Petrilli v Silberman Day 5

This long summer continues in Judge James Ishmael's Fayette County courtroom. And the day ended with an announcement from the court that it may well go on even longer. Jurors were warned to look at their calendars for next week as it currently does not appear that attorneys J Dale Golden and John McNeill will complete there examination of witnesses and closing arguments before Monday.

The plaintiffs scored some points today, but the defense continued to give jurors a narrative to explain away Peggy Petrilli's claim that she was forced out of her post at Booker T Washington Academy.

The interim principal who followed Peggy Petrilli at BTWA told the jury that "the instructional piece" was actually in good shape at the school when he took over.

Soon after his arrival at "Booker T" Jock Gum was approached by Jessica Berry and Alva Clark for a meeting. They "came to meet me, and greet me, and check me out…and let me know their concerns," Gum testified. But he explained how he quickly explained to them how he saw his mission. "I said to them, if you are looking for someone to come in here and change a bunch of things, I'm not the guy."

Gum told the jury that Berry and Clark had an inordinate amount of presence in the school and strongly inferred they would be taxing for a new principal to work with. He said Berry was "very opinioniated" and that on more than one occasion she had flown off the handle. "I just thought the new principal would be better off if those people weren’t there," Gum admitted, but it was a circumstance that he decided it was "just one I needed to live with."

Under cross examination Gum explained to the court that relationship building was necessary to becoming a successful principal. "The trust in your relationship between the school and the parents starts with the principal. If the principal does not have the commmincation…trust with the community…it makes it very difficult" to be successful.

Golden attacked the notion that Gum was sent to Booker T as a "relationship guy" who allowed the children to have candy and at one point snapped, "but that did not get you principal of the year did it?"

Cheryl Jones, a librarian clerk and former member of the school council at the Academy at Lexington provided Golden with his first verification of Petrilli's claim that some parents wanted an African American principal.

Jones told the jury that some council members from the old Academy were part of a group that believed it had been empowered to help in the selection of the principal of the newly forming BTWA and "there were already some feelings... they wanted an African American principal...someone who would work in the community…identify with the children."

Golden: …did Silberman tell …this group …that they would be permitted to select…

Jones: As far as I can remember the goal was to narrow it down to three or four…we had in mind several candidates...but it kind of stopped... along the line…

Golden: …was it your understanding that…they would become the final candidates…and that …wanted an African American

Jones: It was a topic that was discussed

Golden: Did people want an African American…

Jones: Yes

Golden: Where were you in the process when you were told …Petrilli

Jones: I wanna say...actually having some candidates in mind..I don’t think anyone was interviewed…I know we were close...and it was a long process..

Golden: Who told this group…Petrilli would be principal?

Jones: I don’t’know…there was a meeting… key people there and it was announced…

Golden: Were you shocked

Jones: Yes

Golden asked Jones to relate provide some background.

Jones: Over the years I’ve been at Booker T… that’s been an ongoing statement – always…One thing that at the top of the list was men...we need more black men…more role models for kids...kids might think they could reach and achieve…role models…in a more positive light…I think I remember it being more of a want after the Marva Collins thing…[who] we met one on one...showed us that a difference could be made…that there are some top key educators there…

Former Director Bob McLaughlin described himself as Peggy Petrilli's mentor, colleague and friend. He was also her boss at Northern and briefly at BTWA. As a long time school official McLaughlin explained to the jury the historical differences where Petrilli enjoyed great success and Booker T Washington.

"They were two really different types of schools, McLaughlin said, but they had one thing in common; a low percentage of children who were reading proficiently. Northern was relatively new, having been built in the 1960s. Booker T Washington had been in the community almost 100 years and had a very different history.

"One of the major issues at Booker T was establishing trust in a community," McLaughlin said. "Members of the community felt at times like they were not treated fairly by our district." McLaughlin described a long history of problems and an on-going effort by the district to try to establish a trusting relationship.

McLaughlin testified that he warned Petrilli about this history before she accepted the position at BTWA. He said his concern was that for Petrilli to be successful at the level she wanted to be she had to develop incredible relationships first. Then she could move her program.

"I felt like going from Northern…there could be a tendency to think, 'What I did at Northern, I’ll do at Booker T.' I wanted her to know that that was a recipe for failure" McLaughlin testified.

