Cost of Anthony's 'resignation' likely over $400K

When Fallbrook Union High School District (FUHSD) Governing Board President Bill O’Connor announced Monday night that the trustees had “accepted the resignation” of Superintendent Tom Anthony in Closed Session, he did not disclose that it was a ‘negotiated resignation’ and that there was a cost associated with the buyout of Anthony’s contract.

The cost, to the already financially lean school district, could reach close to $400,000 when all related costs are considered.

It was the three newest board members – Bill O’Connor, Michael Schulte and Marc Steffler – who voted in favor of buying out Anthony’s contract – three years early. Casting votes in opposition were Dennis Allen and Lynn Colburn.

“There is absolutely no legitimate cause [to do this],” said Colburn in a telephone interview Monday morning. “[O’Connor, Schulte and Steffler] couldn’t come up with a single [reason] they could validate.”

When asked what the financial impact of the buyout will mean to the district that entered the 2007-2008 with a budget shortfall, Colburn paints a bleak picture.

“We are going to have to cut programs,” he said. “We would be struggling [financially] anyway. With this additional expense, I’m concerned about continuing to provide quality program for the students.”

Allen, in a telephone interview early Monday afternoon, agreed that the financial impact of the decision is unavoidable.

“We can better spend the district’s money on programs for the kids, or for healthcare benefits for staff, or salary,” Allen said. When asked if he felt the financial impact would translate into program cuts that would affect students, Allen said he wasn’t certain.

“It’s hard to say,” he said. “The money has to come from somewhere. You have a budget. You have everything already earmarked and have to go back and reevaluate everything. It has the potential to impact anything. It can affect anything funded by the General Fund.”

Colburn, however, remains adamant that it will have an effect on the kids.

“The board will have to be very, very diligent in searching out ways not to affect the classroom, but I don’t see how we can avoid it,” Colburn said. “We may have to cut staff; that would hurt the students.”

When asked what went so wrong that the board majority would spend that much of the taxpayers’ money to end the superintendent’s contract 36 months early, insiders say it had nothing to do with Anthony fulfilling his job responsibilities and meeting the goals established.

Instead, they say, Anthony was released due to manipulation of the board by representatives of the teachers’ union.

“Tom held the staff accountable,” Colburn said. “In other words, how dare he tell <a teacher> that he can’t walk out of the classroom, with no coverage, and go into town to buy a donut?”

Campus sources say one teacher who is heavily involved in union causes has “gross violations” relating to behavior in the classroom and interactions with other district associates.

These sources say it was because Anthony was pursuing disciplinary action against this individual that the union mobilized and provided significant financial backing to get three specific candidates (O’Connor, Schulte and Steffler – the ‘SOS’ slate) elected to the board last year.

“By getting rid of Anthony, they think they can stop the discipline process against this individual,” said Colburn. “That’s the urgency of having <Anthony> gone.”

Not only have no specifics been given on what the three board members found lacking in Anthony, it is unsure what type of individual they will seek to replace him.

“[The other board members] haven’t said,” Colburn said. “They say <Anthony> isn’t a ‘fit,’ but they’ve never said why he isn’t a fit.”

Colburn said he knows what is needed at this point.

“I’m looking for a superintendent who can pull the staff together and heal the wounds,” he said. “There are many teachers who go along with the union, but there are many who do not. I am looking for a superintendent who has the ability and personality to work with difficult personalities and pull them together as a team for the benefit of the students.”

One area of concern, voiced by many, is what financial aid the district might lose by not having the well-experienced Anthony seeking out specialized federal and state money that Fallbrook can qualify for based on the fact that it serves both a tribal community and a military base.

“It’s going to be hard to find a superintendent who can bring in the funding for our programs like Tom was able to do – federal money, state money,” Colburn said.

“He was so highly regarded federally and statewide; money we stood to lose, he was able to retrieve. That amounted to millions of dollars.”

Colburn says Anthony is highly respected in the education community nationally. “He would be named chairman or president of most of the committees he served on. He was looked at as a leader.”

“I am embarrassed on a statewide basis,” Colburn said. “You should have seen the number of people that came up to him <at the California School Board Association conference December 6-8> and said they can’t believe what the Fallbrook school board is doing.”

“The superintendent pool is narrower than it used to be; a lot of people aren’t going into it. It’s a tough job,” Allen said. “[You have] No Child Left Behind, the board, the influence of <a> special interest [group]. But, it will be doable. We all have to sit together and decide what the board wants.”

“Here we are spending all this money buying <Anthony> out when he may possibly have another job to go to already,” said Colburn, “but [the three new board members] can’t wait.”

Because of the Resignation Agreement he is legally bound to with the district, Anthony declined to make any comment.

However, he issued this statement through his legal counsel, Bergman and Dacey Inc. of Westwood, CA: “I was honored to serve the students, community and staff of Fallbrook Union High School District for ten and one-half years, and will miss my friends and colleagues there, and wish them well.”

The board of trustees has appointed Jim Yahr as contact person for the district in the interim.

Cost breakdown of Anthony’s contract buyout

$280,731.06* – the equivalent of 18 months salary

$9,000 – the equivalent of 18 months of automobile allowance

$7,200 – the equivalent of 18 months of expense allowance

$15,154 – 20 days of paid vacation to be taken between Dec. 11, 2008, and Jan. 11, 2008

$22,731.30** – an additional 30 days of paid vacation

Subtotal of known costs as of 12/11/07: $334,816.36

+$3,100 to $20,000 – attorney’s fees associated with buyout negotiation

+$30,000 to $40,000 – estimated cost of search for new superintendent (per California School Board Association data)

Subtotal of possible costs: $394,816.36

+ [Unknown] – health benefits provided to Tom Anthony through June 30, 2010, unless he accepts employment with another employer or otherwise obtains health benefit coverage

+ [Unknown] – salary, bonus or expense costs relating to the new superintendent (in the first 18 months) that exceed what Anthony’s would have been.

*Payment shall be made on a monthly basis (18 payments) through July 11, 2009

**Payable within 90 days of January 11, 2008