Santa Clara County Superintendent Mary Ann Dewan has sued the Santa Clara County Board of Education after she was abruptly fired in a closed session meeting last week.
Dewan alleges in the lawsuit, filed Tuesday, that she was fired without cause or explanation during an Oct 3. closed board meeting and was not provided with 30-days notice.
“The Board took this action during closed session during a time that it knew her lawyer was out of town and observing the Rosh Hashanah holiday,” the lawsuit said. “The Board has never offered an explanation for its decision. No good reason exists.”
The board and Dewan’s lawyer did not immediately respond to the Bay Area News Group’s request for comment.
Kelly Wylie, the Santa Clara County Office of Education’s public information officer, confirmed that Dewan’s lawyer was not present at the board meeting and that the board has not offered an explanation for it’s decision.
“Her evaluations have been positive so that infers that there is ‘no good reason,’” Wylie said.
A news release from Board of Education President Maimona Afzal Berta last week announced Dewan was removed from her position in a 4-2 vote with members Berta, Joseph Di Salvo, Grace Mah and Don Rocha voting in favor. Board members Victoria Chon and Tara Sreekrishnan voted against and Raeena Lari abstained from the vote.
“It’s unacceptable that even after widespread community outrage over Superintendent Dewan’s abrupt closed-door termination, the board has yet to schedule a public hearing on this,” board member Sreekrishnan said in a statement Wednesday. “This lawsuit only reinforces the need for transparency and accountability. Our community deserves a voice in decisions that affect our schools.”
Berta said in a statement that Dewan was terminated “per her employment contract without cause upon 30-days written notice.”
But Dewan’s lawsuit argues the board “purported” to place her on a 30-day administrative leave instead of giving her the required notice, violating her contract.
Dewan also argues that her position as county superintendent was an appointment, not employment, and so the board had no authority to terminate her with or without cause or place her on administrative leave.
Dewan was appointed superintendent in 2018 with a base salary of $337,000. Her 2018 contract said she could be terminated at any time by mutual agreement with the board, by herself with at least 30-days notice or without cause by the board with 30-days notice.
Her contract said the board could vote to fire her with cause by a vote of majority and would have to meet with her in closed session to give her an opportunity to respond to any matters raised. The contract does not mention administrative leave procedures.
Dewan’s lawsuit is asking the court to declare her termination null and void and allow her to continue to work as the Santa Clara County Superintendent of Schools.
Nollyanne Delacruz contributed reporting to this story.
