Following a hearing that began Tuesday evening and ended Wednesday morning, members of the Selma City School Board voted to terminate the contract of superintendent of education Dr. Donald Jefferson.

But, it appears now the 9-hour meeting was simply the beginning of an expected drawn out legal process aimed at challenging the board’s vote and the process in which they took to terminate Jefferson’s contract.

Throughout the hearing held at Clark Elementary School, and with only three board members in attendance, Jefferson’s attorney Terry Davis regularly challenged the validity of the hearing, calling it a “kangaroo court” and a “sham.”

Davis also assured the members who participated in the hearing — members Brenda Randolph Obomanu, Frank Chestnut Jr. and Holland Powell — would be facing legal action in the near future for their role in the hearing.

The termination of Jefferson’s contract means his term ends less than a year after the board unanimously approved him as superintendent and, since the board dismissed him with cause, was terminated without any compensation.

In providing basis for their action, the board cited a 2010 contract Jefferson approved with a student assessment and professional development company STI Assessment.

The contract, which was never approved by the board, cost the system $156,135.

A second contract, for the 2011-2012 year, with STI, had also been agreed to even after the board voted to reject the service at their Sept. 8, 2011 meeting.

Dozens of witnesses were called throughout the evening and early morning as the decision to terminate Jefferson’s contract was not made until close to 3 a.m. Wednesday.

When called as a witness in the proceedings, Jefferson — who was the first witness called — said he refused to answer any questions, calling the proceedings a “sham.” He then stood up from the chair and walked back to his seat positioned at the side of the school cafeteria.

Based on the board’s actions, School of Discovery principal Gerald Shirley, will remain as acting superintendent until other legal action is taken in this process or the board chooses and hires a new superintendent.

At a previous board meeting, Hicks said the state requires school board’s select and hire a new superintendent within 120 days, although there remains some question as to when that countdown begins.

School board attorney Katy Campbell was not available for comment Wednesday.

Hicks’ legal authority

questioned

The school board’s evening began with a called board meeting to clear up a number of agenda items not previously voted on at previous meetings.

Shortly before the end of that meeting, Hicks read a prepared statement, where he declared actions taken by board members during an Oct. 13 board meeting — where Jefferson was placed on administrative leave — violated board policy, violated state law and portions of the state’s Open Meetings Act.

The statement was also aimed at preventing the called hearing on Jefferson’s contract and reinstating Jefferson to his position immediately.

In the prepared statement, Hicks said “because the attempted action of the named board members (Powell, Chestnut and Obomanu) was illegal and violated Alabama law and specifically the Open Meetings Act, the attempted action to have a hearing to cancel Dr. Jefferson(‘s) contract, place him on administrative leave and appoint Gerald Shirley is void, of no effect and not recognized by me as Chair of the Board or the Selma City Board of Education.

“Mr. Shirley is directed to vacate the office of the Superintendent and return to his regular duties. Dr. Jefferson is directed to resume his duties as Superintendent of the Selma City Board of Education.”

But, according to both Campbell and the Alabama Association of School Boards, Hicks — even in his position as board chairman — does not have any legal authority to overturn any action approved by a majority of the school board.

“Even if Mr. Hicks’ legal assumptions are correct, he does not have the authority to overturn a decision as a single member of the board,” Alabama Association of School Boards executive director Sally Howell said.

Howell also said that once Hicks adjourned the called board meeting and left, that the remaining board members were well within their authority to move ahead with the called hearing.

“You still had a quorum of the board with the three members present.

“And, in the absence of the board president, yes, the board could properly conduct business,” Howell said.

Calls left for Hicks by the Times-Journal were not returned Wednesday afternoon and evening.