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Liberty board debates teacher 'liquidated damages' policy as multiple resignations cited
Summary
Board members and staff debated whether to waive or enforce contract liquidated-damage clauses after approximately 18 teachers resigned since August. The board split on a proposal to waive damages entirely for the group; administration proposed handling waivers under HR except where the board directs otherwise.
The Liberty Elementary School District governing board on Jan. 13 discussed whether to enforce or waive liquidated-damage clauses in teacher contracts after multiple resignations this school year.
Dr. Monroe and Human Resources staff told the board that the teacher contract includes a liquidated-damages clause for certain mid-year resignations, and that peers in other Arizona districts typically set a similar amount at $2,500. The contract lists limited exceptions (such as illness, spouse transfer or promotion) that may exempt employees from damages.
Board member Kelly Zimmerman asked that the board consider clearer criteria and a consistent process for applying or waiving the fee. “If the wording says ‘board’s sole discretion,’ it’s not clear whether the board or HR makes the call,” Zimmerman said, urging more transparent standards.
A motion to approve a blanket waiver of liquidated damages for the resignations on the personnel list failed on a 2–2 vote. A later motion to approve the personnel actions as presented also failed. The board then voted 4–0 to approve the personnel action items with the exception of resignations; the resignations were left for consideration at a later meeting so the board and administration could gather more contextual information.
Board members discussed possible refinements: prorating the fee based on how much of the school year an employee worked, allowing waivers when staff remain until a qualified replacement is hired, and placing clear waiver criteria in the contract language moving forward. Several members said they want administration to handle routine waiver decisions while bringing contested cases to the board for review.
(Ending) Trustees directed administration to return to a future meeting with suggested policy language and consistent procedures to handle liquidated-damage requests and to provide data on recent resignations so the board could consider revisions during upcoming contract negotiations.
