March 5, 2014 at 12:51 p.m.
Administrator sues school district over compensation dispute
Wall says school district reneged on terms of 2007 settlement agreement
Administrator sues school district over compensation dispute
Dave Wall, who has served as assistant superintendent since that time, alleges the school district has failed to abide by the terms of the 2007 agreement by not giving him annual wage and benefits increases of at least 3.8 percent.
According to the complaint, the school district and the employees that made up the administrative team reached a settlement agreement in November 2007 following negotiations over future wages and benefits. The settlement called for pay increases to be based on a performance model though the total package (wages and benefits) couldn't be any lower than a 3.8 percent bump.
According to the complaint, the terms of the settlement continued in 2008-09 and 2009-10 in the form of individual contracts for district administrators. Following that time, Wall alleges that he and the district had negotiations but never officially established a new contract so the prior terms - and the 3.8 percent annual increase -carried over into 2010-11 and 2011-12.
In 2012, Wall and the district entered into a new three-year contract running from July 1, 2012 through June 30, 2015. Though the contract did not stipulate a specific annual pay increase percentage, the complaint alleges that Wall was owed the 3.8 percent hike because the 2007 settlement agreement was still in effect. According to the complaint, other administrator contracts for the same time period included a clause stating that it superseded all prior contracts or agreements. Wall's contract did not include this clause, the complaint states.
"Mr. Wall had a contractual right to salary adjustments at a rate of '3.8 percent total package increase' each year beginning with the 2007-08 school year..." the complaint states.
When applying the 3.8 percent annual increase to Wall's actual compensation since 2007-08, the additional amount he would have received in wages and benefits in the last seven years is in the range of $100,000. That's an estimate based on Wall's salary figures listed in the complaint. However, the complaint does not indicate how much compensation was received via benefits. Wall's current base salary is $120,242.25, approximately $9,000 more than it was in 2007-08. He said he doesn't yet have a specific monetary amount he's seeking from the district.
"That's to be determined," said Wall, who has been employed by the school district since 1997. "At this time I don't have a number."
Another component of the alleged lost compensation is the effect it has had on Wall's Wisconsin Retirement System benefits. Since those benefits are based on an individual's three highest earning years, Wall argues the retirement benefits he's entitled to have taken a hit because of the district's refusal to provide the 3.8 percent annual increase.
"If we as employees of the school district don't follow the terms of our contractual agreement with the district, then we lose our jobs," Wall said. "In this case, the district has not upheld its contractual agreement with me and/or other administrators. I have tried working with the district on contract issues for several years now on my own and been unsuccessful. So, a little over a year ago, I retained legal counsel to assist me with these matters. I guess I would say my attorney's efforts over the past 12 months or so have largely been unsuccessful which has unfortunately led to the need to file this complaint with the courts."
The lawsuit was filed last week in Oneida County Circuit Court. As of Tuesday, the school district had not been formally served. The district has 20 days to respond upon receipt of the complaint.
District superintendent Kelli Jacobi said the school board will be discussing the matter during a closed session at its next regular meeting March 17.
"(The district has no comment) at this time. It's a matter in litigation and it's in the hands of our legal counsel," Jacobi said.
Kyle Rogers may be reached at [email protected].
Reporter Marcus Nesemann contributed to this story.
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