Biggert requests hearing on dismissal
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Former Highland County Board of Developmental Disabilities Superintendent Chuck Biggert has requested a hearing before a referee to challenge the board’s decision to terminate his contract.
On Oct. 3, citing allegations of intimidation and bullying against employees and county elected officials, and a style of management that “lacked character” and “lacked integrity,” the Highland County Board of Developmental Disabilities voted 5-0 Monday night to terminate Biggert’s employment, without pay and effective immediately.
Biggert said that the allegations against him are hearsay and lies and that he will be seeking an administrative appeal of the board’s actions.
The Highland County Board of Developmental Disabilities had scheduled a conference on Oct. 3, where it anticipated giving Biggert an opportunity to address allegations that he had used intimidation and bullying tactics in his management. Biggert did not attend the meeting, but later told The Highland County Press that the allegations were false.
According to the board’s attorney Jim Hughes, Biggert submitted a letter to the board on Oct. 13 requesting an appeal of their actions.
“All this is governed by Revised Code 5126.23,” Hughes told The Highland County Press, “which maps out how you go about terminating an employee or a superintendent. We’ve jumped through several hoops, but there are several more to go. This is the next step after the board voted to terminate Mr. Biggert on Oct. 3. He had 15 days after receiving the notice to request an appeal. He made that request by sending the letter to the Highland County Board of DD.”
The letter from Biggert was hand-delivered to Hills and Dales and stated all communication should now go through his attorney, Samuel Lillard, of Columbus.
“I am in receipt of the board’s written notification of the results of the pre-disciplinary conference dated Oct. 5, 2011,” according to the letter from Biggert.
“Pursuant to the Ohio Revised Code (section) 5126.23(D), this letter serves as a written demand for a hearing before a referee to challenge the termination decision.”
Hughes said that the ORC section states that, “the superintendent of public education shall maintain a list of persons from which the referee will be selected.
The superintendent will provide a list of three names, and Mr. Lillard will share that list with me, and together we will pick one person from that list to serve as the referee. If we can’t agree, the superintendent will pick and that person will conduct the hearing.”
The hearing must be assigned within 30 days of the request, Hughes said.
Hughes said that he has not yet seen the list. The location of the hearing has not been determined but that the referee, "would have a large say in that." Hughes said that he believes the hearing would be public, but that he is not certain.
"The hearing will be convened by the referee and both sides will have the right to present evidence relating to the charges that serve as the basis for termination. So we would go first and (allege) that he's a bully and we put on evidence that supports that, and then he rebuts it. He can do that by cross-examining the witnesses we put on, or stand up and say, 'No, that's not right and here's why,' and we would go through each of the charges like that," Hughes said.
The referee will then make a determination based on the evidence and, "would either recommend the adoption of the board's decision to terminate or recommend to withdraw the decision to terminate," according to Hughes.
Depending on the outcome of the hearing, Hughes said that Biggert could file a case with the Highland County Court of Common Pleas, if he objects with the referee's finding.
A "worst-case scenario," Hughes said, would be the board having to pay Biggert for the remainder of his contract through the end of the year.
"If the referee recommends that and if Mr. Biggert prevails, the board has to pay him," Hughes said. "Which is what we offered to do before this whole mess stated back in June, if he would agree to be reassigned as assistant superintendent in charge of special projects we would give him to perform, and he rejected that. We haven't ruled out settlement discussions, but they haven't come at us with anything."
Hughes said that there is nothing in the proceedings that will make the board reconsider their decision to not renew Biggert's contract, which ends Dec. 31.
"Worst-case scenario is that we have to pay him through the end of the year," Hughes said, "but it would not reopen the consideration of renewal. There is no resolve here that would require the board to revisit that. The board cannot be forced to reconsider and cannot be forced to renew. He's done Dec. 31. Worst case, the board has to pay him."
According to a report this week by The Bryan Times, Biggert said “They (Highland County Board of DD) made false accusations and terminated me. They do it that way because of the expense of attorneys involved in proving innocence.”
In 2006, The Bryan Times said, the Williams County (Ohio) Board of Developmental Disabilities fired Biggert based on allegations of unfair labor practices.
According to a report by Lynn Thompson, Biggert said when he took over the Hills and Dales Training Center, the facility had a $4,000 deficit. In June 2011, it showed a $97,000 profit, the highest in three years, Biggert said.
