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Concerns raised over principal leave

by Keith Cousins/Mineral Independent
| August 22, 2012 1:34 PM

Three weeks ago St. Regis Principal Tammy Demien was asked to leave campus and told she was being placed on administrative leave until an investigation by the Montana School Board Association is concluded.

On August 15, a special meeting of the St. Regis School Board was held where items on the agenda included a budget discussion and a request to expand teacher’s duties to cover administrative duties in the wake of Demien’s administrative leave and the upcoming school year quickly approaching.

However, from the start of the meeting it was clear that the filled to capacity conference room at St. Regis School wanted answers as to why Demien was placed on leave to begin with.

“We are here and we understand the right to privacy,” Attorney Lance Jasper, who is representing Demien, said. “We are here to wave that right and have an open discussion.”

Jasper made this comment during the public comment portion of the meeting, prior to which Chairwoman Shelly Dunlap clarified on policy for public comment.

“Public forum is an opportunity to discuss items that are not on the agenda,” Dunlap said. “These items may not be voted on by the board, however. Also, a reminder that individual’s right-to-privacy laws usually exceed the public’s right to know, therefore prohibiting any discussions of individual performance during the public forum section, or any other time during the meeting.”

The policy was reiterated after Jasper made his request for an open discussion and he chose to wait until the agenda item regarding the expansion of teachers duties was brought up by the board – which after a motion to do place it first on the agenda was passed became the first topic of discussion.

Newly hired Superintendent Janet Hanson presented the agenda item to the board and the audience, stating that funds for the expansion of teacher’s duties would come from those previously allocated towards trying to hire a part-time Spanish teacher.

A motion to approve the expansion was then made and seconded prior to the floor being opened for public discussion. Jasper quickly stepped up and formally introduced himself prior to stating his case.

“Since Aug. 6 when you put Ms. Demien on leave, I have sent two letters to you asking for just cause as to why she was put on administrative leave,” Jasper said. “The indication I have had from multiple people I have been interviewing is that this was done for Ms. Demien’s protection as her right for administrative leave. But under the just cause requirement, it requires that you give a reason for the basis of administrative leave. I think the tax payers of St. Regis have the right to know why there is such a delay in providing this information.”

Superintendent Hanson thanked Jasper for his concerns, officially acknowledged the concerns, and then answered with a formal statement.

“I cannot speak to personnel matters at this time,” Superintendent Hanson said. “However I can advise you on the process of administrative leave.”

“Ma’am we’re here, Tammy is here with me, and we waive our right to privacy,” Jasper responded. “So you can absolutely discuss those issues here in front of us.”

Once again, Superintendent Hanson informed Jasper that she could not speak about personnel matters but would advise him on the process.

“So you’re refusing despite the fact that Tammy Demien has waived her right to privacy, to discuss the investigation or your refusal to answer my letters,” Jasper said.

Superintendent Hanson then gave a formal definition for administrative leave and would not speak any further on the details of Demien being placed on leave.

Jasper then questioned Superintendent Hanson as to her credentials and why she is unable to make up the administrative duties in Demien’s absence – stating that it is his understanding she is not credentialed in the state of Montana.

“My question to you is if you meet the requirements, why can’t you do that,” Jasper asked.

Superintendent Hanson then gave her credentials to the board and the audience and said that she is in the process of obtaining official certification from the state.

“I was hired by the school board with a full review of my credentials and a full interview process,” Superintendent Hanson said.

Jasper then stated that he was done commenting on the agenda item and John Cheesman spoke to the board.

“I was on this board for 25 years previously,” Cheesman said. “Last year I remember that we laid off two people temporarily. We ended up paying about $75,000 out and hired people to fill in. The thing is it’s going to happen again. Tammy will walk and you guys will foot the bill and hire someone else.”

Cheesman said that from his past experience he “knows what is happening” to Demien and that he shouldn’t say more but would “love to.”

Chairwoman Dunlap then stated that there was a motion on the floor and the motion was restated. Prior to a formal vote, another member of the public made a comment asking if the Superintendent was able to override the school board in terms of policy and personnel decisions.

Once again, Superintendent Hanson said that she could not speak to personnel matters.

“I cannot understand why any of you people would fire somebody when you don’t even know why in the hell they are gone,” Cheesman then said. “If you don’t know why they are gone – she (Superintendent Hanson) works for you, you don’t work for her. How can you vote to hire somebody to fill in for a position when you don’t even know why there’s an empty position.”

Cheesman continued to question why the board would vote to “take a teacher away from the classroom” in order to fill in as principal.

“I just don’t understand how you can vote to hire somebody to take this lady’s place when you don’t even know why this lady is here,” Cheesman said. “If you vote for that, I think all of you need to start looking for a new job.”

After heated dialogue between Cheesman and the board with regards to the handling of placing Demien on leave, Cheesman said “you’ve got to be kidding me.” Jasper then stepped in and continued his questioning.

“All we have asked for is an explanation so we can begin our fight,” Jasper said. “Once you’ve fired the bullet you better have the answer in your hand and share it with the board so the board is educated enough to understand why this decision has been made… Tell me your just cause for why you marched her out of here like a criminal.”

Superintendent Hanson said that she understands the concern and that the way the third-party investigation process works it is required that “very few people know.”

Conversation continued between the board and various members of the audience with regards to administrative leave and Demien’s individual case.

Eventually Demien herself spoke up with regards to her case.

“All I want you do to is give me a clear-cut reason as to why so I can prepare a statement and go forward,” Demien said. “You’ve put my family through hell, I’ve lost 15 pounds, and my husband isn’t sleeping. He works road construction and if he is hurt I hold you all personally responsible. You know how dedicated I was to this district. You know how many things I have dealt with over the years. I’m not saying I didn’t make a mistake, I might have. I’m just saying give me some consideration. Let’s move forward.”

Demien then described how she was informed she was being placed on administrative leave.

“I was treated so poorly,” Demien said.

“I was marched to my truck and ordered to leave. They watched me as I loaded boxes. My stuff is still in there unsecured. You want me to speak, I’ll speak. People shouldn’t be treated that way. Are you setting an example for kids?”

A board member then responded to Demien’s statement by saying that the process needed to be done as quickly as possible.

Further discussion was had and it was reiterated that the investigation is being conducted by a third party and once the investigation is concluded there will be a board meeting to decide on the findings.

The discussion was then concluded and attendees funneled out of the board meeting.

According to the board members, the motion to expand teachers duties was voted on and passed. However in an audio recording of the entire proceedings a vote did not take place.