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The Cupertino Courier

0647 | Wednesday, November 15, 2006

News

School flap timeline revealing some--not all--that happened

By Erin Hussey

In a special Fremont Union High School District board meeting held Nov. 2, trustees released a timeline of events surrounding the resignation of Tim Krieger, popular biology/leadership teacher at Monta Vista High. However, with key parts of the timeline blacked out, several community members pressed the board for answers.

"I had a great deal of difficulty supporting this motion because of the cross-outs," trustee Nancy Newton said. "Most of you know I have advocated for this timeline, but I think the cross-outs take away from what the fact is."

The blackouts occur on three different dates: June 8, June 16 and June 20. Newton's main frustration involved a conversation she overheard on the 20th.

"It's information I have held to protect the district and information that I asked [district] attorney Joe Zampi if I should disclose this, and he told me I should. I think anything in this can be disputed, and I feel three people reporting something is sufficient to be in the timeline. I know what I heard. It was very pertinent, and I regret that it does not appear in this report."

The June 20 entry on the timeline reads, "Board President [Avie] Katz meets again with Dr. Rowley. Dr. Rowley tells Katz that Krieger's reassignment is not within the board's authority." The last two lines are blacked out. Newton told the community she would seek legal advice to see if she could disclose the information. The public also wanted to know whether the board was planning to ask attorney Thomas Sharpe, who wrote the timeline, to continue his investigation.

"The timeline is great, but in my opinion, there is not substance to it," community member Jim Black said. "We really want to know what is going on. The timeline is great, but it's a really big expense for not much value."

Sharpe told the board he believes there is more information that needs to come out.

"I think there are statements out there that were left hanging," he said. "The timeline is a work in progress."

In addition to the $13,000 paid to Sharpe for his four-page timeline, the district's purse might be hit even harder with the recent lawsuit filed by former Superintendent Stephen Rowley.

The lawsuit, which was filed Nov. 3 in Alameda County Superior Court, alleges breach of contract, wrongful termination, infliction of emotional distress and privacy violation. It claims Katz threatened Rowley's job when he wouldn't side with Katz and block Krieger's assignment as a counselor at Monta Vista High School. Katz's wife, Cathy Katz, who works as a counselor at the school, said she felt uncomfortable working with Krieger, who seven years earlier, had accused her daughter of cheating.

Rowley was fired on a 3-2 vote on Aug. 22 following an errant email fingering Katz as the primary reason Krieger left the district.

The lawsuit does not specify an amount of money, but does ask for damages for lost pay, retirement benefits and attorney's fees. Rowley, who had an employment contract with the district through June 30, 2008, had an annual salary of $221,587.

In a previous statement, Katz said the lawsuit was a last-minute tactic by his opponents to hurt him in the Nov. 7 election. "I have done nothing but inquire about the hiring process of our district, and that is entirely appropriate."

With the official filing of the lawsuit, it is likely the blacked-out parts of the timeline and other withheld information will soon be revealed to the public.

"The public has a right to know what goes on, and we want to give you as much as we can," board member Homer Tong said. "I think eventually, everything will come out."




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