HE SAID

Defense Attorney John McNeill argued on behalf of Fayette County Schools Superintendent Stu Silberman that “the Plaintiff’s statement of the facts is a trip to a fantasy world” and that it bears “no resemblance to the realities” of former Booker T Washington Academy Principal Peggy Petrilli’s tenure at the school.

Rather than being “an innocent victim of a racial conspiracy to oust her” the true source of Petrilli’s problems was “her ongoing inability to foster relationship among the staff at BTWA…the community…and even among the agencies which were attempting to partner with BTWA.”

“It was the consequences of that conduct on the part of Peggy Petrilli which resulted in her voluntary resignation on the night on August 23, 2007.

In his opening remarks before the jury, defense Attorney John McNeill said, “This case is about Ms Petrilli not wanting to take responsibility for her own short comings”

“The facts will establish that rather than [Fayette County Schools Superintendent Stu Silberman] forcing [Ms Petrilli] to leave, she voluntarily resigned…because of a series of problems she was having.” McNeill asserted that she…resigned with the advice of counsel. There were no reservations stated on her resignation letter, no protest and that her lawyer even negotiated the terms of her voluntary resignation.

As a result of that negotiation, she would continue to be paid and the resignation didn’t become effective until her benefits ran out. All this she did “knowingly and voluntarily.” He said she also negotiated her own press release.

McNeill argues that she admitted, “I went too fast…didn’t bring parents along with me …and that she didn’t develop the community support she needed.” She said nothing about race.

She counseled with her former director and mentor Bob McLaughlin with whom she had stayed in contact and would call from time to time, McNeill said. She told McLaughlin she didn’t think she was the right fit for BTWA and as early as the end of her first year there told him, “maybe this isn’t the job for me.”

At one point, then Director Lisa Stone met with Petrilli and the “meeting didn’t go well,” McNeill said. There were criticisms and an email was generated documenting the meeting. But Silberman was high on Petrilli. He wanted her to succeed. Petrilli talked to Silberman about meeting with Stone and “wondered if she was right for” BTWA. She said “I wonder if I need to worry more about management issues” and not just instruction, NcNeill asserted.

In July 2007 Petrilli emailed Judy Hunter, a former colleague and principal in Scott County inquiring about other job opportunities. McNeill said this shows her leaving FCPS “was not an involuntary parting.” After Petrilli left, and was looking for jobs, she emailed Superintendent Lu Young in Jessamine County. Asked why she left BTWA so suddenly, Petrilli responded, “it wasn’t a big deal...I just moved too fast” and invited Young to talk to Silberman “about my experience there.” Similarly she emailed Scott County Superintendent Dallas Blankenship enquiring about a possible job change.

McNeill asked the jury to consider, “What are her claims?” Reverse discrimination? When it was his choice, Silberman replaced her with Interim Principal Jock Gum, a white male. But by law, the school council selected the permanent principal and they selected Wendy Brown, an African American.

“If Stu can’t select, how can he have discriminated against her?” McNeill asked.

Plus, when Wendy Brown was selected, the BTWA council was majority white. Berry and Clark, as blacks, were in the minority on counsel which also consisted of many individuals who were part of Petrilli’s leadership team.

With regard to retaliation, McNeill argued that the plaintiffs make it sound like she was just doing her job by reporting the Clark child as out of district. But the “fact is she was never retaliated against but precipitated the problem herself. The evidence will be that Petrilli was “not some innocent person” but caused this problem, McNeill claimed.

The proof will be that the Clark child had already been at BTWA as a Montessori Magnet student before the merger of the two schools and was allowed to stay through 5th grade. McNeill said evidence will include a Petrilli email to Jessica Berry confirming that fact. It states that “kids who started at the Montessori school got to stay.” Petrilli knew that before she contacted DPP Gary Wiseman about the Clark’s child McNeill told the jury.

In March 2007, there was an ARC meeting and Petrilli “asked the Clarks for an alternative assessment” but the Clarks said, “No.” Petrilli suggested leaving him in 3rd grade. The Clarks again said, “No.” They wanted their child to stay with his age group McNeill argued. In April, after the ARC, Petrilli contacted the district office with a message labeled “highly confidential.” She didn’t want the Clarks to know she was behind it. “But,” McNeill said, “she didn’t count on the Clarks being zealous supporters of their child.”

And Petrilli never discussed out of area with Clarks said McNeill. Up until May, 2007 Peggy thought Alva Clark was one of her biggest supporters, but she didn’t want the Clarks to know that they “were concerned about the child’s capacity to be successful on tests” McNeill said.

When the Clarks got a letter back [from District DPP Gary Wiseman declaring their child out of district] they were upset and contacted their child’s teacher. An email from the teacher to Petrilli asked, “What am I supposed to tell them? …We need to talk.”

