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School superintendent's contract under review

By Steve Welker | The News Herald

Published: April 2, 2009

Morganton, NC - The Burke County Board of Education will review School Superintendent David Burleson's contract during a special meeting at 5:15 p.m. Monday in Patton High School's Media Center.
The meeting will precede a public forum about the proposed school dress code. The forum, which school board members plan to attend, is to start at 6 p.m. in Patton High School's auditorium.
School board Chair Tracy Norman said board attorney Jon Jones notified board members "four to six weeks ago" about an issue involving Burleson's contract. Norman said Jones, who took over as the school board's attorney in 2008, discovered the potential conflict between the N.C. General Statutes and Burleson's contract during a review of the district's personnel contracts.
She declined to disclose the details, referring legal questions to Jones.
She called the special meeting because "I feel like we waited as long as we could" to deal with the issue.
"Our backs are kind of against the wall," she said. The school board usually has two meetings each month, but only one, on the 20th, was scheduled in April. Facing a "time constraint," she said, calling a special meeting "is the only way we would go."
Norman said she expects the meeting will be open unless the board needs to go into closed session to discuss personnel performance or advice from its attorney.
"I do anticipate a closed session" during the meeting, she said.
Burleson would not speculate about the board's reason for the meeting or what action the board might take.
"I knew there was a question, and thoughts about having a meeting, expressed at our last (board) meeting, which was the 16th," he said.
Burleson's contract runs until April 10, 2010. He said that date is four years from the day when the school board renewed his contract.
Though neither Norman nor Burleson said so, the date may be the point of conflict with the General Statutes.
In "Elementary and Secondary Education" Chapter 115C, paragraph 271(b) states, "Each local board of education shall elect a superintendent under a written contract of employment for a term of no more than four years, ending on June 30 of the final months of the contract" (italics added).
Burleson believes the schools' attorney at the time, Sam Aycock, wrote the contract developed by the board.
Aycock was in conference with a client Thursday afternoon and could not return The News Herald's telephone calls before press time.
Burleson confirmed that he has retained his own attorney, Ed Hinson of Charlotte.
The announcement of the board's special meeting raised a wave of public speculation including rumors that Burleson resigned.
"That is not true," Burleson said.
Another rumor is that Burleson was offered a position as superintendent of schools in Avery County, where he grew up.
"I have not pursued anything in Avery County or been contacted by Avery," he said. However, Burleson said he has had "some contact, fairly recently" about another position. He declined to identify who made that contact.
Burleson also emphasized his strong commitment to the Burke County Public Schools where he has worked for 27 years. Burleson said he has remained here "for the students that we serve. I feel a lot of what we're doing is good for students" and he hopes to continue that work.
"My life has been dedicated to this community at large for the past 27 years and I don't think I have anything to regret," he said. "I appreciate the opportunity to be here."
Burleson, 48, has been a teacher, principal and superintendent in the Burke County Public Schools.
He has been active in the community, most recently as chairman of the Burke County Chamber of Commerce before becoming chairman of the United Way board of directors. He also is a deacon at Pleasant Ridge Baptist Church.
Burleson is chairman of the N.C. Compliance Commission that reviews testing and accountability.
He is in the process of completing work for his doctorate from Appalachian State University. Burleson said he has to finish two classes this semester, two summer-school classes and his dissertation on the socio-cultural reasons that students drop out.