By Megan Harris

POWDERLY — Muhlenberg County Schools Superintendent Dale Todd accepted a one-year contract extension following a 3-2 vote by the Board of Education in a special-called meeting early Monday morning at the board's central office in Powderly. This latest extension will take Todd's contract through 2015.

Board members held a similar vote at the regular monthly meeting June 5 following a closed session discussion. Board attorney Brent Yonts instructed the board to meet again to solidify the vote, as no final board action was advertised in the June 5 agenda. Kentucky Revised Statute 61.815(d) states that no matters may be discussed at a closed session other than those publicly announced prior to convening the closed session.

 

"When you go into closed session to discuss a personnel action, anything can spill out of that discussion," said board member Scott Bivins. "I think the question on the table was can you, once in open session, vote on what you just talked about in closed session even though it wasn't an agenda item."

Todd's contract, accepted by the board in 2009, is unique in that every year of his four-year contract, he receives a one-year, rollover extension unless board members take action not to allow the addition. In 2010, the board took no action, which Todd said should result in one rollover year. In 2011, the board made a motion to remove the rollover clause from Todd's contract, but a 2-2 vote stymied the measure. 

"So my contract was originally signed for four years, from 2009 to 2013. They didn't act in 2010, the motion didn't pass in 2011, and they just agreed to another extension this morning," Todd said. "So that would take me to 2016, but if they want to call it 2015, I'm OK with that. I've been in for 36 years. I imagine 2015 will be plenty of time."

Board Chairman Johnny Clark and fellow member Jerry Winters said they felt the measure to extend Todd's contract to 2015 shorted the superintendent by one year. Winters said the backlash he's received from the issue is "worse on this issue than any other issue."

"I've looked at this since Friday," he said. "I do believe legally, if Dale (Todd) was released, he could sue this school board — not that he would — but he would have that option. I really believe if this went to court, Mr. Todd would have a case to keep his job till 2016."

From his office after the meeting, Todd said he hopes, in the future, the board cancels the rollover clause in his contract.

"Some people in the community are afraid that could lead to a perpetual contract," he said. "But it's not. The board can vote each year to take it out or not accept the rollover. I suggested at the June 5 meeting they take the rollover clause out because it was a point of contention to the board. Just take it out. I'm here to 2015. I'm good with that."