Super resigns Ward Humphrey avoids discipline
GUILDERLAND After months of closed-door talks, Ward Humphrey has resigned as superintendent of building and grounds for the Guilderland School District.
The school board unanimously accepted Humphrey’s resignation, without mention of it, at its last meeting, on Feb. 6. The resignation was one of a group of appointments and resignations voted on altogether as part of what the school board president calls "a consent agenda."
Humphrey had submitted his one-sentence letter of resignation on Jan. 19 as part of a settlement with the school district after being put on administrative leave in December.
Humphrey was hired for the job, a Civil Service position, on Jan. 15, 1991; his salary for the 2006-07 school year was $73,111.
"I just need to seek new professional opportunities and that’s what I’m doing," Humphrey told The Enterprise on Tuesday. "I had a career before the school district in facilities management."
Humphrey, who lives in Delanson, declined to comment on the reason for his being placed on administrative leave. Asked if he thought he was treated fairly by the district, he replied, "Yes."
He concluded, "There comes a point where you’ve done what you can do"Sometimes change is good for everybody. Life is full of challenges."
The Enterprise first learned in early December that Humphrey was placed on administrative leave after receiving calls and letters from district employees and residents, asking about Humphreys absence from work and speculating on reasons for it.
Through a series of Freedom of Information Law requests, denials, appeal, and further denial, The Enterprise was able to learn only that Humphrey was placed on administrative leave on Dec. 4, 2006 by Superintendent Gregory Aidala.
Asked why, Assistant Superintendent for Human Resources Susan Tangorre declined comment, saying only, "I try to be really fair to all employees."
Tangorre, who is also the district’s Freedom of Information officer, cited "personnel issues" as a reason for denying the Enterprise requests.
Robert J. Freeman, director of the states Committee on Open government told The Enterprise on Dec. 22 that the phrase "personnel issues" does not appear in the law and is not applicable.
This week, Freeman told The Enterprise that any agreement the school district had made with Humphrey would be considered a contract and, he said, "Contracts are always public."
The Enterprise obtained a copy of the six-page agreement yesterday through a Feb. 6 FOIL request.
The agreement
The agreement states that the superintendent of schools had advised Humphrey that he "is considering preferring disciplinary charges" against him pursuant to Section 75 of the New York State Civil Service Law; that section deals with removal and other disciplinary proceedings.
The agreement also says that Humphrey "denies any charges and any such charges could be vigorously defended" so Humphrey and the school district "discussed the matter and mutually agreed to resolve the matter without the need for a hearing or any other litigation."
They agreed that Humphrey would resign, effective Jan. 31, and that he would be on paid administrative leave until that date.
The agreement says further that the district will pay Humphrey $8,506.30 "for any and all accrued and unused vacation days." It also says the district will continue to provide his health insurance until June 30 unless he becomes employed before then at a new job that has health insurance. Humphrey, it says, will continue to pay $246.92 per month for his portion of health-insurance costs.
Also, Humphrey waives any grievance against the district and discharges the district "from all claims and liability," according to the agreement.
It also states, "While this release does not run from the School District to the Employee, the School District does represent that as of the execution of the Agreement it is has no actual knowledge of any impropriety, misconduct or malfeasance on which the Employee would have any liability to the School District or any other reason on which it would presently have any cause of action against the employee."
Humphrey was given 21 days to decided whether or not to sign the agreement and the agreement states that, if the school district were to receive a FOIL request, it would notify Humphrey in writing at least three business days prior to disclosure of the agreement.