Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, June 2, 1990 TAG: 9006020350
SECTION: VIRGINIA PAGE: A-3 EDITION: NEW RIVER VALLEY
SOURCE: MARGARET CAMLIN NEW RIVER VALLEY BUREAU
DATELINE: RADFORD LENGTH: Medium
Mink asked an attorney for Personnel Director T.O. Williams to provide more details for the allegation that Dodge defamed his reputation. Williams sued Dodge for $100,000 in April, alleging that he was fired without cause.
Dodge's attorney, John D. Epps of Richmond, argued that the Worker's Compensation Act is the proper channel for Williams' grievances.
T.O. Williams' attorney, David O. Williamson, objected.
"It doesn't fly to say he has another remedy or another forum," Williamson told the judge. "We allege nothing but commercial injury, monetary injury, injury to his career."
For Williams to be eligible for worker's compensation, he would have to be injured, and "an injury must be a sudden event and result in obvious, sudden, mechanical or structural change in the body," Williamson said.
Epps said Williams' lawsuit makes "bold allegations without the facts to support it."
The suit alleges that a "communication" between Dodge and Jill Graybeal, assistant superintendent for personnel, was "defamatory and injurious" to Williams' reputation.
The "communication" was information in a March 22 letter from Dodge to Williams, a copy of which was sent to Graybeal.
Dodge's letter to Williams says, "You are hereby notified that upon the completion of your work duties on June 29, 1990, your services will no longer be needed by the Montgomery County School Board."
Williamson failed to say what it was about the letter that was defamatory, Epps said. "We're entitled to know what it is we're defending against."
Williamson told the judge that Dodge was "off on a lark" by telling the personnel director that he was fired.
"The School Board's policy does not give Dodge the right to fire people," Williamson said.
The board policy says staff members such as Williams shall be fired at the discretion of the superintendent "for conviction of a felony, moral turpitude, disability as shown by competent medical evidence, or other good and just cause."
Williamson said the letter implied that the personnel director had been fired for one of those reasons.
At the time of the letter, the board "had not yet been told that Williams was going to be fired," Williamson said.
Dodge "made false statements to lay the groundwork to make persons believe that Mr. Williams was not fit to hold office," Williamson said.
Epps agreed to provide more information to support his request that the case be dismissed.
Williamson also agreed to provide more detailed information for Williams' allegations.
Other materials in the case include a March 5 memorandum from Graybeal to school principals about a restructuring of the personnel department.
On the memo is a handwritten note from Dodge. It says: "Restructure? Won't help solve the program now." It refers to several personnel cases in the school system that were "all mishandled: I need to think about new department," Dodge wrote.
One of the personnel cases was that of Fran Weiss, a guidance counselor at Shawsville High School.
Weiss has filed a grievance with the School Board, asking that a letter of reprimand sent to her by her assistant principal be retracted.
Weiss said Dodge told her she would be reassigned to the classroom this fall.
Around the time of the memorandum, Williams was removed from Weiss' grievance case and Graybeal took over, Weiss said Friday.
Weiss said she had asked Williams - and Williams had agreed - to ask the board attorney to research the issue of confidentiality between school counselors and students.
Weiss has said she was reprimanded because she refused to divulge information about a student that she considered confidential.
Weiss said Williams also contacted some of her former supervisors, including Robert Miller, now principal at Auburn High, and Virginia East, now assistant superintendent for Radford schools, "to get their opinion of my working relationship with the administration."
Weiss said she believes Williams "was trying to handle the case independently" and "trying to get an objective view of me [over the] long-term."
Later, after Williams was removed from the case, Weiss said she was told by Assistant Superintendent Steve Staples that it was inappropriate for Williams to have involved her former bosses in the matter.
by CNB