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A school district press release said the board’s decision to fire Smalley was made on the advice of legal counsel and based on that legal counsel’s representations regarding the investigation he conducted. That investigation was not complete. Soon after the termination decision, the school board learned that it had received erroneous legal advice regarding its decision.
After the school board learned of the problem with the legal advice, the board reinstated Smalley, reimbursed him for the salary and benefits he would have received and placed on him on paid administrative leave. Meanwhile, the district hired a new attorney, who advised the school board have an attorney investigate the facts and evidence related to Smalley.
The school district press release said the investigator concluded that “despite previous advice to the contrary, there was insufficient evidence upon which to proceed with a termination hearing or any other discipline.”
Based on the information provided by the new investigator and the advice provided by the new counsel, the school board was advised it never should have removed Smalley from his duties as principal or terminated his contract in the first place.
The school district press release concluded: “Everyone involved intends to move forward with District business. Mr. Smalley is eager to resume his duties as the Elementary School Principal and to continue to use his best efforts for the District, its students, parents and staff. Mr. Smalley and the District will resume working together to fulfill the mission of the School District of West Salem, which is to educate and graduate students by providing children access to quality education with high academic standards, which will develop responsible citizens with the skills and behaviors necessary for lifelong learning, higher education and employment.”
