Closed-door settlement reveals details of LR5 superintendent’s sudden departure
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Lexington-Richland 5 superintendent resigns
Christina Melton, the S.C. superintendent of the year, abruptly stepped down from her leadership role, and a school board member resigned alongside her. How has the district responded and who will take her place? Read the latest.
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The former superintendent of a Midlands school district will be paid $226,368 after agreeing to resign from her position, according to a confidential settlement agreement obtained by The State.
The document outlines the details of the separation between Christina Melton, who resigned the district’s top job at Monday’s school board meeting, and Lexington-Richland 5, including both parties’ agreement to keep quiet about Melton’s departure and the document itself.
No public vote was taken on the document between an executive session on “a contractual matter” and Melton’s public resignation, which leads one watchdog to believe the settlement agreement is likely invalid.
Lexington-Richland 5 school district officials could not immediately confirm the document obtained by The State. A request for comment from board chairwoman Jan Hammond was not immediately returned. When reached earlier this week, other school board members declined to comment on Melton’s resignation and directed all requests to Hammond.
On Thursday, the board released an unsigned statement to the media denying any violation of the state’s Freedom of Information Act in drawing up and agreeing to the document behind closed doors.
“(Melton’s) contract provides the appropriate avenue for the Board to enter into negotiations and resolve the Superintendent’s resignation,” the statement reads. “Those steps were followed, and the Board accepted her resignation on June 14, 2021... (T)his is an established practice in our state, providing a mechanism for school boards and superintendents to mutually resolve employment matters to the satisfaction of both parties and in the best interests of school districts.
“Settlement agreements and contractual negotiations, like the one contemplated by the Board and Dr. Melton are, by their nature, confidential and protected by the attorney-client privilege, which are exempted by FOIA,” the statement reads. As of Monday, the document “was not effective and will not become a permanent, binding document until June 22, 2021. On that date, and no sooner, it will cease to remain a negotiable contract exempt from disclosure under FOIA and will become permanent and available to the public.
“That fact is well understood by the Board and Dr. Melton, and, had both Dr. Melton and the Board been provided with the opportunity to handle the announcement of her resignation accordingly, the public would have been made aware of the agreement, its contents, and Dr. Melton’s wishes simultaneously.”
The document obtained by The State outlines in detail how the separation will move forward.
“Whereas the parties are desirous of terminating said Employment Agreement (Melton’s contract)... It is hereby mutually agreed between the Board and Dr. Melton (that) Dr. Melton will resign from the District effective June 30, 2021, and the Board wishes to accept Dr. Melton’s resignation,” the six-page document reads in part.
The copy of the settlement provided to The State did not include board members’ signatures.
The agreement outlines that Melton will appear at the district’s graduation events this weekend then use her vacation time to take off the rest of the month. It also agrees to pay Melton a lump sum in addition to her regular salary and vacation time. The document also releases both parties from any claims against the other.
“The parties agree to keep this Agreement and the terms thereof confidential, while acknowledging that the Agreement is subject to disclosure pursuant to any request made pursuant to the South Carolina Freedom of Information Act,” it reads. “If either party, including any individual Trustee, is asked about this Agreement and/or its terms, the party shall respond that the Agreement speaks for itself and that she/he has no further comment.”
The two sides also agree they “will not make any negative or disparaging statements or remarks concerning each other to any third person, entity or organization.” Any violation will cost the offending party $20,000.
The dated agreement is effective as of Monday, June 14, but the timeline of Melton’s announcement did change. The document envisions Melton’s resignation being announced by email on June 21, after graduation, but instead Melton announced her resignation at Monday’s board meeting.
At that meeting, board member Ed White publicly resigned, stating he disagreed with the board’s settlement with Melton, which otherwise went unmentioned in the meeting.
Afterwards, the remaining board members went back into an unscheduled, closed-door session on a contractual matter, before reemerging for Melton’s resignation.
Both Melton and presiding vice chairman Ken Loveless then read prepared statements on the resignation, which also were attached to the settlement document provided to The State.
In a statement after Monday’s board meeting, White blamed the “hostile and abusive work environment” created by board members with forcing Melton to quit. It’s an accusation that contrasts with actions the board took earlier in their Monday meeting, when they publicly recognized Melton’s being named S.C. superintendent of the year by the S.C. Association of School Administrators.
Because the settlement document was agreed behind closed doors and never voted on, Bill Rogers, director of the S.C. Press Association, believes the agreement violates South Carolina’s open meeting laws under the Freedom of Information Act.
“It would be an improper meeting, and it casts doubt on the validity of the document,” said Rogers. “You’ve got to vote in public.”
Editor’s note: This story has been updated from its original version to include a statement from the Lexington-Richland 5 school board released on Thursday, June 17.
This story was originally published June 16, 2021 at 4:28 PM.
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