Pertilli v Silberman: Day 2

It completely, totally and irrevocably damaged my career.

I was so shocked about it.

I couldn’t believe Stu would cave in

… and make a political decision.

It was life changing.

---Peggy Petrilli

Jim Warren provides a nice piece on the opening day of Petrilli v Silberman in today's Herald-Leader. This week, sitting in Judge Ishmael's courtroom, feverishly taking notes, I'm beginning to better appreciate the skill Warren brings to the storytelling. I'm also beginning to appreciate the grind.

But today's newspapers are squeezing the space alloted its reporters and blogs have no such restrictions. So today I'll chat through Warren's construction and add detail where I can. That might be the best service I can provide.

NOTE: In an effort to capture as many quotes as possible (since Judge Ishmael banned my audio recorder - I'm not complaining, Judge. ...just sayin') I have been typing as fast as my fat little fingers can fly. The result is a bunch of snippets that may read like a stream of consciousness, but I hope will be clear when presented within the context of Warren's story.

This from the Herald-Leader, photo by H-L's David Perry because his are much better than mine:

Trial opens in case of Fayette principal

who alleges racial discrimination

Peggy Petrilli testified in Fayette Circuit Court on Thursday that she wanted to remain as principal at Lexington's Booker T. Washington Academy in 2007, but that Superintendent Stu Silberman told her to either resign or retire.

She resigned in August 2007 and retired later.

"It was unreal," Petrilli told jurors. "I couldn't believe that Stu Silberman would cave in ... and let me go."

Petrilli: "Silberman told me, I know this isn’t true…I’ve never had such a hostile emotional meeting with a group of parents as I had last night….said I could either retire or resign but I could not go back to BTWA. I asked if we could meet with the group…He was very clear…very emphatic that I was to look into retirement and not to go back to BTWA and that I had the choice of resigning or retiring…there were multiple phone calls from Silberman and [Director Caremn] Coleman …wanted decision on what I was going to do Monday morning…"

Petrilli is suing Silberman and the county board of education for damages. She says that the superintendent forced her out to appease a small group of parents at Booker T. Washington who wanted an African-American as the school's principal.

But Defense Attorney John McNeill countered in his opening statement to the jury, “This case is about Ms Petrilli not wanting to take responsibility for her own short comings...The facts will establish… rather than Stu forcing Peggy to leave…she voluntarily resigned.

Petrilli said that she had wanted to remain as principal because she loved her job — "It was my passion," she said — and because she needed the income as her family's main breadwinner. She said she now teaches at Eastern Kentucky University and does consulting work, making a little more than half her original salary.

Petrilli: "I was out of work about a year…April 08 I applied at [EKU]... and in late April was offered a teaching position…I have to drive to Corbin…It started in late August."

Attorney John McNeil, who represents Silberman and the school board, painted a starkly different picture during his opening argument Thursday.

McNeil told jurors that Petrilli resigned voluntarily because of problems she was having as principal, not because she was forced out.

She raised no objections or reservations in the resignation letter that she signed, McNeil said; he noted that her attorney helped negotiate the terms of resignation and that Petrilli herself helped negotiate the wording of a press release announcing her departure.

McNeil further argued that there was no effort by black parents at Booker T. Washington to remove Petrilli and replace her with an African-American. Indeed, he said, parents initially were pleased when she became principal because they had heard of her success in raising test scores when she was principal at Northern Elementary School.

"There was no racial issue about Peggy Petrilli," McNeil said. "No one in the community wanted her to be fired."

McNeill argued to the jury that "[Petrilli] told [her former director and mentor Bob] McLaughlin she didn’t think she was the right fit for BTWA…said maybe this isn’t the job for me...[and that was] at end of her first year. In May...meeting with Director Lisa stone…Meeting didn’t go well…criticisms…an email generated as a result of meeting... But Stu was high on Peggy…wanted her to succeed…She talked to Stu about the Stone meeting…wondered if she was right for BTWA…wonder if I need to worry more about mgmt issues...In July 2007…before….Peggy emailed [former FCPS principal Judy] Hunter [then a principal in] in Scott County…looking for other opportunities…This was not an involuntary parting"

Rather, McNeil said, Petrilli stepped down because parents became disillusioned with her practices, such as holding students back in grade. But McNeil insisted that ilberman continued to support Petrilli and offered to arrange for her to return to Northern, an offer she declined.

Petrilli spent more than three hours on the witness stand Thursday as her attorney, J. Dale Golden, led her through her version of events.

McNeil raised a steady stream of objections to Golden's questioning, leading to numerous conferences between the attorneys and Circuit Judge James Ishmael.

At one point, Ishamel cautioned the lawyers to "talk to me, not each other."

You say, "Secret Meeting. I say, "Objection!"

The judge offered a smiling but meaningful admonishment. "Let’s watch it...now you guys can come up here all day if you want..." implying that the trial might go on for a long time at its present rate.

