West Salem update
In late July, I asked the AG to file a mandamus action against the West Salem School District, as well as to opine on whether or not the school district should release the records I requested.
On August 19, the AG’s office responded, declining to bring a mandamus action.
The response read, “It certainly is possible that an investigation continues even after an employee is terminated. It is possible, therefore, that section 19.36(10)(b) is still applicable.”
The letter goes on to say that whether or not the school district is continuing an investigation is a factual issue, although the attorney who wrote the letter said that the AG’s office is not in a position to make such a determination.
The Coulee News reported on Saturday that John Smalley is scheduled to return as principal on September 9- tomorrow. Here’s an excerpt from the article:
A school district press release said the board’s decision to fire Smalley “was made on the advice of legal counsel and based on that legal counsel’s representations regarding the investigation he conducted. That investigation was not complete. Soon after the termination decision, the school board learned that it had received erroneous legal advice regarding its decision.”
After the school board learned of the problem with the legal advice, the board reinstated Smalley, reimbursed him for the salary and benefits he would have received and placed on him on paid administrative leave. Meanwhile, the district hired a new attorney, who advised the school board have an attorney investigate the facts and evidence related to Smalley.
The Coulee News reports today that some parents are planning to protest Smalley’s return.
They [parents] will be keeping their elementary-age children home from school and walking a picket line in front of the school to object to John J. Smalley’s return, said Tammy Gensch, a member of the group and parent of an elementary and middle school student.
And here the La Crosse County DA said this matter wasn’t of public concern.
I don’t have an opinion of Mr. Smalley because I don’t know all of the facts. I wonder, though, how he and the rest of the school district will adjust after such a contentious fight.
