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Published - Friday, April 18, 2008

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West Salem School District takes back fired elementary principal


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WEST SALEM, Wis. — John J. Smalley has been placed back on paid administrative leave with the West Salem School District, almost three months after he was fired as elementary school principal.

The West Salem School Board, after meeting in closed session, agreed Monday to reinstate Smalley as principal, though still on paid leave, and reimburse him for lost wages and benefits.
Superintendent Nancy Burns would not disclose the reasons for the board’s decision but said an internal investigation will resume “with a new team of investigators to be selected.”

James Birnbaum, Smalley’s attorney, had no comment on the actions but, in a joint statement with the school board, said they “are currently discussing future procedures to address and resolve matters concerning his employment. Both sides are committed to exploring a prompt resolution of the issue.”

Smalley, 43, of Onalaska, Wis., was fired Jan. 25 for “neglect of duty and dishonesty surrounding his job performance in recent months.” He had been principal since July 2005.

He originally was placed on administrative leave Dec. 11, 2007, two days after he was arrested for a reported domestic disturbance with his wife.

Smalley was charged with battery and disorderly conduct in La Crosse County Circuit Court, but pleaded guilty March 5 to disorderly conduct in return for dropping the battery charge. The disorderly conduct charge also can be dismissed in a year if Smalley meets conditions of the agreement.

Errol Kindschy, school board president, has said the charges were not a factor in their decision to place Smalley on leave or fire him.

But Smalley filed a discrimination complaint and notice of claim against the district in March.

In the discrimination complaint, filed with the Wisconsin Department of Workforce Development’s Equal Rights Division, Smalley contended his firing stemmed from his arrest and violated the state’s Fair Employment Act.

Burns said she could not comment further because of the still-pending legal action.

Chris Doerfler had been the district’s attorney in this case but has been replaced by Shana Lewis, who could not be reached for comment.

In Smalley’s absence, West Salem High School Assistant Principal Barbara Buswell was made the interim elementary principal, while high school physical education teacher Mike Malott took over as interim high school assistant principal.

Matthew Perenchio is assistant editor of the Coulee News in West Salem.
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correctanswer wrote on Apr 21, 2008 10:29 PM:

" The question that begs to be asked is, How much has this 'sawed off' Attorney cost the local area tapayers over the years? "

Im Still Jackson wrote on Apr 21, 2008 12:25 PM:

" theluckyone:
Dont be so sure that contract wont be renewed as it may be a condition of reinstatement as an alternative to a Larger monetary damage amount in his defimation suit settlement.
As for getting employment in another school district he would have no problem because in a year there will be no record of the domestic disturbance. Also the world does not think like West Salem does and mostly believes that private matters are just that. Obviously he has no documented school infractions on his record and thats why they caved and are settling out of court MAYBE!They were looking for an excuse had to go into his personal life to TRYy and find one.Thats just pathetic! These are the people in charge of educating your children.Thats what parents should be concerned with here NOT SMALLEY but the Boards actions. "

theluckyone wrote on Apr 20, 2008 2:45 PM:

" Smalley is on PAID ADMINISTRATIVE LEAVE. He is NOT, nor will he ever be, back in the West Salem Elementary School. When his contract is up (WS administrators have one year contracts), his employment with WS will end. So there is no need to pull your child out of the WS elementary school. And FYI, the open enrollment period is a 3 week period in February. What this means is that if you don't want your child to go to WSES next year (even though Smalley will not be there), you either had to have already completed the open enrollment paperwork during the February open enrollment period, or you will need to pay the district to which you are transferring your child about $5,000 for next school year. "

nana3 wrote on Apr 19, 2008 9:06 AM:

" The public has no way of knowing what school administrators are doing, unless they are sitting at a desk in sight of all to see, who knows where they are or what they are doing? So how would the school board know if he was doing his job? "

Mr. Biggey wrote on Apr 18, 2008 10:01 PM:

" One good thing about the situation, with his new reputation no kid will want to be sent to HIS office. It should curb the behavior problems! "

Old_Fogey wrote on Apr 18, 2008 9:49 PM:

" Those who nit-pik other's spelling and typos, especially in a forum where you cannot make a correction once you hit the post button, present the weakest of arguments. Are you listening, Paladin? "

groucho wrote on Apr 18, 2008 9:43 PM:

" Smalley is not even the worst of the West Salem school administrators, by a long shot. "

see docker wrote on Apr 18, 2008 5:04 PM:

" Shame on the school board for not getting it right. They were either wrong to fire Smalley or wrong to hire him back. They can't have it both ways. The lawyers will make more money and the taxpayers will foot the bill. If they were right to fire Smalley they should not back down. "

right reality wrote on Apr 18, 2008 4:30 PM:

" Turn the table people. How many our your dope smoking, beer drinking little degenerates do people like Mr. Smalley have to deal with daily. Think about it. "

Teiresias wrote on Apr 18, 2008 3:15 PM:

" This is scary--I actually agree with MK, up to a point.
The difference: domestic assault is not a "serious matter" it is a criminal matter.

