Dothan school board files motion to dismiss former superintendent’s $500K lawsuit

In a civil suit filed in January of this year, Edwards, through her lawyer, demanded more than $500,000 from the Dothan City School’s Board of Education claiming breach of contract, conspiracy, and deprivation of her rights to due process under the 5th and 14th Amendments.

She claimed her “intent to resign” letter dated Sept. 8, 2020 only stated an intent to resign at some point in the future, but that she intended to work for the next 120 days as laid out in her contract.

In her letter, Edwards wrote, “As we move into another unprecedented season and one that we have no knowledge on how to specifically address, it will be critical that the board has a quality trust and level of confidence in the Superintendent. I understand that times change and may necessitate a new leader, one that share’s the board’s vision of success and matches the desire of the community.”

On Sept. 14, board members accepted her resignation and appointed then-Chief Operations Officer Dennis Coe as acting superintendent. He was named superintendent earlier this year.

Edwards’ Montgomery-based attorney Jacob Fuller filed a formal complaint against the Dothan City School Board and all acting board members – Chairman Mike Schmitz, Vice-Chairman Brenda Guilford, Chris Maddox, Amy Bonds, Brett Strickland, Susan Vierkhandt, and Franklin Jones, in their individual capacities – in the United States District Court for the Middle District of Alabama on March 24, according to court documents.

The complaint states that Edwards was “frequently subject to actions and behavior by certain board members to undermine her authority and sabotage her ability to do her job,” despite being “exemplary” in her role as superintendent and never receiving a negative review by the school board.

The complaint states that in one instance, the board’s vice chairman, Guilford, told Edwards she was “insubordinate” to her, and told other board members the same outside of the meeting.

Fuller’s assertion that he first went public with on Jan. 19 is that school board members were in a haste to get rid of Edwards instead of letting her work the 120 days required under the contract. He said she is owed to be paid out the remainder of her contract – $584,000.

In response to the claims, three attorneys representing the school board – Kevin Walding, Carl Johnson Jr., and Wilson Green – filed a motion on April 26 asking the judge to dismiss the complaint on grounds that the plaintiff failed to state a claim upon which relief can be granted.

The motion says that Edwards’ resignation was unconditional and she is trying to perverse the 120-day contractual notice clause in her suit, rendering it effectively meaningless, if not absurd.

“It would permit a superintendent who had admittedly lost the confidence of her employer and who acknowledged a need for a change in the superintendency to wrangle extra-contractual financial concessions from the Board by keeping one-foot-in-and one-foot-out of the superintendency for the duration of her contract term, thereby placing the Board in a state of an indefinite administrative and functional suspended animation while in the throes of an unparalleled public health crisis,” the motion stated.

“That interpretation of the notice clause effectively nullifies it, and common sense as well as applicable state and federal law forecloses such overreaching.”

It also states that board members could not be sued in their individual capacities for actions made as school board officials.

Edwards has until June 4 to show cause in writing why U.S. Magistrate Judge Jerusha T. Adams should not grant the defendant’s motion to dismiss the complaint.