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What happened to: Baker’s lawsuit heading to court
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Editor’s note: This is one of a series of stories to be published on naplesnews.com and in the Daily News through the end of the year, looking back at people and issues that had been in the news during the past year, but not recently.
If either former Superintendent Ray Baker or Collier County School District officials were hoping to quickly settle the lawsuit Baker filed against the district, they can think again.
The lawsuit will have to go to trial.
The suit will go before a judge because it involves Baker’s participation in the Florida Retirement System (FRS), which is the state’s public employee retirement system.
School Board attorney Richard Withers said the state’s involvement makes reaching a settlement difficult and complicated.
“We did try,” Withers said. “But the way the FRS system works, we have no choice but to go to court.”
Baker’s attorney, Jeffrey Fridkin, filed the suit against the district Aug. 20. The lawsuit alleges that the School Board violated state Sunshine Laws, so its July 31 vote to fire Baker was void.
The termination vote came the same day the board voted to begin negotiations with Rockford, Ill., Superintendent Dennis Thompson, who was hired to head Collier County schools Aug. 20.
Baker’s suit alleges that School Board Chairwoman Linda Abbott and board members Steve Donovan and Richard Calabrese conspired against him by violating the Florida Government in the Sunshine Law by communicating in secret and with each other to declare his contract void before the July 31 public meeting.
Baker has requested a judge rule that he enjoy all rights and benefits under his contract, including the right to serve as superintendent, until any lawful termination or expiration of his term. Baker had indicated he intended to retire when his contract expired June 30, 2009.
Depositions are expected to begin in early January, with Calabrese scheduled first on Jan. 4, Withers said.
Fridkin also has filed a request for information from the district that would give Baker access to any e-mails that Abbott, Donovan, Calabrese, Thompson, Barron Collier High School teacher Terry Walters, James Lawson, Kim Kelly, Dorene McShea, Abbott’s husband, Charlie, and reporters for the Rockford Register Star might have received from Dec. 1, 2006, to Aug. 1, 2007.
Baker’s termination came a week after a report was released following a four-month investigation into how credits were given at Collier County high schools. The report looked at high school courses district-wide, addressing course credit issues and questions raised by students and parents.
The report indicated that some students were receiving different credits for taking the same course and the district added the term “honors” to course titles, although the Florida Department of Education didn’t authorize a course title with that designation.
Despite public support for Baker, the board voted 3-2 to void his contract, asking that he be removed immediately. Board members Pat Carroll and Kathleen Curatolo cast the dissenting votes.
Calabrese, who made the motion to fire Baker, said the then-superintendent was required to perform certain duties, including adhering to all laws and rules of the Board of Education and the supplemental rules of the board.
Calabrese said the report showed Baker failed to adhere to those duties.
Baker’s contract required that the board give him 14 business days’ notice before holding a meeting to terminate him without cause. If that didn’t occur, Baker would be able to sue under Florida’s tortious interference with a contractual right, which occurs when a contract is breached, causing damage to Baker.
Baker’s contract is constructed in such a way that the School Board was able to fire him without cause, but would have to pay the remainder of his contract.
The contract allowed the board to fire Baker with cause without paying the remainder of his contract if he tendered a written resignation; failed, neglected or refused to come to work while in good health; if he were to be convicted of a felony; or if he were found medically incapable of fulfilling his duties.
The suit seeks damages for more than $15,000. In addition to compensatory damages involving the remainder of his contract, the suit also seeks interest on the money involved, as well as costs and attorney fees.
In November 2006, the School Board vote 4-1 to give Baker a 5 percent performance pay increase, in addition to the 6 percent cost-of-living increase he received in August 2006. The vote pushed Baker’s salary from $198,000 a year to $207,000.
Comments
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Baker blows....I'm glad you aren't around anymore!
#1 Posted by naplesnewsreader on December 19, 2007 at 10:45 p.m. (Suggest removal)
Yeah, it is soooooo much better now, without Baker. Good move by the powers that be. Naplesnews, you might be a reader, but you might want to be a NaplesNewsThinker.
#2 Posted by volochine on December 20, 2007 at 1:43 a.m. (Suggest removal)
Wow - your idea of better is really questionable -
I can't think of one single thing that has improved since Mr. Baker was ousted - please share with us all of the great things that Dennis-the-menace and his singing chicks have done to make this a better place to live and work - just one will be a stretch!
Baker might not have been your idea of the most effective super, but things certainly weren't this messed up! Mr. Baker at least had respect for his staff, class in his actions and a personality, none of which Denny has - MR. MACHINE
#3 Posted by stupified on December 20, 2007 at 5:44 a.m. (Suggest removal)
Good moves? Well It's only been a few months and since then, Dr. T has had to deal with complaining teachers and porno principals......
it will be much better with Dr. T and you GREEDY government school teachers will get your money eventually...so keep wearing your red and continue to turn down bonuses.....
oh, by the way, you should hurry and resolve this because next year in coming quicker than you think and you'll have something new to complain about......but you are probably planning that already.....
so boo and hiss all you want....how professional...HA!
#4 Posted by naplesnewsreader on December 20, 2007 at 7:21 a.m. (Suggest removal)
Had enough? DECLARE YOUR INDEPENDENCE @ colliervotes.com
#5 Posted by letsroil on December 20, 2007 at 7:41 a.m. (Suggest removal)
haha i thought the mr. walters thing was funny because everyone knows he wouldn't be stupid enough to write anything incriminating in a email that anyone could read. I mean he is a lawyer after all
#6 Posted by ccaroline on December 20, 2007 at 7:46 a.m. (Suggest removal)
The sad fact is three members of the Board totally blew it! Under legal terms it is just a matter of time and this will be over and the public will realize the unbelievably poor timing of the Board. If they desired to fire Mr. Baker they could have done it very easily and saved a huge mess!
