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Classifieds

Obituaries

A-W begins procedures to

fire head football coach

Akron-Westfield Superintendent Ron Flynn and the A-W School Board have begun procedures to terminate a coach. At a special Akron- Westfield School Board meeting on Jan. 25, the board members accepted Flynn’s recommendation to terminate a coaching contract. This short special meeting was a legal procedure required by state law, according to Board Secretary Jodi Thompson. The board was not required to release the name of the coach, and they didn’t. Vice President Kirk Banks read the motion as “to accept notice of a recommendation to terminate a coaching contract.” Then Board Member Roger Oetken made the motion, and Board Member Kevin DeRocher seconded it. With only five board members present, the vote was four affirmative and one abstaining. Voting affirmative were board members Oetken, DeRocher, Janet Willer and Kirk Banks. Abstaining from the vote was Board Member Gordy Johnson. Board President Jim Black and Board Member Phil Parks were absent. Prior to this meeting, Flynn had notified the coach that

he would be recommending terminating the coach’s contract at the end of this school year, said Thompson, explaining that this was done according to statutory procedures, which govern the termination of teachers’ and coaches’ contracts. In addition, the coach requested a private hearing

regarding the termination notice, which was done within five days of the superintendent’s notifying

the coach as required by law. This was the second step of the termination process. The board’s special meeting was the third step. Next, the private hearing will be held. According to law, it had

to be held between 10 and 20 days after the hearing request was received. However, since the parties couldn’t agree on a date within that time frame, they agreed to meet at 5 p.m., Thursday,

Feb. 15, at Akron-Westfield Community School. Thompson notified the coach in writing of the hearing’s date, time and location. This hearing is private and not subject to Open Meetings Law.

A certified court reporter is hired to record the proceedings of the private hearing. Five days prior to the hearing, Flynn through Thompson is to furnish the coach with documents and a list of witnesses that may be utilized by Flynn in support of the termination recommendation. At least three days prior to the hearing, the coach is to provide Flynn with any documentation or witnesses’ names that the coach expects to have at the hearing. The only people allowed at this hearing are board members, the coach, the coach’s immediate supervisor, any witnesses and legal counsel for all parties involved. According to Flynn, the coach’s immediate supervisor would be himself and possibly High School Principal Derek Briggs. As to whether the coaches have immediate supervisors in addition to Flynn was not clearly defined as of press time. Since the retirement of former High School Principal Bruce Michalsky, the administrative duties regarding coaches has been split between Flynn and Briggs. Flynn does the majority of coaches’ evaluations while Briggs

conducts evaluations of only wrestling coaches. According to Thompson, both the superintendent and school board will each have an attorney. In addition, the union will be represented, and the coach may also have an attorney present. The school board president, which is Jim Black, is authorized to issue subpoenas in connection with this hearing. Evidence presented at this private

hearing is limited to specific reasons stated in Flynn’s notice. At the hearing’s conclusion, both Flynn and the coach may file legal briefs within three days. The school board must meet within five days of the hearing. The board will meet in executive session to make a final decision “upon the record and shall issue a written decision including findings of fact and conclusions of law.” Once the board has reached a decision, then it will convene in open meeting and by roll call vote determine the continuance or discontinuance of the coach’s contract. Thompson will then immediately mail notice of the board’s decision to the coach. If the board’s decision is to continue

with the termination, the coach will have the right to appeal that decision to an adjudicator. According to law, “The adjudicator may affirm the board’s action or remand to the board for further

proceedings or reverse, modify or grant any appropriate relief if the substantial rights of the coach

have been prejudiced because the board’s action is in violation of rule, policy or contract; unsupported by a preponderance of the competent evidence in the record made before the board when the record is reviewed as a whole; unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.” Costs of the adjudicator are

shared equally by the coach and school board. Either party may reject the adjudicator’s decision and appeal to the district court. If a party disagrees with the district court’s decision, then the party

can ask the decision be reviewed by the Iowa Supreme Court or Iowa Court of Appeals.

By Hank Krause

A-W: 4-17-32-44 GSC: 6-10-16-31 Scoring A-W: Oetken, 12; Eskra, 9; Appley, 8 GSC: Jurrens, 7

A-W dual record now at 22-1

by Hank Krause