McNeill argued that after that, Petrilli met with the Clarks and asked them to sign an out of area form. Mr Clark refused to sign anything. At this time Buddy Clark did not believe Petrilli had anything to do with the situation. His argument, through email, was with central office who he asked, “Does this have something to do with my kid’s ability to test?” McNeill said.

By June, Clark, who was Volunteer of the Year at BTWA, escalated the matter to the superintendent’s level. He goes to Central Office one day and happens to bump into Stu and tells him of his problem and Stu tells him, “That’s our mess up.” “She didn’t whistle blow anything,” McNeill claimed. “She had an ulterior motive.”

McNeill said Petrilli told Silberman if this had not been done with the Clarks, there wouldn’t be any problem and that it was a mistake. “I shouldn’t have done it,” Petrilli told Bob McLaughlin. If Silberman made the same comment it was only because Petrilli had made the comment to him.

In June 2007, Petrilli had a meeting Buddy Clark regarding his child McNeill told the jury. Petrilli tells Silberman that Clark was rude, hostile and intimidating. Silberman met with Clark and resolved the issue to Petrilli’s satisfaction, McNeill said. There’s “no proof Stu held it against Ms Petrilli.”

“It appears anytime someone met with Petrilli, and was of another race, it was a racial issue,” McNeill asserted. “You’ll have to decide,” he told the jury.

Why did she resign?

BTWA was combined school. They were working on the Great Schools Initiative in partnership with UK. Silberman “was locked in early” with Peggy, McNeill explained. He was high on her and remained so. He encouraged her to apply for the job. The superintendent wanted her to be there and put his authority behind that. Bob Mclaughlin testified during depositions that he “used Stu as his ace in the hole.” If he had a problem with Peggy, “he invoked Stu because everybody knew Stu wanted Peggy to be successful.”

An African American was only one of 12 criteria the parents were looking for in the first BTWA principal McNeill said. “Most of all, they wanted somebody that could teach those kids.” When they heard about Petrilli, “the community got behind her”...because of her reputation at Northern.

“There was no racial issue,” McNeill said. In fact, like any other parents, what they were concerned about was whether their kids would get a good education.

McNeill told the jury that Petrilli’s tenure at BTWA was …strong instructionally. Scores went up. But she “had weaknesses too: Gaining consensus; complying with policies; endless complaints about policies not being followed; not following IEPs; hiring problems; improper terminations; she jeopardized the UK partnership; staffing issues; community follow through and trust. “Stu strained his relationship with Lee Todd defending Peggy.”

McNeill said Silberman “went to bat for her constantly” and “cleaned up messes for her” because he wanted her to succeed. Clark and Berry were also supportive of Petrilli he claimed, and they even went to bat for her. “They were all in the same boat” with Petrilli McNeill said. But there was a “litany of needs over time” and “it reached a point where the community believed that Petrilli was not meeting their needs.”

When frustrated parents finally met with Stu, he sent them back to Petrilli. But the “same complaints persisted,” McNeill said. Of the 57 items on the two and a half page list complaints, most of them dealt with regular things in school. “Very few, maybe five out of 57, even touch on race.”

There were multiple emails between Silberman and Jessica Berry. McNeill argued that finally the community said, “We’re not comfortable that she won’t retaliate against our kids” and “we’d rather go to the OEA.” So Stu agreed to meet. McNeill described the parents’ presentation of concerns as “emotional…not angry” Their concerns were about their children and their relationships at school but Stu didn’t believe them. He said he would look into it. The next night he met with Petrilli and “here’s where she resigned.” With Director Carmen Coleman, Stu and Peggy went through the list of complaints. McNeill told the jury that Petrilli said “some of these things I did” and some I did not. Stu told Peggy, “We can fight these things” but Peggy put her head down and said "I lost my parents…my community. I can’t go back."

McNeill argued that Silberman said, “I’m going to have to look into all of these things, but he suggested that Petrilli go back to Northern. But Petrilli told Silberman, “I can’t go back there with this cloud over my head. I guess I’ll just have to resign.”

McNeill told the jury, Stu needed quick decision and said to Petrilli, “You have to tell me what you’re going to do…what to tell the school?” Peggy contacted KTRS and with the advice of counsel, said she would not resign. After Stu told Peggy he’d have to suspend her with pay, Petrilli decided to resign…

“The evidence will be that she voluntarily resigned, McNeill said. And all that Remember Titans stuff was just an example. That movie is about healing races.

McNeill closed saying, “Nobody in the community expected her to be let go…The superintendent did nothing wrong…She voluntarily resigned for her own reasons.”

Coming up: Petrilli takes the stand

SOURCE: McNeill’s Opening argument
Response to Plaintiff’s Motion for Summary Judgment.