As for the comments that Dr. Thompson is having to deal with previous messes, with all due respect he is making his share of messes on his own! Who do I blame for all the messes, ABBOTT-DONAVAN-CALABRESE!
I voted for Linda Abbott when she first ran, in all fairness her first two years on the Board were productive and positive the past six have been full of hidden agenda items that have damaged Public Education in SW Florida.
I voted for Steve Donavon the first time he ran, WOW, he was a different and better person in that time. Ego and "power" have taken over, at least in his own mind.
Richard Calabrese, well, the biggest political mistake in Collier County since Harry Rothchild! No ethics, No cuth, No understanding, No administrative abilities, and from what I can understand no awareness on when and what to kiss!
The only way out of this mess is..........
the three board members resign!
#7 Posted by teachtrouble on December 20, 2007 at 7:48 a.m. (Suggest removal)
This is a nightmare that is just beginning to get ugly...
#8 Posted by fsurandal37 on December 20, 2007 at 8:39 a.m. (Suggest removal)
Here we are many months after the career assaination of Baker by the Abbotts, Donovan and King C, and their boy Denny continues to screw things up, focus on the minor while the major, like our teachers, get nothing but abuse.
Save the Baron principal as being Baker's fault. That is simply ignorant.
Get ready to pay full damages, and then some Collier County. We are stuck with dumb ol Denny, and the rest of the clowns on the school board.
Heck now Linda/Charlie is Chair-person. "Sigh/Hmmmm/Sigh should we do that dumb rear thing......ok passed 3/2." God help our children in CCPS.
#9 Posted by sowestfla1975 on December 20, 2007 at 9:19 a.m. (Suggest removal)
Right on Mr. Baker!!!!! Go for it!!!! You were/are great and so the saying goes, Give 'em hell, Harry (Ray)!!!!! There are plenty of people behind you. Oh, to have you back!!!
And for you Abbott supporters, this will all be cleaned up, and Abbott and her crew will be found out for violating the Sunshine Laws!!!! So long Donovan, Abbott and Calabrese!!!!
#10 Posted by promdate on December 20, 2007 at 9:25 a.m. (Suggest removal)
Here comes promdate/stupified/ecoterror/wisernow, or whatever else .....
Come on. Can't you Curatoplo supporters be a little more creative than that?
...smells like fish.............
#11 Posted by sydney1 on December 20, 2007 at 9:41 a.m. (Suggest removal)
I would like to see the entire school board resign myself. Carroll and Curtollo are the ones who let Baker get out of hand in the first place and left us with this life time contract that we will now have to pay off.
The other three have totally lost it. I too voted for Abbot and Donovan thinking they would bring a fresh perspective to the board. That they have done, but not the way most of us thought they would.
I think as a community we need to come together and force the resignation of the entire school board so we can start all over. It may be the only way we can regain control of our school system.
#12 Posted by swfl_ff on December 20, 2007 at 1:12 p.m. (Suggest removal)
These blog postings continue to amaze me. It will be nice to finally get all the facts out in the sunshine where they should have been on 7/31. It is a shame that legal proceedings take so long. Richard Withers advised the board not to fire Mr. Baker in the manner they chose as he believed the action was outside the parameters of the contract.
Now a court will decide who was right. What are the penalties for violating the Sunshine Law?
I will be glad when we hear the truth. Then the opposing factions can find something else to jump onto polar opposite sides and take pot shots at one another over a different topic.
The students end up being the real losers in these situations. Petty politics and the resulting upheaval for district employees cannot help but hurt the students. The district had been in the most stable period in recent history until 7/31. Now we will be re-creating what many people have given their careers to build due solely to the whims of three people. That is not how democracy is supposed to work.
#13 Posted by trainwreck on December 20, 2007 at 1:17 p.m. (Suggest removal)
"Dr T" is worse than Baker, which I didn't think was possible. Donovan, Abbott, and Calabrese need to go, along with "Dr T". I can't believe anyone would support this guy. He has all these demands, and people to bring with him, no wonder there is no money in the budget. "Dr T" and his three followers account for at least $500k of the budget, not to mention there are people all ready doing those jobs of the three followers. So basically, two people are getting paid for one job.
Naplesnewsreader, would you take a 1 percent bonus? Or do you even work? Maybe you are one of the old retirees down here that has nothing better to do down here than complain about nonsense. I know I wouldn't accept that as a bonus. I would look at it as a joke, especially with a teacher's salary. After taxes, that bonus probably wouldn't even amount to $250.
Teachers deserve a lot more appreciation for not only what they have to do, but what they have to deal with on a day to day basis. They should be granted a raise, a well deserved raise at that, NOT a bonus. Teachers deal with our future, and they deserve a lot more respect and deserve much better than "Dr T", his followers, and the school board that is in bed with him.
#14 Posted by napleska7 on December 20, 2007 at 7:48 p.m. (Suggest removal)
I hope that Baker regains his position and summarily terminates Dr Thompson, and his chicks....
I still can't believe this new super gets paid 240,000 plus another 30,000 in lieu of retirement. WAY TOO MUCH!!!
#15 Posted by teacher123 on December 20, 2007 at 8:52 p.m. (Suggest removal)
Government Employees "dealing" with our future...how lovely!
#16 Posted by naplesnewsreader on December 20, 2007 at 11:39 p.m. (Suggest removal)
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