McLaughlin said he "wanted her to understand that there were folks who were very skeptical" and he did not want the Academy to be perceived as just "one more thing we hang out there." I was cautioning her …about the community…the history…and I thought it could be the biggest challenge she faced.

McLaughlin recounted for the jury a conversation he had with Petrilli shortly after her August 2007 meeting with Silbeerman and Coleman. "She felt like she had to resign or retire," McLaughlin said. He told the court that he had raised the idea that "you can just stay." He told her that she'd probably be suspended while an investigation was conducted."She just indicated that just was not a good option, McLaughlin said.

On cross, John McNeill countered Golden's narrative in a point by point manner.

McNeill: When you stopped being a director, did you maintain contact with Peggy Petrilli?

McLaughlin: I did

McNeill: How would you describe your relationship?

McLaughlin: I would describe it as very professional. I was a mentor, a sounding board, a friend…

McNeill: Were you a confidant?

McLaughlin: I was

McNeill: At the genesis of BTWA…were you involved in the planning?

McLaughlin: I was

McNeill: Describe the concept…

McLaughlin: The idea behind the school was…to be a collaborative effort primarily with UK and…other groups. UK contributed a fair amount of resources and ideas [involving] Booker T…and larger community.”

McNeill: After Petrilli became principal, were there any problems with that collaboration?

McLaughlin: There were some challenges. UK had many key players involved…they had some notions of how the school was to proceed. Peggy knew where she wanted to go and how she wanted to get there.

Typically we would have these meetings with the university representatives and after the meeting was over…Peggy would change her mind…and not communicate it to the university. They would hear about it…and call me…and I ‘d set another meeting together …

It hurt communications and it hurt the trust factor…

McNeill: Did these take place on more than one occasion?

McLaughlin: They did.

McLaughlin described that inordinate amount of intervention required of him to mediate between Petrilli and the district office and various other groups. He counseled Petrilli on John Maxwell's The Bob Principle, which essentially says that If everyone is having a problem with Bob…the problem is probably Bob. "I just wanted peggy to understand how important it is to develop those relationships. I was worried about next director "who might not be able to troubleshoot for her," McLaughlin said.

Following brief testimony form CPA Calvin Cranfill on the amount of lost wages Petrilli has suffered as a result of the alleged dismissal former Director (and new Superintendent of Danville Independent Schools) Carmen Coleman took the stand.

Coleman said she was Petrilli's friend since her days at Anne Mason Elementary in Scott County when Petrilli was just starting out at Northern - but she was only Petrili's boss for a little more than a month. Coleman admitted to Golden that at the time she took over as Petrilli's boss, there were no disciplinary issues pending against her. When asked if Buddy Clark ever angrily threatened Petrilli, Coleman responded the she wasn't sure about a threat, but "she definitely felt uncomfortable."

Under direct examination, Coleman testified about the events leading up to Petrilli's alleged resignation.

She described Silberman's reluctance to holding the August 22nd off-the-record meeting without Petrilli present but ultimately did in an effort to forestall a complaint being filed with the Office of Educational Accountability in Frankfort.

Golden: Isn’t it true that Jessica berry was leading the meeting…?

Coleman: She seemed to be.

Golden: …they were very frustrated…?

Coleman: That’s correct

Golden: At the end of the meeting…one individual was very loud…?

Coleman: One individual at the end of the meeting …said something

Golden: Was that Mr Clark?

Coleman: …it could have been…Clark

Golden: And you said you felt like crying

Coleman: I did . Peggy was a friend…

The next day, Silberman and Coleman met with Petrilli.

Coleman: …Aug 23rd I did [contact Peggy]

Golden: Did Silberman indicate to Peggy that some of the allegations were false…?

Coleman: We did.

Golden: And Stu had indicated this in the meeting that night…there’s such a process of checks and balances… [regarding test allegations] there’s no way…so you knew somebody was a making false allegations…?

Coleman: That‘s what we thought….

Golden: [Re: Northern]

Coleman: The day we met with Peggy, yes, he offered her the position at Northern…

Golden: Then Sunday…isn’t it true that there was a cabinet meeting and …suspension of Peggy was discussed…

Coleman: It was…[Petrilli] said she could not go back…wanted to look into retirement…

Golden: From Thursday the 22nd until Sunday, are you aware of any investigation or any new information…?

