Former North Andover's Acting
Superintendent
Gave Himself Illegal Raise of $4,484 Raise by Tom Duggan
1/18/08
The North
Andover School Committee is suing their former acting
Superintendent Richard Bergeron for illegally giving
himself a $4,484.34 raise without school committee
approval.
A complaint filed in Lawrence District Court claims that
Bergeron ordered a payroll clerk to put the additional
money in his paycheck with no approved contract and no
legal vote of the committee.
Bergeron, who was hired as the acting superintendent of
Schools after the resignation of Harry Harutunian and was
to be paid an additional "$3,200 per week for
the remainder of the school year," according to the
complaint.
"On June 25, 2007, defendant sent an email to
a clerical staff person to 'summarize the list of
understandings I have with payroll.' Defendant further
stated in the email that 'I am getting $3,200 (extra) per
week while I am acting superintendent.' the complaint
alleges. Bergeron never sent a copy of the email
to any members of the school committee, only to his
assistant and payroll.
"As a direct result of clerical error and defendants
false statement to committees clerical staff, defendant
(Bergeron) erroneously and wrongfully received and
deposited an overpayment of $4,484.34."
Bergeron claims that he is entitled to the overpayment
because he had an oral agreement with former School
Committee chairman Bill Kelley. According to the
town charter, individual school committee members have no
authority without a vote of the committee. Bergeron
had a written contract approved by the committee which
did not entitle him to the extra funds.
The School Committee did not learn that Bergeron had
overpaid himself without school committee approval until
after Bergeron had left the employment of the North
Andover School Committee. After multiple attempts by the
committee to recoup the money the committee filed court
action because Bergeron refused to pay the money back.
In his lawyers answer to the allegations filed in
Lawrence District Court, Bergeron is counter suing the
school committee for an additional $15,000 he claims was
promised him by former School Committeeman Al Perry when
he was chairman of the committee. "The chairman,
acting with authority of the committee, offered and Dr.
Bergeron accepted, an additional $15,000 in consideration
for Bergeron's fulfillment of additional duties as
Superintendent." Bergeron's filings stated.
There is no record in of any school committee vote to
approve compensation to Bergeron for an additional
$15,000. According to minutes of the school
committee, the committee never approved $15,000
compensation for Bergeron, in fact, in Bergeron's own
court filings he admits that the school committee met in
executive session and voted against giving him $15,000.
by a vote of 4-1. Acting with no legal authority,
School Committeeman Al Perry did meet with Bergeron where
the additional $15,000 was discussed and according to
Bergeron's attorneys Perry signed a contract with
Bergeron which was presented to the full committee in
secret session, but the committee voted 4-1 against
signing it.
Bergeron claims that in this March '07 executive
session, where the $15,000 was discussed, "no action
to repudiate the oral agreement reached between... the
Committee Chair, Mr. Al Perry and Bergeron. It is
unclear as to whether or not members of the committee
were aware of, (and certainly did not approve of) any
oral agreement between individual committee member Al
Perry and Bergeron. Nor was Mr. Perry delegated by the
committee to privately negotiate a $15,000 bonus prior to
the two meeting to discuss payment.
*Send your questions comments to ValleyPatriot@aol.com The January 2008 Edition
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