WCSD files time extension motion regarding Martinez lawsuit

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Updated: 7/29 11:45 pm
RENO, Nev. (MyNews4.com & KRNV) -- The Washoe County School District has responded to former Superintendent Pedro Martinez's lawsuit with a Motion for Extension of Time To File Answer.

In the motion obtained by News 4, the Washoe County School District is asking for more than 45 days to file a response to Martinez's lawsuit. They are asking to delay the response until October 15.

The motion lists ten reasons why they should receive the extra time. These reasons relate to the nature of Martinez's contract, and the administrative process that he allegedly agreed to. Here are some of the bullet points that the motion alleges:
  • The contract requires that the Plaintiff (Martinez) cooperate in good faith with the WCSD, and engage in constructive, productive, and cordial teamwork. The WCSD alleges that he has not.
  • Martinez allegedly bargained for specific termination procedures. Among these, WCSD alleges that he agreed to be an "at will" employee, and can be unilaterally terminated by the WCSD, through its Board of Trustees.
  • Martinez also allegedly promised and agreed that his employment contract could be terminated for just cause. If the WCSD did terminate his contract, Martinez allegedly agreed to an administrative process to confront evidence justifying his termination.
  • On July 22, the WCSD and Martinez participated in a meeting concerning pending litigation. The WCSD alleges that Martinez was hostile, belligerent, uncooperative, and defiant attitude and demeanor. He also allegedly walked out of the meeting without participating in good faith.
The motion also alleges that Martinez's performance has been deficient, for the following reasons:
  • Martinez represented himself as a CPA, and the Board of Trustees were led to believe that he was a CPA. Martinez acknowledges that he is not a licensed or registered CPA under Illinois law.
  • Under Illinois law, to qualify as a CPA, one must be registered or licensed by the state, regardless of credentials from a University.
  • Martinez allegedly refused to explain these discrepancies to the Board during the July 22 meeting.
  • The Board alleges that Martinez intentionally and willfully disobeyed a Board directive in May of 2014.
  • The Board alleges that Martinez did not seek the advice and support of the Board regarding personnel matters, contrary to the terms of his Employment Agreement.
  • The Board alleges that Martinez did not consult the Board when he made increases to the executive leadership staff in 2013, and when he transferred approximately 12 Principals in 2013 without the courtesy of notifying the Board.
  • The Board alleges that, despite repeated requests, refused to move forward on hiring additional counselors that were added to the 2014-15 budget.
  • The Board alleges that recent, high-profile personnel decisions and complaints from parents has placed the WCSD Board of Trustees in a critical and negative public light, and subjected the Board to unjustified and unwarranted criticisms.

The Board of Trustees also lists the possible options for Martinez's contract when all evidence has been considered as: Reinstatement, Continued Leave or Suspension, Termination for Cause, and Termination without Cause. The Board says the entire process will take longer than 45 days.

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keastman - 7/30/2014 4:37 PM
0 Votes
While Mr. Martinez contract has specifics regarding days of notification and time to answer to allegations, that the school board did not follow, they now want extra days to answer the lawsuit allegations. The judge should tell the school board he will give them as much time as they gave to Mr. Martinez to answer to allegations. ZERO . They need to stop wasting time and taxpayer monies. They will spend thousands on lawyers and hundreds of thousands in Mr. Martinez's contract dismissal. Stop messing with his career. Ethically now do the right thing. Admit to wrong doing, pay him the requirements of his contract for wrongful discharge. The members should save washoe voters more expense/time and resign. Lets all find the right board, supervisor and move on. FYI, when Pedro Martinez first was considered by WCSB his resume was on internet (still there). NO PLACE in the resume does it state he is a CPA. If he at all was trying to present his was a CPA, it would have been on his resume. Get a clue WCSB, you screwed up royally. You had opportunity at time of his evaluations to note issues and work them out, you didn't.

jjohn65293 - 7/30/2014 11:42 AM
0 Votes
Why would a school dist the size of Washoe ever hire a superintendent with no education experience ie classroom admin. No wonder Nevada's #50 in education.

TheGumption - 7/29/2014 6:51 PM
1 Vote
So, the Board wants to extend this for 2 1/2 months while they rack up the attorney fees from the outside counsel they hired. Pathetic abuse of resources and gross incompetence. Funny, their filing tries to portray Martinez as belligerent, abusive, and uncooperative yet he had a very positive review just a month ago. None of those words were in his review. If he was this bad how did he continue to get contract extensions from the Board? Clearly the Trustees are now engaged in a smear campaign after being caught violating the law. I will support a recall effort.

chuckiam - 7/29/2014 4:32 PM
0 Votes
I think it is absurd that the Scool District Board is asking for a delay to respond. Every individual as the right to know immediately who has made allegations and specifically what those allegations are. They are messing around with this mans carreer and life.

chuckiam - 7/29/2014 4:29 PM
1 Vote
Washoe County School District messed with a persons professional career and now they want a delay to respond to his reaction. That is absurd they should cut there losses and get this issue resolved immediately.
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