Update: Trustees and Gilroy Teachers Association president
comment on Lyons’ departure
Update: Trustees and Gilroy Teachers After a closed session that ran more than an hour into the scheduled board meeting, the Gilroy Unified School District board of trustees announced the approval of a settlement agreement of resignation with Assistant Superintendent of Human Resources, Michael Lyons.
After expressing her sincere apologies for the wait, President Rhoda Bress said that the matter was “something that just couldn’t be avoided.”
The terms of the agreement dictate that Lyons will tender his resignation Oct. 30, 2008 or when he obtains alternative employment, whichever happens first. He will immediately be placed on a medical leave of absence pending his resignation.
The board is waiting for Lyons to sign the settlement before it becomes final. Once signed, the settlement takes effect and is a public document.
Lyons will be paid during his leave, Bress said. If Lyon’s pay during the leave is pro rated according to his annual compensation, it will cost the district more than $120,000 including salary and health and retirement benefits, according to district documents.
Superintendent Deborah Flores will assume responsibility for any issues pertaining to human resources, pending further notice.
Although three topics were up for discussion at the three-hour closed session Thursday, only this matter was reported to the public.
The board reached the unanimous decision after trustee Francisco Dominguez made a motion that was seconded by trustee Patricia Midtgaard.
“After careful deliberation, the board of education has decided that acceptance of this settlement is in the best interest of the Gilroy Unified School District,” Bress said.
Bress concluded the report by announcing that “although the settlement agreement is a public record, both parties have agreed not to discuss this matter any further.”
Lyons was hired by the GUSD in August after coming to Gilroy from Stockton Unified School District. Lyons faces three separate lawsuits filed by current and former employees of the SUSD, alleging that he committed acts of discrimination, harassment and retaliation. However, sources said that his resignation is not linked to the SUSD lawsuits, but rather for his performance in Gilroy.
Gilroy Teachers Association President, Michelle Nelson, said that Lyons’ quick turnover could have been avoided if three short questions were included on the district application. The three suggested questions would inquire into the working relationship the candidate held with prior superiors, peers and subordinates, ask if the candidate is currently being investigated by his or her district or any other party and ask whether or not any complaints have been filed against the candidate in the last two years.
“It would have been a done deal, easily,” Nelson said of the situation had these questions had been on Lyons’ application. These questions are not currently included on the district application but if they were, and were left unanswered or misrepresented by candidates, omission is grounds for termination, she added.
At a recent board meeting, Nelson also requested that two additional changes be made to current hiring practice: including a site visit for all administrative positions and allowing the GTA to aid in the hiring process and conduct its own investigation.
Lyons created problems for the GUSD since coming on in August, Nelson said. The GTA almost had to file two unfair labor practice charges against the assistant superintendent for interfering with the workings of the association. Fortunately, Flores was able to mediate the dispute before it came to charges, Nelson said.
Lyons is the second of three assistant superintendents to announce resignation within two weeks. Assistant Superintendent of Administrative Services Steve Brinkman announced recently that he will start a similar job with the Pasadena Unified School District Feb. 4.
“The lesson I’ve learned as a board member is that the board needs to do better due diligence in the future,” Apuzzo said. “We need to be very careful. We have a good interview process but obviously something didn’t work out in this case. The more eyes and ears that are on anything will improve the situation.”
Apuzzo said that Superintendent Deborah Flores and the board are working to mitigate the situation the best they can.
Flores and Lyons did not return calls for comment
Departures in the district:
Edwin Diaz moved to Pasadena, replaced by Deborah Flores on July 1
Assistant Superintendent of Administrative Services: Steve Brinkman resigns, position vacant starting Feb. 4
Assistant Superintendent of Educational Services: Jacki Horejs replaced by Basha Millhollen on July 1
Assistant Superintendent of Human Resources: Linda Piceno retired, replaced by Michael Lyons in August, Lyons on medical leave until resignation in October
