Infighting and lawsuit likely consequences of mass firings
Examiner Staff Writer
November 1, 2009
A lawsuit filed by the Washington Teachers' Union which aims to
put fired teachers back to work could determine whether Chancellor Michelle Rhee holds on to her ability to manage city school employees, officials said.
A hearing on a preliminary injunction request before Judge Judith Bartnoff in D.C. Superior Court is scheduled for Thursday. The union seeks to reverse a reduction in force that left 266 school employees without jobs, and wants Judge Bartnoff to stop the firings until a full trial can be held.
But such an injunction would "deny Rhee the ability to manage her work force" said D.C. Attorney General Peter Nickles.
Nickles' office filed a 33-page memorandum Friday in opposition to the injunction. "If DCPS is not allowed to proceed with the RIF on the timeline it has set, other cuts must be made to essential programming, or different staff will be subject to termination resulting in additional -- and unnecessary -- disruption during the school term," Nickles wrote.
The council, during its marathon hearing last week on the mass terminations, confirmed that Rhee ignored their directives in favor of her own plans. Through the fiscal 2010 budget, the council directed Rhee to slash summer school slots by half -- saving $9 million. Instead, she terminated hundreds of staff.
Council members deemed it political gamesmanship, arrogant, even illegal. Rhee explained it was the right thing to do, preferable to making cuts that affect a child's education. The union claims Rhee used a budget shortfall to rid the school system of certain employees.
Bartnoff can do what the council cannot -- reverse Rhee's action.
Another outcome of the hearing may be the dismissal of Noah Wepman, the school system's chief financial officer. Wepman acknowledged Thursday that he kept Chief Financial Officer Natwar Gandhi out of the loop when it came to the DCPS budget problems.
"Action is being contemplated," David Umansky, CFO spokesman, said Friday.
Council members, meanwhile, vowed to press on with their investigation..
"The council is struggling with how to handle the arrogance," said at-large Councilman Phil Mendelson. "We're struggling with, on the one hand there ought to be a consequence and on the other hand what is in the best interest of the citizens and the school children. It's finding the right balance."
What will not happen, sources say: A reversal of the public school reform act adopted by the council in 2007. Fenty will retain his control of public education, and Rhee will retain her job as chancellor.
