Fountain Hills board waives liquidated-damages fees for two employees after policy debate

The Fountain Hills Unified School board voted to waive liquidated-damages fees in two separate personnel cases amid a lengthy debate over the policy’s scope and fairness.

Board members reviewed circumstances for Amanda Baca, who is leaving the district and moving out of state. Some board members said the district does not expect a financial loss from her departure; others argued the policy exists to discourage post-contract resignations and should be enforced consistently. One board member described the policy as necessary “so that people don’t make that the choice to leave after agreeing and signing an agreement to stay.” After discussion, the board moved to waive liquidated damages for Amanda Baca; the motion carried with one member opposed.

The board then considered a second request for Lisa Schreiner, which staff characterized as falling clearly under the policy exception for relocation; the board voted to waive liquidated damages unanimously.

Context and legal framework: staff and legal counsel (as summarized during the meeting) said the key consideration in liquidated-damages decisions is whether the district can show actual damages tied to the resignation. Several trustees recommended reviewing the policy language — particularly the provision that currently mentions “spouse relocation” — to ensure it covers other life events (caregiving, illness) and is not unintentionally discriminatory.

Other personnel action: earlier in the meeting the board approved routine personnel items; one member announced an abstention during that vote.

What’s next: trustees asked staff to consult the district attorney and to return with recommended policy changes that clarify exceptions and define how damages are documented.