Pass $90,000 contract buyout

Pass leaving Naselle on June 30 after contract buy-out

Wednesday, May 29, 2013 2:04 pm By KEVIN HEIMBIGNER


kheimbigner@chinookobserver.com

NASELLE — Naselle School Superintendent Rick Pass will receive a buyout of $90,000 plus benefits as compensation for Pass voluntarily ending his employment in the Naselle-Grays River Valley School District a year before his contract expires.

The only item on the May 28 special board meeting agenda was, “Approval of Superintendent Rick Pass’ and Naselle-Grays River Valley School District’s Voluntary Separation Agreement and Release.” Approval of the motion was by a three-to-two vote during a tension-filled, but subdued special board meeting with an audience of about a dozen. Pass will resign June 30 as NGRV superintendent.

 Pass, Board Chair Robert Torppa and the NGRV district’s attorney Chris Burton authored the voluntary separation of employment Agreement. Directors Torppa, Darcher and Hollis Fletcher voted in favor of the motion and directors Gilbert Haataia and Art Hyland voted against approval.

Pass’s contract was due to expire June 30, 2014, but a motion a week before at the regular board meeting of NGRV directors led to his early departure. That motion made May 21 by Director Ed Darcher stated, “I move to authorize Mr. Chris Burton, representing the (NGRV School) board, to undertake negotiations for the purposes of separating employment with the Superintendent.” At the May 21 meeting Pass had asked for a two-year extension of his contract through June 30, 2016, but after not receiving unanimous support from the board, Pass decided to seek the separation of employment.

The separation of employment agreement calls for Pass to receive $90,000 in compensation that will be spread out equally over 24 months. He will also receive insurance benefits for 12 months as part of the agreement. Should Pass find other employment of $50,000 or more per year on or before June 30, 2015, some or all of the final $45,000 of the buyout will not be paid by the district.

Director Hyland asked if he could have “at least overnight” to consider the three-page legal document, but Torppa answered, “We can’t table this matter. That’s just the way it works.” Hyland pointed out that only Torppa as chairman, Pass and the attorney had an opportunity to see the document before the 6:30 p.m. meeting on Tuesday.

“After the motion passed at the last board meeting, that is why we are right here, right now,” Torppa explained. He said that this was the third draft that he, Pass and Burton had considered and eventually reached accord upon. Torppa explained that this is a “strict legal instrument and it can only be voted on for approval or rejection and no changes can be made.”

Director Haataia questioned why the Agreement was for as long as two years. “I agreed to spread out the compensation over two years and 24 installments to create the least impact upon the school district’s budget,” Pass explained, making it clear the settlement amount was one year left on his contract with the district.

Director Fletcher asked if the Agreement would be binding on the new board (after the Nov. 5 election). “They cannot come back on this,” Torppa reassured about the Agreement’s specific language to that effect.

“The board chairman negotiates for the board. That is the only way it can be done. Pass was willing to make (the financial burden) as easy as possible for the district. I am pretty confident that Pass will not sit too long and that he will get other employment sooner than later,” Torppa stated.

Director Hyland had a technical question about deferred payments not being covered by the contract. Torppa reassured that Burton had written the legal language.

“I’m wondering if the attorney was representing the school or Rick?” Haataia queried.

“Without question Mr. Burton represented the board,” Torppa answered. “I recommend you pass the separation of employment agreement the attorney, Pass and I have presented. It is a good agreement,” Torppa affirmed.

He then talked of filling the administrative positions in a “creative manner” and that the three administrators presently on staff would fulfill the required position of superintendent on an “interim basis” until a full-scale superintendent search could be conducted. Karen Wirkkala is principal at the Naselle public schools, Jon Tienhaara is district business manager and principal at Columbia Virtual Academy and Lisa Nelson is principal at Naselle Youth Camp School. “Covering the administrative duties will not be easy, but it is do-able. In reality, this agreement saves the costs of benefits for the superintendent after the cutoff (June 30, 2014),” Torppa said.

“I don’t care for this agreement at all at this time,” Haataia stated.

“It is absolutely legal and binding and all aspects have been covered,” Torppa responded. “The business manager (Tienhaara) and Rick have helped make this have the least impact on the school’s budget. I want to commend Rick,” Torppa concluded.

A vote to approve the voluntary separation of employment motion was then called for with Hyland and Haataia both saying, “No” and Darcher and Fletcher saying, “Yes,” all in succinct, definite and rapid order.

Torppa then said, “Yes. The motion passes.” Following the roll-call vote that took less than 30 seconds, the five board directors and Pass signed the agreement and the meeting that had begun promptly at 6:30 p.m. ended at 7:04 p.m. Torppa told the audience that anyone seeking to have a copy of the agreement of voluntary separation of employment would have to make a public records request to the district.

“I feel relief,” Pass said following the meeting. “I will focus on wrapping up my superintendent duties and helping with the administration’s transition in the best way I know how during the next few weeks. I look at this situation as an opportunity to grow for me and a way to help put the district back together. I had a great time in Naselle. I love the place,” he concluded.

Pass’s letter of resignation that was Exhibit A of the Agreement follows:

I hereby voluntarily and irrevocably resign as Superintendent of Naselle-Grays River Valley Schools effective June 30, 2013. I submit this letter of resignation with mixed emotions. I have enjoyed my time with Naselle-Grays River Valley Schools. I look forward to watching the advancement of programs in place, and am proud of the accomplishments of the committed administrators, staff, School Board, and of course, the wonderful students. I thank the Board for giving me the opportunity to lead the educational charge for the Naselle-Grays River Valley Schools community these past years.

My family and I are looking forward to the opportunities that await us in our future endeavors. I wish the Naselle-Grays River Valley Schools and the entire community the best.

Signed, Rick Pass