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After “a thorough and complete investigation and review of the evidence,” an investigator determined there was insufficient evidence to proceed with a termination hearing or any other discipline against John J. Smalley, the school board said in a news release.
The board’s original decision to fire Smalley was made on the advice of legal counsel and based on that legal counsel’s investigation, the board said. Soon after the termination, the board said, it learned “it had received erroneous legal advice regarding its decision.”
Smalley was reinstated, reimbursed the salary and benefits he would have received, and placed on paid administrative leave so the board could hire new legal counsel.
“Based on the information provided by the new investigator and the advice provided by the new counsel, the school board was advised that it never should have removed Mr. Smalley from his duties as principal or terminated Mr. Smalley’s contract in the first place,” the school board said.
Superintendent Nancy Burns and school board president Errol Kindschy declined to comment further on the personnel matter.
Smalley 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 was originally placed on administrative leave Dec. 11, 2007, two days after he was arrested in connection with a 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.
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 contends that his firing stemmed from his arrest and violated the state’s Fair Employment Act.
The West Salem School Board has started the process of pursuing recourse against the legal counsel its says gave bad advice.
Smalley is also evaluating what additional legal remedies he might have against the school district.
In Smalley’s absence, West Salem High School Principal Barbara Buswell was made the interim principal, while high school physical education teacher Mike Malott took over as interim high school assistant principal.
Kindschy said Buswell has been offered her original position as well as another within the district. Her decision will determine what happens with Malott and the long-term substitute who replaced him.
