ANGOLA — A pretrial conference in the lawsuit between Metropolitan School District of Steuben County Superintendent Brent Wilson and the school district and its board has been continued until March.
The telephonic conference had been set for Tuesday at 10 a.m. in Steuben Superior Court but was continued to March 2 at 10 a.m. because Wilson's attorney had become incapacitated.
"Recently, Plaintiff’s lead counsel, Linda Pence, fell and suffered an injury, which required hospitalization and surgery. Therefore, she is unable to participate in the pre-trial conference and respectfully requests that the pre-trial conference be rescheduled for a date in late February or early March when she can participate," said a motion for continuance.
A trial date has not been set, but the postponed hearing takes the case beyond the current Indiana Supreme Court order that no trials take place in Indiana until after March 1 due to the COVID-19 pandemic.
In a hearing last month Steuben Superior Court Judge William Fee ruled that Wilson may move ahead with his lawsuit against the district and its school board.
Named in the suit are MSD and board members in place when the suit was filed March 3: Brad Gardner, Case Gilbert, LeAnn Boots, Cory Archbold, Marilyn McCormick, Kevin Beard and Scott Poor. McCormick resigned last year due to a change of address and has been replaced on the board by Rebecca Maggart, elected by District 2 voters in November. Gilbert's District 1 seat was won by Mark Ridenour in last fall's election.
The defendants, represented by attorney Matt Elliott, entered a motion for judgment. Fee denied the motion, allowing the suit to move forward.
The motion for judgment tested whether Wilson had a viable case. Fee said in his order that Wilson's "pleadings are sufficient to bring a claim of breach of contract."
Wilson says the board violated the terms of his contract when it removed a roll-over provision in 2016 without his consent. The five-year rollover provision added one additional year each year on June 30, resulting in a continuous five-year contract.
At the November school board meeting, the board voted 5-2 not to renew Wilson’s contract.
Fee said the board must defend its position because state law proffered by its legal team does not apply to contracts created in 2012 when Wilson and MSD agreed on the roll-over provision. Indiana Code 20-28-8-6, which details an Indiana superintendent's employment, became effective July 1, 2017. Fee said the court should consider both the law and the terms of the contract.
"This is the heart of the plaintiff's contention: That the contract was intended to bind the parties until Dr. Wilson's retirement," wrote Fee in his order, filed Dec. 28.
Fee also remarked on the board's assertion that the members cannot be sued.
"Indiana law is clear that office holders may be sued in their official capacities," Fee said, adding that the personal assets of the defendants are not at risk.
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