An open letter to the Red Oak Community School Board

 May 29, 2014

It is still not too late to change your minds and to either halt or delay the consideration of termination of Principal Sherman’s contract. Your chairman has stated on the radio that it would be “disrespectful” to Mr. Sherman to publicly discuss the evaluation of his performance as an administrator. Yet we now have heard Mr. Sherman himself practically begging to have the evaluation discussed publicly. How could it possibly be disrespectful of him to give him what he wants? Or are there other reasons, unstated, that cause the Board to refuse the open meeting? If so, do you not by this juncture believe that the whole saga will be brought forth into the public eye one way or the other?

I urge you to communicate with your legal counsel as quickly as possible to consider alternative methods of resolving this affair. Perhaps something can be worked out which can still bypass the administrative hearing process. Perhaps something creative and constructive can still occur.

I know all of you to be concerned about the community, and I hate to see you paint yourselves into a box. I say this out of hope, hope that deep and lasting divisions within the community can be averted.

Even if the concept of alternative dispute resolution frightens you, or your attorneys advise against it, please do realize that the administrative process itself could ultimately circle back to you, the Board, making the ultimate decision as to whether the matter lands in the Iowa District Court. Please carefully review Iowa Code Section 279.24 and ask plenty of questions. This is not apt to be as simple as letting the Administrative Law Judge decide. That judge merely issues a “proposed decision.” It only becomes final after a particular chain of events. Even then, the final decision, from which appeals to Court may be taken, is called the “final decision of the School Board.” The matter could take a very long time to be resolved. Why do you wish to turn this over to a non-community member, even for partial decision? What is so difficult here?

It is still not clear to me or to the public exactly what litigation was imminent in early May when you entered closed session and came out to commence the termination process. Was it merely the administrative process itself, and if so, have you completely explored with counsel whether those grounds for closing the session were sufficient and defensible? But more importantly, why do you wish to drag the community and the District into that whole morass of legalities? Why not get the substance of your questions about the Principal’s performance as an administrator out in the open?

To echo some of the community members who spoke on Monday, May 12, 2014, at one of your meetings, please be sure, be very sure, that pursuit of this termination is best for the school and the community. You have the power, and I believe, the collective wisdom to find a way to pull back from the brink of protracted litigation. I still hope that you have the courage to do so.

Thank you, 

Josiah Wearin

Please note: This letter is strictly my opinion and I have not reviewed it with Mr. Sherman or his representatives or supporters before reading it.