Former Christina School District Superintendent Dan Shelton, who was ousted by the board of education earlier this year, sues the Christina Board of Education for millions over contract violations and defamatory remarks.
Shelton is suing the board itself, as well as Board President Donald Patton, Board Vice President Alethea Smith-Tucker, Naveed Baqir and Y.F. Lou individually and in their official capacities as members of the board.
"He alleges that his reputation has been destroyed in the local, regional and national educational communities and in the public at large. He is unemployable. He cannot even obtain initial interviews as an administrator anywhere in Delaware, Pennsylvania or Maryland," a statement from Shelton's counsel, Tom Neuberger, reads.
In July, Shelton was placed on administrative leave during a tumultuous school board meeting at 2:45 a.m., with three board members and members of the public questioning why his termination was being considered.
"There's been no information, this particular item and the one after it was placed on the agenda at 8-something in the morning, the day that the agenda needed to be posted. No information has been shared with the board as a whole. There have been some opinions that they just think this is a good idea, and the employee in question has never been part of any discussions about any part of this. So I have a concern about the board's actions and how this employee is being treated because it does violate Title 29," Board Member Monica Moriak said during the July meeting.
Member Doug Manley asked repeatedly what the reasoning behind the vote was, to which Patton responded the information was privileged.
“I’m not going to say it because I’ve already said it’s privileged personnel information. I have a list right here of eight things, and we discussed these things... I’m not reading anything," Patton said.
Lou did provide some clarity, explaining at the time, a complaint was being filed against Shelton by an employee of the school district who alleged the former superintendent yelled and "moved into the employee's space in an intimidating or threatening fashion," although an investigation could not confirm any of the sensitive details, only that the event occurred.
Manley also read a letter during the meeting from the board addressed to Shelton, alerting him of a three-day suspension in March.
The letter expressed concerns with not including a recommended motion on the lead constable from Baqir on a meeting agenda, said Shelton was "at least reckless or at worst deceitful" to the board regarding the extension of his contract, cited "poor relationships" with current board members, engaging in "significant expenditures" and cited poor processes of the human resources department.
The motions to not renew Shelton's contract and place him on administrative leave both passed 4-3.
Shelton is arguing his reputation has been "destroyed" following the events of the meeting and alleges there has been continued defamation from board members following a cease and desist letter sent to the board in August by his counsel.
Neuberger argues Shelton was terminated without any notice, without being given a pre or post termination hearing and the decision was made by board members who have publicly expressed hostility towards Shelton.
“Their own lawyer resigned because he concluded that they were violating his constitutional rights, that these four people could not be his judges of whatever the charges are, and then, using his own words, they were conducting a ‘witch hunt,'" Neuberger said.
Neuberger is referring to James H. McMackin III, who previously provided comprehensive legal representation to Delaware’s school districts.
The lawsuit is asking for over $2.7 million in total loss of wages and benefits, but Neuberger believes with punitive damages and emotional distress, a jury verdict could result in over $10 million.
"I've been doing this for 50 years, and this is one of the strongest cases I've ever had," Neuberger said. "You don't usually get evidence from the lawyer for the other side that you'll be able to introduce, so this is a very strong case."
The Christina School District did not immediately respond to a request for comment.
The Christina School Board approved Robert Andrzejewski, who served as acting superintendent in 2015 and 2016 before retiring, as the interim superintendent on August 13.
The board will be holding a public meeting on Dec. 10 at 5:30 p.m.
