Contract protects NASD superintendent from damages
Published 12:03 am Sunday, September 27, 2015
NATCHEZ — Natchez-Adams School Superintendent Frederick Hill’s employment contract with the district appears to shield him from the damages awarded against him by a federal jury last week.
The jury found Hill and Assistant Superintendent Tanisha Smith personally liable for $100,000 of the $371,000 in damages awarded to former principal Cindy Idom, who sued the district and the superintendents in their personal capacity following Idom’s July 2013 resignation.
Idom’s case hinged on her assertion that her retirement was forced in breach of her contract. She also contended her white race played a role in the forcing of her resignation.
Hill’s contract, which is valid through June 30, 2019, includes an indemnity clause in it that the school board, “shall defend, hold harmless, and indemnify the superintendent from any and all demands, claims, suits, actions, judgments and legal proceedings brought against the superintendent.”
That clause says the protection includes, “in his official capacity or in his individual capacity, provided that in the incident giving rise thereto, the superintendent was acting within the course and scope of his employment with the board.”
NASD school board Presi-dent Tim Blalock said the school district has an insurance policy to protect it from such lawsuits.
How that policy will protect the district and possibly the superintendents, however, is still unclear.
While the jury verdict has been issued, the court has not issued a final judgment, which means any appeals that might be made cannot yet be filed. No payment would be made by any party until the appeal process is over.
In the last week, some members of the public bodies that appoint the school board — the Natchez Board of Aldermen and the Adams County Board of Supervisors — have said they believe the superintendent should resign or be removed.
While the superintendent’s contract does not have a clause specifying causes of action that could result in his removal, it does say his employment is, “to perform such duties that are required by law or by the Board and to perform such duties in a satisfactory manner and in accordance with the policies, rules and regulations of the State Board of Education and this Board.”
The State Board of Education has a standards policy that prohibits, among other things, discriminating against someone based on their race, a key point in Idom’s case.
Click here for link to Mississippi Educators Code of Ethics.
Blalock said he has not re-viewed the contract lately, but the prerogative sits with the entire board. Blalock said he does not know if the court case could be reason to review the terms of Hill’s contract.
“Whatever the board wants to do and is allowable under the contract, that would be what the board wants,” he said. “But in lights of this (case)? I don’t know.”
Blalock said the school board will have a meeting in mid-October with representatives of the Mississippi School Board Association, the county board of supervisors and city aldermen to discuss how the law dictates the three bodies interact.