Of course Smalley was going to fight this all the way--he had to. With the internet he hasn't got a chance of ever working in another disctrict so he has to hold on to the job he's got.
"

Paladin wrote on Apr 18, 2008 3:09 PM:

" Hard to believe a guy who can't spell steward is really an ex union stewart. "

Half Full wrote on Apr 18, 2008 2:53 PM:

" As an ex union stewart I can see that the administration here made the same mistake many others have. You need documentation to get rid of someone. Not verbal warnings. Written letters of reprimand signed by the accused at the time of the incident not six months after the fact. Administration is just lazy and don't want to deal with the conflict or you wouldn't have cases like this. "

Im Still Jackson wrote on Apr 18, 2008 2:38 PM:

" Nobody was there nobody knows what happened in the Smalley home but obviously its not to the degree some would want it to be believed. I have seen enough domestic violence to know it takes two to stay and fight for the option to leave is always there unless your physically restrained which was not the case here. She is not divorcing him and they said counciling is working. You cannot condem a person on what MIGHT Happen!Oviously he was able to convince a judge and Mr Birnbaum of what happened.Now that those certain few have acted on a knee jerk reaction of the incident the taxpayers will pay the price for their stupidity! "

dktrmat wrote on Apr 18, 2008 2:15 PM:

" To "mk":

I work in a very large school district and your assertion that personnel in large school districts would face the same punishment as the WS principal are simply not true. I certainly don't agree with the policy we have here, but it is a fact anyway. "

mk wrote on Apr 18, 2008 1:21 PM:

" I know his actions were at HOME however do you want the person in charge of your son/daughter's school to be someone willing to physically push them around if they make him mad. What ever happened to personal accountability in our society? Where do those of you who consider actions outside of school to be inconsequential draw the line when it comes to retaining someone based on conduct? Would a thief be acceptable? How about someone convicted of manslaughter 10 years ago? "

mk wrote on Apr 18, 2008 1:14 PM:

" Its amazing how many of you throw your support behind a man who had a "domestic disturbance". As if a domestic disturbance is a trivial incident committed by someone having a bad day. Domestic assault is a serious matter. When you beat your wife during an argument who is to say you won't take the same approach when dealing with a disorderly student. Yes I know that none of us are perfect, but how many of you beat on your partner? Even in a large school district principals who beat their wives would be dismissed from their job. There are certain jobs in our society where personal conduct outside your job is of major importance. Anyone who is a teacher knows this, Mr. Smalley I assure was not ignorant of this fact. "

Im Still Jackson wrote on Apr 18, 2008 11:42 AM:

" I think the taxpayers should make the Board pay for this mess out of their pockets. Why should the taxpayers foot the bill for the boards vendetta? "

Im Still Jackson wrote on Apr 18, 2008 11:29 AM:

" I find it ironic that people are so set on being perfect in such a messed up world. Your upset at having a principal run a school that drinks off the job and had a "domestic disturbance" at HOME.You live in a box in WestSalem and if you had to deal with a big city school and its gang related problems this would be a moot point! This was an attempt by a select few to abuse their power and Mr Smalley was SMART enough to not accept it.Sounds like principal material to me.But Im sure he is a monster at heart instead of suffering from Job Stress related marital problems like normal people and No I dont even know the man, but I do know this was handled wrong leaving me to focus on the Board Members incompetence.Maybe its time to clean house? "

mk wrote on Apr 18, 2008 11:19 AM:

" dbl lung-You couldn't be any more wrong. Comparing a job like a teacher, where you work with other people's kids on a daily basis to a brewery employee, where you work one-on-one with cans. Personal backgrounds and how they relate to potential job performance differ quite drastically for these two jobs. Do you have kids? Did you think before you wrote your post? People in West Salem are not asking their teachers to be perfect, all they are asking is that they be law abiding citizens. I have had heated conversations with my wife on many occasions. However I have never, nor will ever, lay a hand on her. My parents taught me from little on. Men who become physically violent with their wives have no right to be working in schools. "

packer backer wrote on Apr 18, 2008 11:18 AM:

