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Lumley resignation approved

Dale Lumley
He will receive health care

BUTLER TWP — The Butler School Board Monday night voted to approve the resignation of former superintendent Dr. Dale Lumley.

Lumley submitted a letter of resignation stating his intention to retire early, which the board had voted to accept during an emergency meeting Feb. 5.

The vote was 7-2, with board members Bill Halle and Leland Clark voting against.

Lumley, a teacher and principal in the district for more than 25 years total, was hired to a five-year contract by the board in 2014. He was being paid $168,545 a year.

He is one of multiple district officials who have been questioned by an attorney who is conducting an internal investigation into the district’s delayed response to the water problems at Summit Township Elementary School. State police and the Department of Environmental Protection also are making inquiries.

Despite test results in August showing unsafe concentrations of lead and copper in the school’s water, the district did not notify the public and shut off the water until January.

Board members had to weigh accepting Lumley’s resignation and allowing him to continue to receive district-paid health care against initiating disciplinary action against him, which would come with risks and legal costs.

Solicitor Tom King said that Lumley qualified for the voluntary early retirement that is stipulated in the contracts of district administrators because he had been a district employee for at least 10 years and had been paying into the state pension system for at least 20 years.

Health care costs for him and his spouse will be covered until he is 65 years old, which is in about five years, King said. Under the plan, the district pays all of their health care costs up to $190,000 per year.

For budgeting purposes, the cost to the district is estimated at $20,000 per year, but it is difficult to anticipate, said Deborah Brandstetter, director of business services.

The district has no ability to prohibit Lumley from collecting his state pension or any accrued vacation time, King said.

By retiring, King said, Lumley is not admitting to any wrongdoing and it does not change the fact that he is involved in ongoing investigations.

The hearings and procedures required to terminate a contract employee, such as Lumley, and potential appeals and litigation, can be lengthy and end up costing districts thousands or even millions of dollars, he said citing the Plum Borough School District in Allegheny County as an example.

Halle said that he wanted to hold Lumley fully accountable for his role in the water crisis.

“If at some point we don’t start taking a stand for what is right, instead of what is legally and financially expedient, these things will continue to happen,” he said.

“The facts that will be coming out at some point might make it a little bit clearer why I feel the way I do,” he said.

District parent Carrie Collins of Summit Township spoke in favor of accepting Lumley’s resignation, asking the board not to “drag out” the situation longer than necessary.

“He has been punished. His career in public education that he worked hard for decades has been taken away. He is facing not only the loss of his career, but a criminal investigation into his conduct and now it is time for us to move forward,” she said.

Jennifer Cummings, board vice president, echoed her comments, adding that she had heard from residents who said they wanted to see an end to the situation.

“We may not get a suspension. We may not be able to fire Dr. Lumley, and, even if we do, as Mr. King explained, that could go on for years,” she said.

Also Monday, William Pettigrew, retired superintendent of the Mars School District, was ratified as the district’s acting superintendent.

Pettigrew will be paid at an hourly rate based on a $150,000 annual salary to fill in for an unspecified period of time. He had previously been hired at a rate of $50 per hour to be the head of the Summit project team that is working to correct the water issues at Summit Township Elementary School.

The board also voted to ratify the resignation of maintenance director Glenn Terwilliger, which was submitted to the district on Feb. 6.

Halle also voted against that motion, though Clark voted in favor, commenting that Terwilliger had cooperated with school district’s internal investigation.

Terwilliger in January was suspended with pay pending a Loudermill hearing. He was the district’s licensed water operator who was responsible for testing the water at Summit Township Elementary School.

The board voted to allow the administration to advertise and seek candidates for a replacement maintenance director. Assistant Superintendent Brian Slamecka has been filling in for Terwilliger.

School board President Nina Teff said that the board plans to appoint a committee to be in charge of the search for a new superintendent. The board also plans to hire an outside company that will conduct a search and hopes to have a new person selected in time for the beginning of the 2017-18 school year, she said.

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