The Cupertino Courier

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School board begins mapping plans for response to lawsuit

By Hugh Biggar

The Fremont Union High School District Board of Trustees met in closed session Nov. 14, two weeks after a former district superintendent sued the board.

According to Cindy McArthur, communications manager for the district, board members met to map out a strategy for the lawsuit filed by former Superintendent Stephen Rowley. Due to the pending litigation, the meeting was closed to the public, and board members were not allowed to comment.

Rowley filed the lawsuit Nov. 3 with the Alameda County Superior Court. Rowley's allegations include wrongful termination and breach of contract. He also says board president Avie Katz threatened his job after he refused to side with Katz in a dispute over the resignation of two teachers. Rowley seeks damages including retirement benefits, attorney's fees and lost pay. His annual salary was $221,587.

McArthur said the board now has 30 days to respond to the lawsuit, and its Nov. 14 meeting was the first to address the issue.

"No actions were taken," McArthur said of that meeting.

According to court documents, there is also a case management conference scheduled for March 20.

The FUHSD board fired Rowley on Aug. 22 with two years remaining on his contract. The firing came after the controversial departures of Monta Vista High School teachers Tim Krieger and Melanie Walczak in June. The situation escalated when Rowley sent an email to then-assistant superintendent Polly Bove that was accidentally sent to the entire board. In that email, Rowley wrote he hoped Krieger and Walczak would write "a scorcher fingering Avie and Cathy as the primary reason for resigning. ... . It's hard to say what's going to happen politically with the board at this time. But I'm hoping this will catch fire in the community."

At the Aug. 22 meeting, Katz said Rowley's firing was "in part" connected to the resignation of the two teachers.

Regardless of the outcome of the case, the lawsuit could affect the district financially at a time it has also paid an independent investigator $13,000 for a timeline of the events leading to Krieger and Walczak resignations.

The next public FUSHD board meeting is Dec. 5 at the Educational Services Center, 589 W. Fremont Ave. in Sunnvyvale. The winners of the recent board elections, Kathryn Ho, Barbara Nunes and Bill Wilson are to be sworn in. Board president Avie Katz lost his bid for re-election.