" Jackson is right on this one. The board had a knee jerk reaction BEFORE looking at all the facts of employment law, and they got burned. The T's need to be crossed and the I's dotted before the pitchforks and torches come out to run the guy out. The sad part here is the taxpayer is the one getting burned, and the school district is stuck with the guy. "

dktrmat wrote on Apr 18, 2008 10:59 AM:

" Is Maynard still on the WS school board? They were a "Keystone Kops" group when I worked for them a quarter century ago, and they still seem to be so today. Still believing that the world revolves around the WS school system. I hope the WS voters remember this ridiculousness come election time. Unbelievable! "

dbl lung wrote on Apr 18, 2008 10:55 AM:

" For all you Do Gooders out there who do nothing wrong in the heat of the moment. I do not know Mr Smalley nor do my kids go to West Salem Schools. Personal behavior should not be judged by our employers whether you work at City Brewery or as a teacher. Just because Mr Smalley IS a principle he should not be interpretted as being perfect. To any of you who make comments such as you are considering pulling kids from West Salem Schools I think you will find there is personal issues in every work place so good luck finding the PERFECT school. "

d0kt0r wrote on Apr 18, 2008 10:30 AM:

" Alcoholic wife beaters probably should not be in charge of elementary school children, or any children for that matter... This guy has serious issues. "

whipthehorse wrote on Apr 18, 2008 9:10 AM:

" I think they should hire Detroit's mayor. "

free_speech wrote on Apr 18, 2008 9:08 AM:

" I bet he's laughing all the way to anger management class. "

andy k wrote on Apr 18, 2008 8:37 AM:

" So the school district reverses its decision and fires its attorney at the same time. I wonder how much taxpayer money they wasted on bad legal advice? "

dlb5836 wrote on Apr 18, 2008 8:35 AM:

" The guy is a true piece of work. The school board should have known better. I'm not sure that I will keep my child there either next year. I don't think he will be prinicpal anyway but it doesn't say much for the school board who is to be running the program. At least the teachers seem to have their head on correctly as far as I have seen...so far. "

Teiresias wrote on Apr 18, 2008 8:15 AM:

" Wow!
How long until this story is at the top of the "most commented" list? "

myownopinion wrote on Apr 18, 2008 8:02 AM:

" I agree, thank goodness for open enrollment because I will very quickly pull my son out of a school that has any person in a position of control who has pleaded on a domestic violence case!! He pled guilty to the d/c part to get ride of the more serious charge, that does not mean he didn't do it! Background checks would eliminate Smalley from several positions in other career's that don't include working with young children, so why should he be given back a position knowing his criminal history? Makes no sense to me! "

JD5400 wrote on Apr 18, 2008 7:32 AM:

" Thank goodness for open enrollment. My 2 daughters will not be going to West Salem as long as he is in charge. "

Jaxx wrote on Apr 18, 2008 6:09 AM:

" I'm sure Mr. Smalley will not remain at the West Salem School District for long. Small towns are great for getting rid of people that they don't want around by making snide comments or even snubbing. If national media got ahold of this story, they'd have a field day with the "spouse abusing principal scandal..." "

free_speech wrote on Apr 18, 2008 6:04 AM:

" He's cured I tell ya! "

free_speech wrote on Apr 18, 2008 6:03 AM:

" The anger management and alcohol counseling must have worked. He must be a changed man. "

jersey66 wrote on Apr 18, 2008 4:35 AM:

" Regardless of the reasoning, there is no way I would want my elementary child going to a school with him as principal-what a mess! "

Sully wrote on Apr 18, 2008 1:08 AM:

" The reason they changed the decision? They learned that they would lose huge because they over stepped and could not prove the given reason for his firing. Just a guess. "

Im Still Jackson wrote on Apr 18, 2008 12:43 AM:

" For all the posters who said this would never happen and that supported the Boards decision to fire Smally in a knee jerk decision after his arrest I hope you learned something here.
Should had fired him during summer break after the arrest hype settled down. Now the TAXPAYERS are gonna pay dearly for your stupidity. What scares me the most is these are the idiots we entrust our children too for education. "


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