Wednesday, September 10, 2008

Petrilli Offered a Return to Northern prior to Resignation, Silberman and Coleman Say

The central issue in former Booker T Washington Academy Principal Peggy Petrilli's suit against Fayette County Superintendent Stu Silberman was whether Petrilli was tossed under the bus at the first sign of negative media attention, or if Silberman tried to save her somehow.

In court documents, Silberman and Coleman assert that Petrilli was not fired, in fact, they say, they offered her the principalship back at Northern Elementary, where she had built her reputation as a change agent. By state law, it would not typically be possible for a superintendent to simply offer her the job, but at the time, Northern was being served by an interim principal. She could be placed there, and then compete to regain her old position, apparently seen as an unpalatable option.

If Petrilli, or her attorneys Jeff Walther or J Dale Golden, ever mentioned this offer publicly - I missed it.

There had been rumors. At one point, I even suggested as much in a post, but removed it after I could not satisfy myself that it was confirmable. By that time, all parties were referring inquiries to their attorneys.

A letter from Attorney Jeff Walther to FCPS counsel Brenda Allen could be further confirmation. A handwritten note in the margin, initialed by both Walther and Allen indicates, "Ms. Petrilli will not apply or employment in Fayette county at any time in the future."

But who wrote in that last condition for her resignation? Is "apply" a reference to the offer of Northern - and Petrilli was saying take that job and shove it? Or was the handwritten note from Allen - saying that if she resigns, another condition would be that she could never apply or work in FCPS again?

In his interrogatory Silberman asserts,
She was offered during that meeting an opportunity to return to Northern Elementary School, but rejected that, saying something to the effect "I can't go back there, not with this cloud over my head." [Coleman recalled, "She actually laid her head down on the table."] She was advised that there would have to be an investigation of the allegations. She indicated that she also wanted the complaint investigated. She then indicated that she would "just have to look at my options, I'll just have to retire or resign.' Ms Petrilli broached the subject of retiring or resigning herself. At no time during this meeting was she threatened, asked to resign, terminated, demoted or suspended."

There's more to come when time permits.

KSN&C will be adding to the chronology.

We'll talk about sealed documents.

Plus, KSN&C has a confidential document that possibly should have been sealed - the judge suggested as much in open court on September 5th - but yet, it isn't. It's sitting right there in the public file marked "Attorney-client privileged" and everything. So I was able to look at it while the attorney's argued, on video recording, whether or not it should be sealed. Golden calls it the crux of Petrilli's case. But while the judge deferred ruling on it because the issue was not before the court at that hearing, it seemed pretty clear to me that he doesn't want it out there just yet, so KCN&C is not running with it.

And best yet, we've got a couple of months of bad behavior between attorneys ending with both of them being taken to the woodshed by the judge.

...so stay tuned.

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