Erwin's contract and the "90 days"

Some folks have implied that the Kentucky Board of Education has 90 days to rethink their contract with Dr. Barbara Erwin. That implies a 90-day window for board action to occur.

Not quite.

Here is the actual language from Erwin’s contract, incorrect pronouns and all:

7. EMPLOYMENT AND TERMINATION. The Commissioner's employment with the Board shall be at-will and may be terminated as follows:

a. Voluntary Termination. The Commissioner may terminate his employment in his discretion upon written notice to the Chairperson of the Board, ninety (90) days in advance of termination if possible. If this occurs, the Commissioner shall be entitled to his salary and applicable benefits, including transportation, through the date of termination, although no additional benefits shall accrue after delivery of notice.

b. Termination Without Cause. The Board may terminate the Commissioner's employment at any time in the sole discretion of the majority of the entire Board, by providing a minimum of ninety (90) days' prior written notice to the Commissioner.

c. Termination For Cause. The Board may terminate the Commissioner's employment at any time upon written notice to him following a determination in the sole discretion of a majority of the entire Board that there is "Cause," as defined below, for such termination.

If this occurs, the Commissioner shall be entitled to the Commissioner's salary and applicable benefits, including transportation, through the date of termination, less any amount due by reason of any misuse of funds or embezzlement, which shall be due and owing to the Commonwealth immediately.

For purposes of this Agreement, the term "Cause" shall mean the Commissioner is convicted of, or pleads no contest to, any crime, whether a felony or misdemeanor, involving misuse of funds or moral turpitude; or a determination is made by a majority of the entire Board, after giving the Commissioner notice and an opportunity to be heard, in closed or executive session to the extent permitted by law, that in carrying out his duties the Commissioner has engaged in serious neglect of duty or willful misconduct, resulting in material harm to the Department or to the elementary and secondary education system of the Commonwealth.

d. Death or Disability. In the event of disability or illness or incapacity, after the Commissioner's sick leave and compensatory time have been exhausted, the compensation shall be reinstated only after the Commissioner has returned to employment and undertaken the full discharge of the Commissioner's duties. The Board may terminate this Agreement by written notice to the Commissioner at any time after the Commissioner has exhausted any accumulated sick leave and such other leave as may be available and has been absent from the Commissioner's
employment for whatever cause for (i) a continuous period of three (3) months or (ii) 60 working days in a six (6) month period. All obligations of the Board shall cease upon such termination.

8. NO MITIGATION REQUIRED AND NO OFFSET. In the event of any termination of employment under this Section 7, the Commissioner shall be under no obligation to seek other employment and there shall be no offset against amounts due him under this Agreement on account of any remuneration from any subsequent employment he may obtain.

Well, there's nothing quite like contract language to get the creative juices flowing so with apologies to Elizabeth Barrett Browning, I present my own,

Sonnet XLIII

How do I leave thee? Let me count the ways.

I leave thee to the depth and breadth and height
My soul can reach, when feeling out of luck
For the children of Kentucky.

I leave thee to the upscale suburban school districts' quiet need,
Or to retirement by candle-light and knitting-needle.

I leave thee freely, as men strive for Right And the school board may garner 6 votes against, and give 90-days notice.

I leave thee purely, as you turn away and Give the school board 90-days notice, deserving of Praise.

I leave thee with cause; put misdemeanor to use For unfounded claims, and with our school board's lost faith.

I leave thee with a loss I seemed to lose
With my lost saints, ---

I leave thee with regret, that Ray looked not for fault, only
Smiles through all your life! ---

And, if the majority chooses,
I shall but love thee better from afar.