The DeKalb County Board of Education voted Friday night to offer Director of Schools Mark Willoughby a new three-year employment agreement.
In a special-called meeting, the board voted 4-3 to offer the director a three-year contract.
Chairman Johnny Lattimore and board members John David Foutch, Charles Robinson and Kenny Rhody voted to offer the three-year arrangement. Billy Miller, Doug Stephens and W.J. (Dub) Evins, III, who voiced a preference for a one-year term, cast votes against the measure.
Willoughby's salary will remain essentially the same at $97,675 per year plus benefits, and very few changes were made to the contract, but the new pact revises the terms under which the director may be terminated for cause.
A provision requiring the director to repay the school system up to $10,000 to defray the cost of replacing him if he resigns within the first year of his contract was removed from the document, and the authority of the board to transfer him to another position in the school system in the event the board wishes to remove him as director was eliminated as well.
Just after the meeting began, copies of the new contract, with changes recommended by Chuck Cagle, an attorney for the School Boards Association who often represents the local school system, was circulated to the members of the board. A previous version had been viewed by board members in workshops on the matter, but they had not yet perused the final draft.
A 10-minute recess was called to allow members to read the new proposal, and after the board reconvened, Miller pointed out that a clause that he had requested be put into the contract had been removed.
Miller was referring to a provision that would demand Willoughby repay the school system for the cost of conducting a  search for a new director if he should resign at any time during the contract. His previous contract had a similar clause, holding Willoughby responsible for the cost if he resigned during the first year.
Willoughby told Miller that the provision was removed on Cagle’s recommendation, as the attorney had opined that the clause was not legally enforceable.
A clause in the old contract giving the board the power to transfer the director to another position within the school system if they felt the need to replace him as director was also replaced with a provision that waives the board's authority to transfer the director.
Willoughby said that change was also made at the behest of the attorney, who said a transfer agreement would not be necessary since the board has the contractual right to terminate the director at any time for cause.
Miller then made a motion that both the provisions be replaced, saying that it was the responsibility of the board to look out for best interests of the school system and the taxpayers, not to ensure that the director got a good deal.
The motion failed with a vote of 4-3.
Miller told the assembly that he felt a one-year deal was sufficient, and that if the director’s performance is satisfactory he should assume a renewal of the contract yearly.
“I think it needs to be a one-year contract,” Miller said. “If he is doing a fine job, he doesn't have to worry about a job.”
Miller then made a motion to offer Willoughby a one-year deal.
Stephens offered a second to the motion, and while Evins joined them in voting for the measure, the other four members voted against it.
“I am voting yes because I was elected by the people, and they know I am very conservative in my actions,” Stephens shared. “I have nothing against Mr. Willoughby. and I think he could spend ten years here doing the job that he is doing right now. But my vote is yes.”
Foutch, who is not seeking reelection to his seat this year, said he didn't think it was a good time to restrict the contract to a one-year term.
“I am not going to be sitting in this seat another year. I feel like the person that sits here needs some time to understand the functions of this board, to get their feet on the ground and to see what is going on. A year contract won't give that person the depth they need. For that reason I have to vote no,” he said.
Robinson told the board that he felt Willoughby’s performance as director had been impressive, and that a three-year contract was fitting.
“When you look at the state report card, you can see that we are progressively moving forward at a good pace, but maybe not as fast as we probably need to, but our overall school system is going in the right direction under the guidance of Mr. Willoughby,” he said.
Rhody then moved that the board accept the three-year contract as presented. Foutch offered a second, and Robinson and Lattimore joined the two in casting votes of approval.
The other three members voted against the three-year term, with Miller expressing concern that some members of the board were casting votes on a contract they had not entirely read.