Monday, September 8, 2008

LT: Sept. 5th, 2008, Klaus is still trying to shake down the EC community for his own benefit!

Will we ever be able to shake this "tar baby" from our community??? Maria

Updated: 9/5/2008 11:22:01 PM
Klaus seeks hearing but not before school board
By Christena T. O'Brien and Julian Emerson
Leader-Telegram staff
Suspended last month by the Eau Claire school board, former Superintendent Bill Klaus is requesting an evidentiary hearing before an arbiter other than the board.

"Dr. Klaus has never been provided an evidentiary hearing affording him an opportunity to meaningfully respond to the allegations and materials presented by/to the board," Klaus' attorney, Tom Guelzow, said in a letter to Superintendent Ron Heilmann and board President Carol Craig.

However, the school board isn't required to grant the hearing, said Kirk Strang, attorney with Davis and Kuelthau of Madison, who has represented the board during an investigation into allegations of wrongdoing by Klaus regarding his contract.

Klaus' contract guarantees him a hearing before the board if he had been fired. But because the board suspended Klaus instead of firing him, board members don't necessarily have to grant Klaus' request.

Klaus' contract states that he have "a fair and impartial hearing before the board" but does not state the he be allowed a hearing before another entity.

"I will review this request with the board," Strang said, "but this board has afforded Dr. Klaus the opportunity to make his case."

Last month the board suspended Klaus without pay until June 15 after an investigation into his attempts to access his $267,209 retirement stipend earlier than previously called for in his contract. The board's inquiry spanned several months behind closed doors and included lengthy discussions with Klaus.

The board also shortened Klaus' employment contract by two years, and Guelzow said he "most certainly" planned to file a lawsuit against the district on Klaus' behalf after the board announced the suspension.

In the letter to Heilmann and Craig, Guelzow called the suspension imposed by the board "arbitrary and capricious" and demanded the hearing "as the risk of an erroneous decision by the board and the potential harm to Dr. Klaus are both substantial."

District officials received the request from Klaus' attorney on Friday and referred it to Strang, Heilmann said.

"At this point, it's in the hands of our attorney," Heilmann said.

Neither Craig nor Guelzow could be reached for comment Friday, and several school board members declined to comment when asked about Klaus' request.

Controversy about Klaus' contract surfaced in April after revelations that he directed Carol Olson - the former school board president who was no longer a board member at the time - to sign and backdate a document allowing Klaus to begin receiving his stipend last August.

Several board members said the board never discussed granting Klaus his retirement stipend at age 53, and board meeting minutes don't show the board approved that action. However, other board members, including Olson, said the board intended to give Klaus that money starting at 53.

Klaus didn't receive that money after the board, in October, determined he couldn't access it until age 55. He said he requested the money early to ensure it went to his family in case he died before retirement.

The controversy sparked investigations by Eau Claire police and the school board.

In June Eau Claire County District Attorney Rich White announced he would not prosecute two Eau Claire school district employees and a former school board member in connection with alterations to Klaus' contract.

Klaus transferred from his superintendent position - a job he held for nine years - in July 2007, when he took over as Northstar Middle School principal. He was suspended with pay in April after revelations of his contract discrepancy.

Emerson can be reached at 830-5911 or julian.emerson@ecpc.com. O'Brien can be reached at 830-5838 or christena.obrien@ecpc.com. Both also can be reached at 800-236-7077.