from see Hitchens' contract?
Q#4: If Hitchen's contract is a public document containing public information, why haven't copies been released to Brennan and the News?
A#3-4: Usually contracts are a matter of public record and are released in short order when requested. However, the legal firm that the school district employs (Weld, Riley, Prenn) advised us that in this case (with the negotiated amended contract for Dr. Hitchens) it needed to be treated as a part of his personnel file, which requires a different process for release. When records from a personnel file are requested, the employee in question has the right to "augment" the file before it is released. The statute specifies notification procedures and timelines to be followed in this augmentation process. In other words, the employee can not delete anything from his/her file, but must be allowed to add additional explanation that he/she deems necessary to explain items in their personnel file and he/she is given a period of time in which this augmentation should be completed.
The following timeline (through 11/21) regarding this specific request was shared at the 11/21/05 Board meeting by President Lester Jones; I have added the more recent events for your information:
11/03/05: Three records request received.
11/03/05: Lester Jones, school board president, advised by counsel to treat Dr. Hitchens' amended contract as a personnel file document.
11/04/05: Wording of district letter to Dr. Hitchens sent to counsel for review, received approval late Friday afternoon.
11/07/05: Certified letter to Dr. Hitchens sent from Deb Heyerdahl's) office.
11/08/05: Same letter actually mailed from our central mail room.
11/11/05: Holiday, no mail.
11/12/05: First attempt at delivery at Dr. Hitchens' home address; he was not home to accept delivery.
11/17/05: Certified letter received and signed for by Dr. Hitchens.
11/18/05: Mr. Brennan informs Lester Jones (by phone message)and Deb Heyerdahl (in person) that he intends to release amended contract to public w/o required augmentation.
11/18/05: Counsel reaffirms that amended contract must be treated as part of personnel file and not released without augmentation
11/19/05: Dr. Hitchens' amended contract posted on www.ontheborderline.net blog site.
11/21/05: Mr. Brennan confirms in response to a question by Board member Demulling at 11/21 Board meeting in open session that he released the document in question.
11/22/05: Dr. Hitchens picks up copy of personnel file for augmenting.
11/24/05: Thanksgiving
11/29/05: Dr. Hitchens returned augmentation for personnel file.
11/30/05: Those requesting copies of amended contract notified by phone (including Mr. Brennan) that it is available with the required augmentation.
12/01/05: Heyerdahl received sealed letter from Mr. Brennan at approx. 11:00 AM - it had been hand delivered to the office earlier but I was in a meeting.
12/01/05: Mr. Brennan's letter posted on blog 3:06 PM
12/01/05: Written response from Heyerdahl mailed to Mr. Brennan, copy to State Attorney General Peg Lautenschlager.
---
Q#5: If Hitchen's contract is a public document for public viewing, when can I stop by and pick up a copy?
A#5: You can stop by the district office to pick up a copy of Dr. Hitchens original contract and his amended contract (with augmentation) any time during office hours (7:30 - 4:30 M-Th, 7:30 - 4:00 Friday); please ask for Julie Koop. Or we can mail you the documents upon your written request - email is fine.
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