SE Delco School Board sticks to guns in rescinding super’s contract
MEDIA COURTHOUSE » The Southeast Delco School Board is sticking to its guns in its war of words with the superintendent of schools.
The school district went to court March 20 and filed a new answer as to why the district believes it was correct to rescind a five-year contract to Superintendent Stephen Butz back in November.
District Solicitor Robert DiOrio added 16 points of new material to defend the school board’s actions in pulling a contract that it had offered Butz. Last month a county judge overruled the original preliminary objections the district made in response to Butz’s filing against the district. The superintendent wants the court to rule in favor of his complaint elected him as superintendent, signed a new contract, then took it back.
Three consecutive points of matter addressed the legality of the board to act within their power.
“The (board) was legally authorized to rescind its previous approval of the plaintiff’s (Butz) district superintendent executory contract,” read fact 26 in DiOrio’s answer. “At all times relative hereto, the (board) maintained the option to void and nullify its previous approval of the plaintiff’s election as superintendent and the contract incident thereto.
“At all times relative hereto, the (district) acted within the scope of its statutory authority in rescinding the election of the plaintiff as district superintendent and the contract incident thereto.”
Three points cited the Pennsylvania Public School Code in allowing the board to rescind previous votes to elect a superintendent and their contract of employment. With additional reference to commonwealth case and statutory law, “Inherent in the (defendant’s) power to elect the plaintiff is the power and authority to rescind his election and executory employment contract incident thereto.”
Butz is also said to have failed to state a cause of action or a claim upon which relief can be granted and that the board, “acted in good faith (and) lawfully.”
The district also notes that if Butz’s case is deemed frivolous, the district seeks attorney’s fees and other reasonable expenses incurred while defending such claims.
Butz’s lawyers, James Cowden and Barry Van Rensler, are to respond to the new matter answer within 20 days.
This civil suit brought by Butz stems from his election as superintendent and execution of a contract to run from July 1, 2018, to June 30, 2023, both actions approved unanimously by the board on Nov. 15, 2017. By a 6-3 vote the board rescinded the contract on Nov. 30 and has since created a contract negotiation committee to discuss a new deal.
A school board rescission of a superintendent contract has been addressed in a 2000 case before the Commonwealth Court of Pennsylvania that went in favor of the superintendent. In that case, an incoming school board rescinded the contract to show dissatisfaction with its predecessors.