I know I messed up and missed one, at least, but here's my count of the afternoon side bars, which pales in comparison to the number of objections raised by McNeill:

12:50 Petrilli Called

1:19 side bar

1:21 resume

1:30 side bar

1:34 resume

1:43 side bar

1:44 resume

1:48 side bar

1:49 resume

1:56 side bar

2:00 resume

2:10 side bar goes into afternoon break

2:35 Petrilli resumes

2:50 side bar

2:51 resume

2:58 side bar

3:10 resume

3:12 side bar

3:13 resume

3:18 side bar

3:21 resume

3:27 side bar

3:32 resume

3:39 side bar

3:47 resume

3:48 side bar

3:50 resume

3:53 side bar

3:55 resume

4:02 Golden finished with Petrilli

Every time Petrilli said the words "secret meeting" McNeill objected. Finally, Judge Ishmael asked her to refer to it as "the meeting on August 22nd."

In his opening statement, Golden said Petrilli rapidly raised test scores during her two years at Booker T. Washington, received nothing but high scores on evaluations, and continued to received congratulatory messages from Silberman until a few weeks before her departure.

But Golden contended that a small group of parents at Booker T. Washington were unhappy from the moment Petrilli arrived at the school in 2005 because they had not been allowed input in the selection of the new principal. Eventually, the group's "sole agenda was to get rid of Peggy," he said.

Golden said he would present testimony that some parents at one point threatened to picket the school or complain to the news media if a change wasn't made.

The Catalyst

Petrilli testified: "Jessica Berry was a mom of a kindergarten student in 05…very vocal...very strong-willed mom that really, from early on…was very antagonistic...would hold meetings with parents…was very unhappy with me...Berry was at school pretty much every day…in the office…In the summer after my first year, 06...we knew we didn’t have every policy we needed…I brought a stack of every policy we needed…Berry moved that we postpone passing any….called a meeting in July [to try] again. Berry and [another mom, Alva] Clark wanted one policy at a time throughout the year...Berry was upset that we implemented a policy that parents must sign in…it really was security issue…parents were to sign in and wear a name badge...They wanted an African American principal and I wasn’t aware of this when I accepted the position."

The catalyst of her departure, Petrilli offered, was a decision she made to act on a report from a teacher that Alva Clark's child did not live in the BTWA district in violation of board policy. Petrilli said she referred the matter to Director of Pupil Personnel Gary Wiseman who investigated and sent a letter to the Clarks stating that their child was out of district.

"Mr Clark stormed into my office and demanded I rescind the letter…He was very hostile…but the letter came from the DPP...I can’t rescind this letter…I’ll give you an out of area form…" Petrilli told the jury that Mr Clark responded, "I fight for a living…I’m very good at it." Petrilli continued, "As soon as Mr Clark left the office I immediately contacted [secretary in the elementary director's office] Norma Welch...[and informed her] Mr Clark is on his way down to central office and is very angry." Petrilli testified that she had reported that she had been discriminated against in June. "Clark made it very clear he would go after me…I felt Mr clark was after me…"

Also at issue was a Herald-Leader article from August 26th. In the article, Silberman declined to discuss Petrilli's departure saying it was "a moot point" because she had resigned.

But Golden tried to establish for the jury that the words were Silberman's and not Petrilli's asking her, "Did you read that newspaper article?"

"Yes I did, Petrilli said.

Golden asked, "Did you say that to him?"

Petrilli responded, "No, I did not."

Golden: "As of the date of this article, Aug 26th, had you ever told Silberman you were leaving?

Petrilli: "No, I had not."

Petrilli: "[I was] told...I needed to have...either my resignation or my retirement letter on his desk by 8 am Monday morning. I didn’t do that. I called [Kentucky Association of School Administrators Executive Director] Wayne Young. He got me in contact with [attorney] Jeff Walther…I wanted to stay…I had conversations with Mr Walther …I didn’t want to leave…it was the best start to a school year ever…[when Petrilli had not responded by 8 AM] Silberman was demanding I make a decision by 3 PM because he was meeting with the faculty…if I didn’t resign or retire...he wouldn’t promise...but I’d be demoted to a teacher. I knew I hadn’t done anything wrong….I feel like I was compelled to provide a letter of resignation…"

There will be no testimony in the case Friday. The trial will resume Monday with cross-examination of Petrilli.

Court Documents posted at the Herald-leader:

Affidavits of Alice Weinberg and Leigh McCauley in the Peggy Petrilli case

Petrilli's response to request for summary judgment (PDF)

Exhibit: Letter from Fayette school board attorney to Petrilli's attorney

Fayette school board attorneys' motion to get more answers from Peggy Petrilli

Exhibit: Petrilli's answers to the Fayette school board attorneys

Report on investigation into allegations against principal Peggy Petrilli

Peggy Petrilli's lawsuit against the Fayette County schools (.pdf)

Defamation claim against Fayette schools dismissed

E-mails claimed to be parents' efforts to oust principal