Coleman: No…Peggy told us she was trying to figure out what to do….She was supposed to call…She said she wasn’t going to school the next day…We wanted to do what she wanted us to do…She had not made a decision…She wanted to talk to her minister..

Golden: …since Silberman meeting [any new allegations?]

Coleman: She had admitted to several items on the list...site based…She said, ‘Yeah this is true”…payments directly made to a teacher for t-shirts…she said, ‘Yeah that was true…”

Golden: With all that information Mr Silberman still offered her the job at northern

Coleman: That was always the intention to help her…

Golden: But Peggy had not done what Mr Silberman had wanted…walk out and go to Northern…?

Coleman: …[she said,] ‘I don’t know what to do’…[I said,] What do you mean you can’t go back there…[Silberman] said you know Northern has an interim principal right now…you’d have to apply and go through the process later…We didn’t want to suspend her…

Golden: The choices were that she could resign or retire…or she’d be suspended…

Coleman: She said she was going to resign or retire and we couldn’t get an answer from her…

Golden: What were you going to do if Peggy didn’t resign or retire?

Coleman: Actually, in the cabinet meeting…[suspension] came up…It was decided that no…we didn’t want to do that….

Golden: You and Fabio went to Peggy’s house…

Coleman: We just wanted to talk to her…we were close to Peggy…worried about her…see what she wanted…what she decided…

Golden: Do you recall on Monday...Silberman making the decision that if she did not resign or retire…

Coleman: She was supposed to call me and she didn’t. The next thing I heard was that she had an attorney and I was out of the loop

On cross examination McNeill got Coleman to clarify the district's actions in consideration of suspension.

McNeill: ...The question of suspension came up…who suggested it…

Coleman: I believe that was our board attorney…She left to draft a letter

McNeill: Did the superintendent follow that advice…to send out a suspension letter that Sunday

Coleman: No he didn’t.

Despite being Petrilli's supervisor of less than two months, Coleman outlined a long series of interventions of Petrilli's behalf that echoed McLaughlin's prior testimony.

McNeill asked her to walk through the BTWA issues she had to handle. Coleman described receiving complaints from the district Title I office, the Gifted and Talented office, the Special Education Department. There was particular concern over problems implemanting the district's Reading First grant because mistakes at one school would jeopardize funding for the entire district, and 11 schools were involved.

To bolster his racial discrimination argument Golden asked Coleman to confirm a state law [the cite for which I did not catch] that indicated of the superintendent, "He shall be responsible for Hiring and …" Coleman said, "Well, I’ve got a problem with where it says "he"… but otherwise had no retort.

Actually, the applicable statute is KRS 160.345(2)(h) which provides:

From a list of applicants submitted by the local superintendent, the principal at the participating school shall select personnel to fill vacancies, after consultation with the school council. Requests for transfer shall conform to any employer-employee bargained contract which is in effect. If the vacancy to be filled is the position of principal, the school council shall select the new principal from among those persons recommended by the local superintendent. Personnel decisions made at the school level under the authority of this subsection shall be binding on the superintendent who completes the hiring process. The superintendent shall provide additional applicants upon request when qualified applicants are available.

So, does the superintendent, technically, hire the principal? You bet. But he or she does not get to select who that is except under special circumstances.

This from Jim Warren at the Herald-Leader:

School staffer backs up Petrilli's claims

Some Booker T. Washington Academy parents wanted an African-American principal in 2005 and were unhappy when they didn't get one, according to testimony Wednesday in Fayette Circuit Court.

Cheryl Jones, a staffer at the school, said in taped testimony that there was a desire for a black principal among some site-based council members at the Academy at Lexington, one of two elementary schools that merged to form Booker T. Washington in 2005.

Jones said the parents had some candidates in mind when their work was rendered "null and void" by Fayette County Schools Superintendent Stu Silberman's appointment of Peggy Petrilli. Asked if she was shocked by the appointment, Jones said, "Yes." ...

Jones' testimony Wednesday was the strongest independent support so far in the case for Petrilli's contention that a group of parents wanted a black principal and were angered when she was named....