Grant school district sues county office to get buyout funds

Grant school district administrators haven't been paid roughly $2 million in buyouts their school board approved in March because the county superintendent thinks the payments are illegal and won't issue the checks.

In an effort to compel county Superintendent David Gordon to cut checks for the 12 administrators participating in the buyout plan, the Grant Joint Union High School District and four top managers have sued Gordon and the Sacramento County Office of Education.

The suit, filed on April 25, alleges that there is no basis for the legal concerns Gordon has raised about the buyouts. It says Grant's buyout plan does not constitute a conflict of interest; that the administrators are entitled to severance payments that include money for their car allowances and other perks; that the buyouts are not a "gift of public funds"; and that the district has responded to Gordon's questions about the plan.

Besides, the suit states, Gordon's office has no jurisdiction to withhold the money that the Grant school board has approved spending.

"It is long established that the County Superintendent and County Office of Education have no authority to substitute their judgment for that of local governing boards on matters of expenditure, and particularly no authority with respect to matters relating to school district employees," the suit says.

The buyouts stem from the upcoming merger of Grant with the Rio Linda, North Sacramento and Del Paso Heights elementary school districts. The new K-12 district, which debuts July 1, is called the Twin Rivers Unified School District. Grant administrators say in their lawsuit that the buyouts are necessary because Twin Rivers passed them by for high-level positions.

Gordon has said that he withheld the buyout checks as part of his mandate to oversee financial issues within Sacramento County's school districts. He reiterated his position on Tuesday.

"We're still holding the buyout checks based on the fact that we question their legality," Gordon said.

He had launched an investigation into whether the Grant buyout plan was created legally, but said he is now dropping it because of the lawsuit.

"That and the other issues will be argued out through the judicial system," Gordon said.

The number of Grant administrators in line for buyouts has dropped from 14 to 12. Michael McCoy and Adam Berman have opted out of the plan because they have secured jobs with other districts.

The first hearing in the case is scheduled at 9 a.m. June 27 in Department 33 of Sacramento Superior Court.

Grant Superintendent Patricia Newsome filed a separate suit against Gordon and his office asking the court to compel the Sacramento County Office of Education to turn over documents concerning its investigation of Grant's buyout plan. A hearing in that case is scheduled at 1:30 p.m. June 20 in Department 19.

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