Thomas MacMillan File Photo
Will Clark testifying on budget.
The Board of Education gave its chief operating officer a six-figure going-away present, in return for a promise not to file suit against it or make disparaging public statements about public officials.
He will be allowed to talk to, say, the feds if they come asking questions.
Those are some of the highlights of a separation agreement that Superintendent of Schools Carol Birks signed Jan. 4 with Will Clark, who resigned his post as chief operating officer to take a similar job with the Waterbury schools.
The agreement has sparked much discussion around town since the New Haven Register first reported it (in this Jan. 11 article by Brian Zahn), with people shaking their heads about why someone would get paid so much money to leave a job on his own volition.
As part of the agreement, both sides are staying mum about the whys.
The “what“s are spelled out in detail. At the request of readers, we have reproduced the full agreement below.
Under the agreement, the Board of Education is paying Clark $97,716.29 in severance and $5,081.25 for a tax shelter annuity. Clark agrees not to sue the Board of Ed or “make any disparaging or defamatory statements about the Board, its members, including Frank Redente, Mayor Toni N. Harp, Makayla Dawkins, Dr. Edward Joyner, Darnell Goldson, Edgar Rivera, Jamell Cotto, Dr. Tamiko Jackson-McArthur, Joseph Rodriguez or its business, the Superintendent, Dr. Carol Birks.” In return the board “instructs” its members to refrain from trashing Clark.
Clark, who was widely respected for his knowledge of district finances and operations and who oversaw the rebuilding of schools citywide, does have permission to spill the beans about any wrongdoing if the government should happen to come asking. (Read more about his accomplishments in this story.)
“Nothing in this Agreement is intended to affect Clark’s ability to respond to an inquiry by a governmental or self-regulatory body, to respond to a valid and binding subpoena,” the document states.
Nor is Clark barred from “providing information to, or testifying or otherwise assisting in, any investigation or proceeding brought by any federal or state regulatory or law enforcement agency or legislative body, any self-regulatory organization or the Board’s legal or compliance departments.”
Schools Superintendent Carol Birks, who assumed her job last year with a change mandate, negotiated the agreement with Clark. All but one Board of Education member voted to approve it; board President Darnell Goldson cast the lone dissenting vote. The board discussed the agreement in executive session, so the public never learned why it struck the unusual deal.
“I was absolutely opposed to the golden parachute. This school system cannot afford those kinds of agreements with the deficits that we have,” Goldson said in an interview Tuesday.
Clark’s golden parachute earned skepticism from at least one alder at Monday’s night’s Board of Alders Finance Committee meeting.
Thomas Breen Photo
Alder Anna Festa at finance hearing: Why are we paying this?
During a discussion with the city controller and the acting city budget director about the BOE’s projected $8.7 to $8.9 million dollar fiscal year deficit, East Rock Alder Anna Festa asked the city finance duo about Clark’s payout.
“We’re in a deficit with the Board of Ed,” she said. “Where is the Board of Ed getting $100,000 to pay off our previous COO?”
By all contemporaneous reports in December, she said, Clark seemed to leave for a job in Waterbury of his own free will.
“Why are we paying a severance?” she asked again.
“That is a question for the Board for Ed,” said city Acting Budget Director Michael Gormany.
At the time Clark left, both he and Birks issued official statements.
Birks said that Clark had been “a collaborator for me as I have transitioned into New Haven,” just as her predecessors “counted on” his know-how. “He effectively led a variety of divisions for many years and led many projects that will serve the District well for years to come,” she wrote. “I wish Attorney Clark well as he chooses to move to the next chapter in his career and know that he will continue to be a resource and passionate advocate for his home City and District.”
“The last 11 years have been extremely exciting and rewarding for me, and it was my distinct pleasure to serve the citizens of New Haven, particularly the New Haven Public School students,” Clark said in a written statement. “I am confident in the foundation that exists within New Haven, to continue on a path to reach its goals and to support all students on their educational journey to be the best they can be.”
The severance agreement follows:
Maybe Will can't speak but we sure can. My classroom has technology from the last century, no supplies, no textbooks can be ordered because there are no funds and this superintendent seems it a good move to force out Will Clark, who has done , by most accounts , a good job. I do not personally like Will Clark but that has nothing to do with his performance.
Over 100k is spent so she can hire another one of her cronies? This is pathetic and I, as a teacher in this system, am totally disgusted. She needs to go.