Fort Smith School Board…Dishonest ? Unethical ? Incompetent ? All Three ?
Dec 18, 2024
The actions by the Fort Smith School Board at their meeting last night is best described as a mutilation of First Amendment Rights and State Law.
The Board Room was packed with patrons upset about the recent abrupt termination of Felix Curry as the Head Football Coach at Northside High School.
Five people signed up to speak in support of Coach Curry during the public comment section of the meeting. One of those was attorney Joey McCutchen who represents Curry.
After the first person finished speaking, McCutchen rose to take the podium. Before he could, Board President Dalton Person, who himself is an attorney, announced that McCutchen would not be allowed to speak due to him representing Coach Curry in a grievance he has filed in the District.
McCutchen replied back to Person that he was signed up to speak not as Council for Coach Curry but as a citizen there to exercise his First Amendment Rights in a public meeting.
Person reiterated to McCutchen that he would not be allowed to speak. McCutchen dug in his heels in protest of Person violating his Rights and announced that he would take the matter up in Circuit Court.
Person then ordered the District’s law enforcement to remove McCutchen from the meeting.
What is most disturbing about Person’s actions is that he is an attorney who either (a) does not understand and comprehend how the First Amendment works in the Public Comment Forum established by the Board or (b) does understand but just doesn’t care….Either way he is about to be sued over his actions….McCutchen does not bluff.
During the Board member forum section of the meeting, Board member Talicia Richardson attempted to one-up Person in absurdity by providing outrageous statements.
She took her time to begin by singing Coach Curry’s praises as a man, mentor and coach to his players, echoing the sentiments of the patrons who showed up in support of him.
She pointed out that he was the first black Head Football Coach in Fort Smith and stated that his color was the “The Elephant” in the room….Okay….Admirable and fair thoughts. However, she then changed course, sending her credibility into a nosedive.
In what can only be described as an attempt to provide the Board cover concerning the clearly illegal action by Superintendent Terry Morawski to terminate Curry from his Head Coaching position, Richardson made false statements in regard to the Board’s power and authority.
She stated “As Board members I don’t know if the community realizes this, but we have no authority in hiring and firing the employees in the District no matter what you hear today. Our responsibility is to hire, fire, discipline our Superintendent. That is our role based on the State regulations.”
She went on to say the District and Board had followed all policies and procedures pertaining to the matter concerning Coach Curry….Something reality denies.
UPDATE – Fort Smith Northside Coach Felix Curry….District Violated State Law In Reassignment.
Board members Phil Whiteaker and Davin Chitwood went on to support Ms. Richardson’s claim.
The problem with Richardson’s statement is that it is 100% False….That’s not me saying it….That’s the Board Policy and State law saying it.
Board Policy 1.7—POWERS AND DUTIES OF THE BOARD, #5 states – Employing, upon recommendation of the administrative staff and by written contract, the staff necessary for the proper conduct of the schools.
Sounds like hiring to me….More important than Policy is State Law….That’s where the rubber meets the road.
AR Code 6-13-620. Powers and duties. School Boards states – (5) Employ staff, including:(A) (i) A superintendent and one (1) or more assistant superintendent of schools to oversee the day-to-day operations of the school district.
(ii) A superintendent shall be evaluated annually or no less often than before any extension of his or her employment contract.
(iii) Superintendents and assistant superintendents may be employed under contract terms and conditions that incorporate all elements prescribed by the State Board of Education; and
(B) School district employees under initial written employment contracts in the form prescribed by the State Board of Education, not including day-to-day substitutes.
Windex doesn’t make it any clearer….The fact is under State law the Board has the sole authority to employ, terminate, reassign, transfer and accept resignations….Period….No matter what you hear Ms. Richardson say.
They can take these actions based off the Superintendent’s recommendations….but again only they can take these actions.
In fact, the Board takes these actions at nearly every, if not every, Board meeting….They did so last night under agenda item VIII.3. Professional Staff Recommendations.
Not only is Morawski way out over his skis on the Coach Curry matter, Person and Richardson, along with the entire Board, are as well to the point of violating civil rights and State law….and the lawsuits are coming.
So…Are they A – Dishonest ?….B – Unethical ?….C – Incompetent ?….or D – All Three ?
Based off the information at hand and the facts, I gotta go with D….How ‘bout you ?
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moc.oohay@nivac.eimmiJ
Professional Bully Fighter I investigate and report on issues around the State of Arkansas with an emphasis on Government. I am strong conservative however I bring Truth and Facts regardless of Party affiliation….My hashtag is #FactsNotFiction
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