WV GRIEVANCE BOARD ORDERS TETRICK'S REINSTATEMENT BY CALHOUN SCHOOLS - Secret Recording Not Grounds For Dismissal

(11/23/2010)
By Bob Weaver

Former Calhoun school administrator Frank Tetrick, who was suspended by Superintendent Roger Propst and then dismissed by the local school board, has won an appeal with the WV Public Employees Grievance Board.

The board has ruled that Tetrick's termination was not justified.

Tetrick was hired as Director of Supportive Services following the retirement of Donnie Pitts, who has now returned to that position.

The Grievance Board has ordered that the Calhoun school system reinstate Tetrick and provide him with lost wages, with interest, and restore all other employment benefits.

The Grievance Board further ordered that the matter be removed from his personnel file.

The Grievance Board said there was a lack of disciplinary problems evidenced in Tetrick's personnel history, further saying that superintendent Propst did not perform mid-year evaluations required by WV Code.

"Perhaps, the superintendent was accurate in his assertions regarding the opinion of the school board," wrote the Grievance Board, but declared Tetrick's firing not justified according to the record.

Calhoun Superintendent of Schools Roger Propst said he could not comment on the matter, but indicated the Grievance Board's decision could be appealed within 30 days.

Propst said, dealing with the matter rests with the Calhoun Board of Education.

Propst advised Tetrick that members of the school board were displeased with his job performance, according to the Grievance Board ruling, after which Tetrick spoke with board vice-president Lee Evans who said he was unaware of any performance problems.

Terrick, according to the report, secretly recorded a meeting with Propst, during which Propst repeated the alleged concerns of board members regarding Tetrick's performance.

Board president Cynthia Dale heard the recording, and later informed the superintendent of the recording, and "objected to awarding Tetrick another contract based in part upon...the secret recording."

Propst, who had not yet had an occasion to investigate the matter, recommended another contract be given to Tetrick, with board president Dale unsuccessfully opposing his re-hire at that time.

Propst, according to the Grievance Board document, commenced an investigation into the recording, discussing the recording with Tetrick, with Tetrick admitting he made the recording with its contents shared with board members Dale and Evans.

Propst said, "I consider your actions to be rank insordination...a repudiation of my authority as your immediate supervisor, an extreme violation of confidentiality."

The school board held a hearing regarding the secret recording and the delivery of the recording to a board member, essentially using the issue for Tetrick's dismissal, says the Grievance Board.

Evans voted not to dismiss Tetrick, Dale abstained because of a technical requirement, and board members Whited, Starcher and Harris voted for Tetrick's dismissal.

The Grievance Board called the manner in which Propst framed the recording issue "perplexing," saying the recording was legal under WV law.

"Tetrick did not refuse to obey an order, nor did he intentionally violate any rule or regulation," the Grievance Board said, further indicating there was no sustainable issues related to Tetrick's performance.

The Grievance Board said Tetrick did not violate the system's Code of Conduct, ordering that Tetrick be reinstated.

Tetrick is represented by Charleston attorney Mark McMillian and the Calhoun Board of Education is represented by Howard E. Seufer, Jr.