News

Ruling on school employee dismissal coming

By DOMINIC ADAMS Argus-Press Staff Writer

Tuesday, September 9, 2008 10:30 AM EDT

SAGINAW - Judge Fred L. Borchard told attorneys he needed some time to decide if he would dismiss part of a civil lawsuit filed by a former employee against Owosso Public Schools.

Jim McAvoy, the former Owosso Public Schools technology director who was laid off and subsequently fired in 2007, is suing the school district, Superintendent Greg Gray, former Superintendent Gary Bredahl and Board President Greg Cobb on seven different counts surrounding McAvoy's termination.

Attorney Mark Ostrowski asked Borchard to dismiss claims governmental immunity protects the district on McAvoy's claims of false light of invasion of privacy, defamation/slander and intentional infliction of emotional distress and accusations that the district violated Michigan's Child Protection Law.

“We believe that it's clear based on applicable law that the claims that he alleges are barred through governmental immunity,” Ostrowski said.

Attorneys for both sides argued the case Monday in Saginaw County District Court. The case was reassigned to Saginaw County when Shiawassee County Circuit Court Judge Gerald Lostracco recused himself.

A Saginaw County Court Clerk said Borchard would probably issue a written opinion on the partial dismissal within the next two weeks.

McAvoy contends Bredahl violated the state's child protection law by covering up an incident where former substitute teacher William Tabacchi 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 Public 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 USB drive contained four pictures of two young children swimming nude, two pictures of nude females, one picture of a nude female and one picture of numerous nude subjects.

“The substitute didn't intend to show students pornography,” Ostrowski said in court Monday. “He may have been stupid, there's no reasonable inference Mr. Tabacchi intended to expose any students to these pictures.”

McAvoy's attorney Jeffrey Ray countered and said Tabacchi never should have brought the pictures into the school.

“Here there was reasonable cause to at least suspect child abuse had been going on,” Ray argued.

McAvoy contends Owosso Public Schools fired him because he threatened to file a police report. He also said the district didn't want to go to the police because there was a bond issue upcoming.

“There was an investigation and it turns out there was some pornography on the computer,” Ostrowski said. “The administration wanted to find out exactly what happened before it took action.”

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,” Ostrowski's written motion reads. “...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.”

But that action, Ray contends, and the fact that McAvoy couldn't discuss the investigation with other district employees violated Owosso Public Schools' harassment policy.

“Because this clearly violates Owosso Public Schools' harassment policy, how could this be under the scope of governmental immunity,” Ray asked Borchard.

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.

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 restitution for legal fees.

Gray said there has been no talk about settling the case.

“We'd like the situation to be done...Obviously” Gray said. “Obviously it's the decision of the board, it's not my decision. I'm just the conduit of information. Once it gets to our attorneys I have very little to do with it.”

Comment on this Story

concerned parent wrote on Sep 11, 2008 8:02 PM:

" How can a school district NOT be responsible for their actions??? GOVERNMENTAL IMMUNITY???? The way I see it the district isn't denying that they slandered McAvoy or inflicted distress etc... but it's all ok because they can claim to be immune by some law??! How are these administrators treating our children and will they be immune to what they choose to do because it is a government entity? If you treat your employees with such disrespect it speaks loudly to how you could treat our children!! I don't think Owosso can afford to kick itself anymore with this type of leadership in administration when there are SO many good things being over-shadowed by the bad choices of these few!!! We have 95% of great staff, curriculm, parents, volunteers and most of all STUDENTS, the real reason these bad apples have their JOB!!!!!!!!! Owosso deserves better and more importantly our children deserve the best we can give them in leadership. It's time to look at change from the board to adminstration if this is the type of leadership we are allowing shape our children's future! Are we paying enough attention to what is going on? Who do they answer to? Who is holding these bad apples accountable? What will it take to make it stop? What other bad things have these people done? What's next? CHANGE! "