"Biggert claims to have increased revenue by $700,000 while decreasing expenditures by $500,000, without losing any services," The Bryan Times reported.[[In-content Ad]]
On Oct. 3, citing allegations of intimidation and bullying against employees and county elected officials, and a style of management that “lacked character” and “lacked integrity,” the Highland County Board of Developmental Disabilities voted 5-0 Monday night to terminate Biggert’s employment, without pay and effective immediately.
Biggert said that the allegations against him are hearsay and lies and that he will be seeking an administrative appeal of the board’s actions.
The Highland County Board of Developmental Disabilities had scheduled a conference on Oct. 3, where it anticipated giving Biggert an opportunity to address allegations that he had used intimidation and bullying tactics in his management. Biggert did not attend the meeting, but later told The Highland County Press that the allegations were false.
According to the board’s attorney Jim Hughes, Biggert submitted a letter to the board on Oct. 13 requesting an appeal of their actions.
“All this is governed by Revised Code 5126.23,” Hughes told The Highland County Press, “which maps out how you go about terminating an employee or a superintendent. We’ve jumped through several hoops, but there are several more to go. This is the next step after the board voted to terminate Mr. Biggert on Oct. 3. He had 15 days after receiving the notice to request an appeal. He made that request by sending the letter to the Highland County Board of DD.”
The letter from Biggert was hand-delivered to Hills and Dales and stated all communication should now go through his attorney, Samuel Lillard, of Columbus.
“I am in receipt of the board’s written notification of the results of the pre-disciplinary conference dated Oct. 5, 2011,” according to the letter from Biggert.
“Pursuant to the Ohio Revised Code (section) 5126.23(D), this letter serves as a written demand for a hearing before a referee to challenge the termination decision.”
Hughes said that the ORC section states that, “the superintendent of public education shall maintain a list of persons from which the referee will be selected.
The superintendent will provide a list of three names, and Mr. Lillard will share that list with me, and together we will pick one person from that list to serve as the referee. If we can’t agree, the superintendent will pick and that person will conduct the hearing.”
The hearing must be assigned within 30 days of the request, Hughes said.
Hughes said that he has not yet seen the list. The location of the hearing has not been determined but that the referee, "would have a large say in that." Hughes said that he believes the hearing would be public, but that he is not certain.
"The hearing will be convened by the referee and both sides will have the right to present evidence relating to the charges that serve as the basis for termination. So we would go first and (allege) that he's a bully and we put on evidence that supports that, and then he rebuts it. He can do that by cross-examining the witnesses we put on, or stand up and say, 'No, that's not right and here's why,' and we would go through each of the charges like that," Hughes said.
The referee will then make a determination based on the evidence and, "would either recommend the adoption of the board's decision to terminate or recommend to withdraw the decision to terminate," according to Hughes.
Depending on the outcome of the hearing, Hughes said that Biggert could file a case with the Highland County Court of Common Pleas, if he objects with the referee's finding.
A "worst-case scenario," Hughes said, would be the board having to pay Biggert for the remainder of his contract through the end of the year.
"If the referee recommends that and if Mr. Biggert prevails, the board has to pay him," Hughes said. "Which is what we offered to do before this whole mess stated back in June, if he would agree to be reassigned as assistant superintendent in charge of special projects we would give him to perform, and he rejected that. We haven't ruled out settlement discussions, but they haven't come at us with anything."
Hughes said that there is nothing in the proceedings that will make the board reconsider their decision to not renew Biggert's contract, which ends Dec. 31.
"Worst-case scenario is that we have to pay him through the end of the year," Hughes said, "but it would not reopen the consideration of renewal. There is no resolve here that would require the board to revisit that. The board cannot be forced to reconsider and cannot be forced to renew. He's done Dec. 31. Worst case, the board has to pay him."
According to a report this week by The Bryan Times, Biggert said “They (Highland County Board of DD) made false accusations and terminated me. They do it that way because of the expense of attorneys involved in proving innocence.”
In 2006, The Bryan Times said, the Williams County (Ohio) Board of Developmental Disabilities fired Biggert based on allegations of unfair labor practices.
According to a report by Lynn Thompson, Biggert said when he took over the Hills and Dales Training Center, the facility had a $4,000 deficit. In June 2011, it showed a $97,000 profit, the highest in three years, Biggert said.
"Biggert claims to have increased revenue by $700,000 while decreasing expenditures by $500,000, without losing any services," The Bryan Times reported.[[In-content Ad]]