Update: Dispatch obtains copies of settlement agreement,
complete with letter of recommendation, and posts them to Web
Over the next nine and a half months, the school district’s former assistant superintendent of human resources will get almost $123,000 in salary and health benefits in exchange for his resignation.
Michael Lyons returned a signed settlement of resignation late Thursday to the Gilroy Unified School District office, one week after board president Rhoda Bress announced a settlement had been reached.
Under the terms of the agreement, Lyons will tender his resignation Oct. 31, 2008 or when he obtains alternative employment, whichever occurs first. He has been placed on a paid medical leave of absence until then, although the settlement did not cite a specific medical condition.
In the settlement, Lyons agreed to remain off district property and to not contact any district employees unless requested to do so by Superintendent Deborah Flores. He will work for the district on a project-by-project basis as requested by Flores, though the nature of the projects was not specified. During his leave, he will also receive compensation for any unused vacation days.
In the meantime, Lyons’ responsibilities as assistant superintendent of human resources will be split among district administrators. Flores will take on many of these responsibilities in addition to the demands of her own job running the school district.
“We don’t have the funds to go out and hire someone at this point,” Bress said. “We are trying to mitigate the costs of this. We don’t have the money to pay someone else – not in light of the current budget crisis.”
The school board will hold its first of several budget discussions at a Feb. 7 study session. In light of the impending budget cuts, the board will analyze the current district structure and decide whether or not the position will ever be replaced, Bress said.
With significant administrator turnover last year, the district paid the search firm Hazard, Young, Attea & Associates $5,000 to fill Lyons’ position. The initial search did not produce a candidate the district was happy with, Flores has said.
The district then launched their own search to fill the position. Flores said that the district recruited widely for the position. The district took a different approach and made use of local and district resources, Bress said. Finalists were interviewed by a committee consisting of a dozen teachers, district staff and board members.
The district conducted “extensive reference checks” but no site visit to Lyons’ former district, Stockton Unified School District, Flores said. She added that, in her experience, site visits are not common when hiring an assistant superintendent.
“We do check references on all management staff with their prior districts,” Flores said in a December interview. “It’s a normal process.”
Bress would not confirm whether or not the district contacted SUSD for a reference check, citing the confidentiality of personnel files.
“I can’t discuss the settlement,” Bress said. “I know it’s frustrating.”
However, SUSD Superintendent Jack McLaughlin said he was contacted by the search firm but never by Flores or anyone from GUSD regarding a reference check. In his position at SUSD as director of special education, Lyons oversaw several hundred employees and a $70 million special education budget, McLaughlin said. Despite lawsuits filed by employees and former employees of SUSD against Lyons for harassment, discrimination and waste in November, McLaughlin said that Lyons would still have his old job in Stockton had he not been hired in Gilroy.
“Mike Lyons had a very difficult assignment,” McLaughlin said. “Some employees didn’t appreciate how he administered the entire department. People can file lawsuits on anything they want and many times do. It’s a free country.”
Trustee Jaime Rosso said that Lyons interviewed very well and was chosen unanimously by the search committee. Neither Flores nor the board specified if Lyons was a candidate in the first, unsuccessful pool of candidates.
After Flores conducted a final interview, the GUSD concluded that Lyons fit the bill and hired him July 1, 2007. He resigned from SUSD on Aug. 21, 2007, said Rick Brewer, a community relations officer at SUSD.
Lyons’ administrative service credential also expired Sept. 1, 2007. Bress did not specify if its expiration factored into his resignation. She did say that the credential is a requirement for many administrative jobs.
In light of the settlement, Flores said she saw the situation as “an opportunity to review our current practices and see if they can be improved.”
The settlement specified that the district “shall limit its oral response to inquiries from prospective employers to Lyons’ employment history (date of hire, salary, job duties, date of resignation and positions held with the District) and to the information contained in the agreed upon letter of recommendation.”
The letter of recommendation is businesslike, except for a short sentence noting Lyons’ “good sense of humor” and friendliness. The settlement added that all prospective employer inquiries should be forwarded to Flores. Trustees Pat Midtgaard and Francisco Dominguez also deferred comment, saying that Flores would act as the official spokesperson on the matter.
Flores and board members would not comment on the reason for Lyons’ resignation or if he had any medical problems. Flores did not return phone messages left Monday.
Details of settlement
Hired July 1, 2007
Will resign Oct. 31, 2008
Nine and a half months of paid medical leave, benefits and salary included
Lyons remains off district property and cannot contact district employees
Lyons works for the district on project-by-project basis as requested by superintendent
The district has the right to advertise for and fill Lyons’ position
Lyons will immediately, and in good faith, seek alternative employment
Parties will not make negative or adverse comments about each other and will not discuss the terms of the agreement
