Martinez releases documents detailing legal action against WCSD

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Updated: 7/26/2014 4:36 am
RENO, Nev. ( & KRNV) -- Pedro Martinez has sent News 4 documents detailing the legal action being taken against the Washoe County School District.

In one of said documents, Pedro Martinez requests a temporary restraining order and preliminary injunction to prevent the Washoe County School District from conducting a meeting to consider and take possible action against him in violation of Nevada Revised Statute 241.010, Nevada's "Open Meeting Law."

According to the Temporary Restraining Order, Martinez alleges the WCSD has not only already violated the Open Meeting Law, but is threatening to do so again.

Martinez’s Verified Complaint also states he was terminated from his position as Washoe County School District Superintendent by the Board of Trustees for "cause," defined as:
  • Fraud, embezzlement, theft or misappropriation in regard to his employment
  • Conviction or plea of guilty to a felony
  • Material breach of the agreement
  • Termination as may be permitted by applicable federal or state law.

Martinez also states in his Verified Complaint the Trustees were obligated to provide him with a statement of the charges ten days before a hearing on the written charges, which he claims did not take place. Following the provision of the statement, he should have had the right to a hearing, the right to counsel, the right to call and cross-examine witnesses, and the right to produce documentary evidence relevant to the charges.

The Verified Complaint also states the Board of Trustees has the right to terminate the Superintendent without cause on 90 days written notice. In such event, the District must provide him with severance pay in the amount of “aggregate salary, allowances and other compensation he would have earned for one year from the actual date of his termination.”

Also in the Complaint, Martinez states he attended the closed-door meeting -- that took place on July 22 -- in which he alleges he was terminated from employment and was told an allegation had been made by someone outside the state that he was not, in fact, a CPA.

Click on the attached documents to read the entirety of Martinez's complaint.

11 Comment(s)
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TheGumption - 7/29/2014 12:23 PM
0 Votes
waddy11 - Like many people, you confuse a right-to-work State as allowing employers to just fire employees whenever. That's wrong. Right-to-work States remove the requirement for people to join or pay union dues even if the position is represented by collective bargaining. You have a "right-to-work" without being forced to join a union, essentially. It has nothing to do with firing someone on the spot. As far as "at-will", Martinez wasn't an at-will employee. He had a contract with specific terms related to separation. The Board has an obligation to adhere to contracts in which they enter. They also have an obligation to obey the law. They appear to have missed the boat with both. Should it turn out that they violated the law, the 6 members should immediately resign. I'd support a recall effort if they don't since they would have proven themselves incompetent and unlawful, certainly two traits we don't need in our education system.

janahertzog - 7/27/2014 11:07 AM
0 Votes
my neighbor's aunt makes $86 an hour on the computer . She has been out of a job for ten months but last month her payment was $17339 just working on the computer for a few hours. have a peek at this website. =====>>>

oldguyincc - 7/26/2014 7:34 PM
0 Votes
If even half of the allegations are true, the Washoe County School District Board of Directors is not only outnumbered, they are outclassed. It appears that they have shot themselves in the feet.

waddy11 - 7/26/2014 6:58 PM
0 Votes
At will, right to work State. Hit the road.

waddy11 - 7/26/2014 6:56 PM
0 Votes
At will, right to work State. Hit the road.

SR1262 - 7/26/2014 2:26 PM
2 Votes
I agree that the Open Meetings Law has been violated. In fact, this is exactly the kind of secret conduct it is intended to prevent! This time the WCSD Board of Trustees clearly violated the law and the contract. Yes, they still have a story to tell but it better be a lot better then what they have done and said so far. Termination based upon an anonymous out of state complainant sounds trumped up. And the way this was handled could cause the taxpayers hundreds of thousand of dollars. So 1) fire the Lead attorney who did participated in violation of the Open Meetings law (his only action should have been to advise the 6 Board members they are in violation of the law and leave so that he did not participate or condone their actions!) And 2) if Mr. Martinez is not guilty of embezzlement, child abuse, DUI, or some other egregious conduct, six of the seven Board of Trustees members should apologize for their rash, costly conduct and resign their positions. We obviously need a new Board based upon this fiasco. I won't be voting for any current WCSD members, except for Ms. Gutierrez, who apparently is not running. Maybe she will reconsider a write in campaign. WCSD BOARD OF TRUSTEES - REINSTATE MR. MARTINEZ as superintendent and then, for as long as you continue to serve, address issues and concerns, as properly noticed under the law, in full view. If you are not willing to do your job as required by law, please quit wasting our time and resign. I am a taxpayer, and while I do not have children, this issue,SO FAR, has nothing to do with the children and more to do with politics. So yes, I have as much right as anyone else to have an opinion. Thanks!

gpdude - 7/26/2014 10:17 AM
2 Votes
On it's face, this Board has violated the "Open Meeting Law". there was no agenda notice. Then its quite clear they have breached the contract provisions.The members of the Board have placed in jeopardy the finances of our public schools, the reputation of our public school administration and the trust of all taxpayers who are constantly asked to support the schools. How can we trust such stewards of our well being when they demonstrate this kind of sloppy and incompetent behavior?

nimijaca - 7/26/2014 3:16 AM
0 Votes
And suppose all three of you have children and will be attending the upcoming meeting. I'm not a huge fan of the wcsd, but I most defiantly won't be passing judgement until the facts are shown. Or does the bill of rights not apply here? So you think you have some "specialness" to you that can make you relate to a story THAT HAS NOTHING TO DO WITH YOU. People come on, quit following and start worrying about your families at home. I would love to express my feelings on this subject, however I'm not so sure that THE NEWS COMMENT BLOG IS WHERE TO DO IT! It's a wonder why you are so unhappy with yourselves that you need to blame so many other people for your own failures.

kdavis52 - 7/25/2014 6:41 PM
3 Votes
Again why didn't he want a school police department?

tikidianne - 7/25/2014 6:37 PM
1 Vote
This is exactly how they (district) operate. Very similar to what they did to my husband (teacher). And to top it off, the courts blew it off--- good 'ol boys prevale!! The district operates "above the law" and they get away with it!!!

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