RICHARDSON: An expensive pound of flesh
In March 2014, I asked this question: "How much are you willing to pay for a pound of Dallemand's flesh?"
This was in response to an audit by the Bibb County Board of Education that revealed that former Superintendent Romain Dallemand had purchased millions of dollars in technology equipment without, they said, board approval.
I made the point then that Dallemand was the only district employee supervised by the board, and if the charges were true, it was the board that ultimately would be responsible. I reminded them of the separation agreement clause that said Dallemand and board members wouldn't talk nasty about each other.
Dallemand is now charging that board members violated the mutual release and non-disparagement provisions of the agreement by sending results of an audit to the Professional Standards Commission that eventually took Dallemand's license, he says, without notifying him. He has sued the auditing firm as well.
I wasn't the only one to send up a warning flare. During the long search for a permanent superintendent, interim Superintendent Steve Smith also warned the board about attacking Dallemand. "I'm not sure they (potential candidates) will be interested in this job if you guys (the board) are having a witch hunt. ..." Smith told board members at a meeting.
The question remains. How much for that pound of flesh?
At the Oct. 15 board meeting, a gentleman walked over and whispered in board attorney Randy Howard's ear. Howard got up and whispered in another ear and at the end of the executive season behind closed doors, each board member was served with a subpoena giving them 21 days to produce "Any and all records of written or electronic communications, including letters, notes, memoranda, voicemails, blogposts, social media or website postings, personal emails, text messages, and electronic messages sent to or received from any other current or former Bibb County Board of Education board member, member of the public, media organization, government agency or any individual or entity concerning or related to Dr. Romain Dallemand after February 25, 2013, through the present ..." Some former board members also received subpoenas.
The board was already dealing with another matter in this case. On March 20, Western Insurance Group, one of the district's insurance companies, wrote, "Please be advised that upon review of the Arbitration, as compared to the policy, the coverage provided in this matter is limited to defense costs with a policy period aggregate limit of $100,000, in excess of the $50,000 retention." Remember, Dallemand is suing for $10 million (retention is a deductible the district has to pay before the insurance kicks in).
On Aug. 20, the board's attorney received a letter from the managing agent for Catlin Indemnity Co. It said, "Catlin had determined that it now has no obligation under the policies either to defend or indemnify the BOE or any other insured, person or entity in connection with the above matter." This phrase was repeated several times in the correspondence.
The above matter is Romain Dallemand v. Bibb Board of Education and Bibb County School District, American Arbitration Association Case No. 01-15-002-5499.
I'm no legal eagle, but there are three members of the Georgia bar on the school board. They know the companies are running for the hills. Both insurance companies, according to their documents, reviewed the files from the Arbitration Panel's July 7 dismissal without prejudice of Dallemand's claims of "libel, slander and interference with contractual relations." However, the remaining claim that the panel will decide is whether the board breached the severance agreement.
Whether Dallemand will win the claim I haven't a clue, but the Catlin letter is very clear. It states four times that, as far as its coverage of this matter, Bibb County is on its own. I suppose that can be challenged in court if the district wishes to double down.
So I ask again, How much are board members willing to pay for their pound of flesh? And where will this pound of flesh come from? If Dallemand wins, he'll be set for life, though he'll probably not work in his chosen field again. Where will the money come from to pay him? I hate to be prophetic, but $10 million is a lot to pay for loose lips.
Charles E. Richardson is The Telegraph's editorial page editor.
This story was originally published October 24, 2015 at 9:01 PM with the headline "RICHARDSON: An expensive pound of flesh ."