Facts

In September 2003, plaintiff Adrienne Konigar-Macklin was hired as general counsel of defendant Inglewood Unified School District (IUSD), pursuant to a written contract.

In September 2008, IUSD terminated her employment. The initial term of the contract was for three years and provided that the term would be automatically extended on the first day of each calendar month and that, if terminated without cause, IUSD was required to provide at least six months prior notice. IUSD terminated the agreement with no notice to plaintiff.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that IUSD breached the terms of her written employment contract, which required cause for termination or six months notice if terminated without cause, and which contained a roll-over provision extending the term of the contract.

Plaintiff claimed that she was retaliated against for speaking out against unlawful or other improper conduct on the part of board members, including board members making racially and religiously discriminatory remarks; the board failing to following make required public disclosures; and the board making improper expenditures of public funds.

At all times prior to termination, plaintiff received favorable job reviews. After a couple of years on the job, plaintiff felt that she was being harassed, because of her gender, by two male board members, whom she claimed made sexual comments to her; and made gender-based comments denigrating women.

DEFENDANT'S CONTENTIONS:
The defense contended that the "Evergreen" perpetual renewal, rollover provisions of the contract violated Government Code section 53262 (requiring Board approval of employment contracts with high-ranking administrative officials) and therefore the contract was void as contrary to law and public policy.

The defense further contended that the contract was also void by virtue of plaintiff's self dealing, breach of fiduciary duty, and conflict of interest.

Furthermore, the defense asserted, the sole reason for plaintiff's termination was a projected $3.1 million budget deficit,. The Board was forced to make budget cuts because both the California Constitution and the Education Code require a school district's budget to be balanced each year.

Damages

Plaintiff claimed damages for breach of contract and emotional distress. Plaintiff also sought punitive damages against individual defendant board members.

Result

The case settled for $569,681.

Other Information

In addition to the $569,681 settlement, plaintiff recovered $85,000 from her workers' compensation claim arising from these same events. FILING DATE: Feb. 24, 2009.