Sunday, August 10, 2008
News
OPS attorney claims district's immune in lawsuit
By DOMINIC ADAMS Argus-Press Staff Writer
SAGINAW - Attorneys representing Owosso Public Schools will ask a Saginaw County Circuit Judge to dismiss part of a civil lawsuit Monday.
Jim McAvoy, the former Owosso Public Schools technology director who was laid off and subsequently fired in 2007, is suing Owosso Public Schools, Superintendent Greg Gray, Assistant Superintendent Gary Bredahl and Board President Greg Cobb for seven different counts surrounding McAvoy's termination.
The Grand Rapids firm Kluczynski, Girtz and Vogelzang claim their clients are protected under governmental immunity on McAvoy's claims of false light of invasion of privacy, defamation/slander and intentional infliction of emotional distress. The attorneys also say McAvoy's claim that the district violated Michigan's Child Protection Law is invalid.
“I want them to pay off two years of my contract and that's what legally they owe. (I want the district to) make restitution for the damage they've caused my family,” McAvoy said of his hopes for the lawsuit. “I don't want to hurt the school district anymore.”
McAvoy was the only administrator fired during a May 2007 meeting. The district trimmed more than $1 million from its budget with the move and eliminated four other central office positions.
The district's attorney, Mark Ostrowski, refused to comment on the pending case. Gray also refused comment until after Monday's proceedings, saying the case is with the district's insurance company.
McAvoy contends Bredahl violated the state's child protection law by covering up an incident where a substitute teacher inadvertently showed pornographic images he brought to school to fifth-grade students.
The incident wasn't reported until three weeks after it happened. McAvoy claims it was because Owosso Schools had a bond proposal looming.
Owosso Public Schools' attorneys claim there was only one pornographic image on the sub's personal USB drive, court documents show.
An investigation report from the Owosso Police Department states the sub's zip drive contained, “four pictures of a female subject in a bikini, four pictures of two young kids swimming nude, two pictures of nude females, one picture of a nude female... and one picture of numerous nude subjects.”
Attorneys for Owosso Public Schools claim the school was engaged in a governmental function and therefore cannot be liable on any charges of false light of invasion of privacy, defamation/slander and intentional infliction of emotional distress.
“Thus, regardless of whether the superintendent (Gray) made knowingly false statements there was no basis for avoiding governmental immunity,” court documents state. “...To the extent Mr.Bredahl actually referred to McAvoy as a thief during a school board meeting while acting as the school superintendent such statement was clearly made in the course of his official duties...The same is true of any communication by superintendent Gray or defendant Bredahl with school district employee Randy Miller regarding an investigation into embezzlement by Mr.McAvoy.”
McAvoy said Gray and Bredahl were barred from discussing any investigation of McAvoy with other district employees.
“I have proof of everything,” McAvoy said.
Saginaw County Circuit Court Judge Fred L. Borchard also will eventually rule on three other claims from McAvoy alleging breach of contract, violations of revised school code and breach of administrator agreement.
McAvoy said the pending lawsuit he filed against the district might be a factor in his inability to obtain similar employment with other organizations during the past year and a half.
“Originally, I wanted my job back, but my lawyer tells me that's not going to happen,” McAvoy said.
Borchard dismissed a civil lawsuit brought by McAvoy in December where he alleged the district violated Michigan's Open Meetings Act.
McAvoy estimated the district owes him about $226,000 for the two years of his salary and benefits. He also seeks at least $25,000 in restitution for legal fees.
The case is in Saginaw County Circuit Court because McAvoy said he is friends with Shiawassee County Circuit Court Judge Gerald Lostracco.
Jim McAvoy, the former Owosso Public Schools technology director who was laid off and subsequently fired in 2007, is suing Owosso Public Schools, Superintendent Greg Gray, Assistant Superintendent Gary Bredahl and Board President Greg Cobb for seven different counts surrounding McAvoy's termination.
The Grand Rapids firm Kluczynski, Girtz and Vogelzang claim their clients are protected under governmental immunity on McAvoy's claims of false light of invasion of privacy, defamation/slander and intentional infliction of emotional distress. The attorneys also say McAvoy's claim that the district violated Michigan's Child Protection Law is invalid.
“I want them to pay off two years of my contract and that's what legally they owe. (I want the district to) make restitution for the damage they've caused my family,” McAvoy said of his hopes for the lawsuit. “I don't want to hurt the school district anymore.”
McAvoy was the only administrator fired during a May 2007 meeting. The district trimmed more than $1 million from its budget with the move and eliminated four other central office positions.
The district's attorney, Mark Ostrowski, refused to comment on the pending case. Gray also refused comment until after Monday's proceedings, saying the case is with the district's insurance company.
McAvoy contends Bredahl violated the state's child protection law by covering up an incident where a substitute teacher inadvertently showed pornographic images he brought to school to fifth-grade students.
The incident wasn't reported until three weeks after it happened. McAvoy claims it was because Owosso Schools had a bond proposal looming.
Owosso Public Schools' attorneys claim there was only one pornographic image on the sub's personal USB drive, court documents show.
An investigation report from the Owosso Police Department states the sub's zip drive contained, “four pictures of a female subject in a bikini, four pictures of two young kids swimming nude, two pictures of nude females, one picture of a nude female... and one picture of numerous nude subjects.”
Attorneys for Owosso Public Schools claim the school was engaged in a governmental function and therefore cannot be liable on any charges of false light of invasion of privacy, defamation/slander and intentional infliction of emotional distress.
“Thus, regardless of whether the superintendent (Gray) made knowingly false statements there was no basis for avoiding governmental immunity,” court documents state. “...To the extent Mr.Bredahl actually referred to McAvoy as a thief during a school board meeting while acting as the school superintendent such statement was clearly made in the course of his official duties...The same is true of any communication by superintendent Gray or defendant Bredahl with school district employee Randy Miller regarding an investigation into embezzlement by Mr.McAvoy.”
McAvoy said Gray and Bredahl were barred from discussing any investigation of McAvoy with other district employees.
“I have proof of everything,” McAvoy said.
Saginaw County Circuit Court Judge Fred L. Borchard also will eventually rule on three other claims from McAvoy alleging breach of contract, violations of revised school code and breach of administrator agreement.
McAvoy said the pending lawsuit he filed against the district might be a factor in his inability to obtain similar employment with other organizations during the past year and a half.
“Originally, I wanted my job back, but my lawyer tells me that's not going to happen,” McAvoy said.
Borchard dismissed a civil lawsuit brought by McAvoy in December where he alleged the district violated Michigan's Open Meetings Act.
McAvoy estimated the district owes him about $226,000 for the two years of his salary and benefits. He also seeks at least $25,000 in restitution for legal fees.
The case is in Saginaw County Circuit Court because McAvoy said he is friends with Shiawassee County Circuit Court Judge Gerald Lostracco.