Litigation

Severance Pay to Dr. Roy Brooks is not an Illegal Exaction

By H. William Allen et al.

The Arkansas Supreme Court affirmed summary judgment in Gray v. Mitchell, No. 07-858 (5/29/08). This case involves the much-publicized termination of Dr. Roy Brooks, former superintendent of the Little Rock School District. As part of the termination, the school board payed Dr. Brooks $650,000 in severance pay. This lawsuit argued that payment to a school employee to "not work" violates the Arkansas Constitution, Article 14 § 3(b). The trial court granted summary judgment to the defendants.

The supreme court pointed out the flaw in the lawsuit's reasoning--paying severance to Dr. Brooks permitted the school board to replace him with what they would consider a better superintendent. This is immediately and directly connected with the maintenance of the school system, which satisfies the constitutional mandate.

Full post as published by Arkansas Business Litigation Blog on May 30, 2008 (boomark / email).