218 N. Locust Street
Carlisle, KY 40311
ph: 859.289.6425
fax: 859.289.4000
melissa
Bath County
Judge Rules Supt. Hutchinson To Stay For Another Year
By Cecil Lawson
KyNewsGroup
cecil@kynewsgroup.com
Bath County School Supt. Nancy Hutchinson will keep her job for another year, according to Judge Bill Lane in a hearing on Thursday morning in Bath Circuit Court.
Judge Lane issued the ruling after considering written arguments by Jeffrey Walther, attorney for Supt. Hutchinson, and David Barber, attorney for the Bath County School Board.
In a motion filed for a June 16 hearing,Hutchinsonasked for both summary judgment and/or temporary injunctive relief from the school board’s efforts to rescind two contract extensions that had been granted to her in 2008 and 2010.
Both attorneys were given time to respond to the hearing in writing, and the decision was issued Thursday morning byJudge Lane.
Judge Lane said that existing statutes and case law tend to protect the tenure of superintendents. “It’s not to be disturbed lightly,” he added.
"Given the nature of the contract that was put out in 2007 . . . and based on the extension or rollover granted in 2008, at this time I will grant a temporary injunction for at least a period of a year,”Judge Lane ordered.
Injunctions require that the plaintiff demonstrate some “irreparable harm,” and attorney Barber asked Judge Laneto explain what harm was noted in this case.
Lane explained that both statute and case law provide special protection for superintendents from changing political differences on school boards.
The parties to the case were also ordered to enter into mediation “fairly quickly” in order to resolve their differences.
Both attorneys agreed to have Guy Colson, attorney for Berea Independent School system, act as mediator upon recommendation of the Kentucky School Board association.
All board members are ordered to be present at the mediation.
Lane ruled that the case is not ripe for summary judgment because of too many questions of fact, a point also made by attorney Barber.
Attorney Barber had also challenged the constitutionality of the “rollover” statue, which took effect in 2004, which allows school boards to grant one year contract extensions to superintendents following their first four-year contract.
Lane would not rule on the constitutionality issue until Kentucky Attorney General Jack Conway responded as a party to the case.
Judge Lane is set to issue a written ruling in the next several days.
When asked about her thoughts following the ruling, Supt. Hutchinson said, “I’m glad to be going back to educating the children of Bath County and focusing on doing my job again.”
Judge Lane noted during the hearing, “This is not about the people direinvolved here, this is about getting an education to the children of this county at some point, and that’s unfortunately not been the primary focus of all of this.”
218 N. Locust Street
Carlisle, KY 40311
ph: 859.289.6425
fax: 859.289.4000
melissa
