Board adopts statement of charges against counselor, starts dismissal process and names hearing officers

The Douglas Unified School District governing board voted in open session to adopt a statement of charges against a certified counselor identified in the minutes as "CL" and to initiate the district's dismissal process.

The action followed an executive session convened under ARS 38-431.03(A)(1) for a personnel matter. In open session the board adopted a multi-part motion that: (a) adopted the statement of charges as part of the meeting record; (b) provided that, if the charges are true, they constitute cause for dismissal; (c) directed that CL be dismissed from employment after 10 days from service of notice of the board's action unless the counselor requests a hearing; (d) stated that CL not be reemployed by the district for the reasons in the charges; and (e) authorized the superintendent to provide notice of the charges and the board's action to CL and to the State Board of Education.

The motion also stated that if CL requests a hearing the board would designate a hearing officer to conduct the dismissal hearing, prepare a record and issue a recommendation to the board. The board named three potential hearing officers to be used depending on availability: Clyde Dangerfield, Ben Hufford, or Harold Murkow.

A motion to approve the statement of charges passed by roll call; a trustee seconded the motion. The board did not discuss the substance of the charges in open session and cited the statutory personnel exception permitting executive-session deliberations.

The board's action initiates the formal dismissal timeline: notice must be served and a 10-day period will elapse before dismissal becomes effective unless CL requests a hearing. If a hearing is requested, a hearing officer from the named list will be selected by mutual agreement of the parties or designated by the board if no agreement is reached.