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Board approves employee contract release without liquidated-damages; schedules executive-session review

Tempe Union High School District Governing Board · September 21, 2023
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Summary

After discussion of an employee request to be released from a contract and a disputed $1,500 liquidated-damages clause, the governing board approved the release as modified (omitting liquidated damages), voted 4–0, and agreed to hold an executive session later to review policy and privacy-sensitive details.

Board members pulled consent item F5 for separate consideration after questions emerged about a contract clause that assesses graduated liquidated damages when a teacher breaks a yearly contract.

Dr. Mary Keller, the HR director, explained the standard contract language: "if the contract is broken, there will be liquidated damages charged ... breaking a contract now, it's a $1,500 fee," and said the clause is included in every certificated teacher agreement and is intended to offset disruption when a teacher leaves mid-year.

Members discussed extenuating circumstances and privacy limitations on staff matters. Member Barraza emphasized the need for an executive session to hear confidential information from HR and legal counsel: "Specifically, because we cannot talk about employee matters ... it requires an executive session." The board considered three options — immediate executive session, approving consent as filed, or approving the release but omitting the liquidated-damages assessment.

The board approved the modified motion to grant the release without liquidated damages. The presiding officer moved approval of F5 as modified; Member Barraza seconded. The item passed on a voice vote, 4–0. The board also agreed to schedule a future executive session to review district practice and provide clearer guidelines on when liquidated-damages are assessed.

The action preserves the staff member’s privacy and delays policy-level guidance to a later, closed meeting where HR and legal can provide details.