Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: SATURDAY, March 27, 1993 TAG: 9303270056
SECTION: VIRGINIA PAGE: C1 EDITION: METRO
SOURCE: LAURA WILLIAMSON STAFF WRITER
DATELINE: LENGTH: Medium
C. Nelson Harris said Friday that two attorneys told him Tota, who retires June 30, would have to fulfill his work obligation or forfeit a $35,000 annual consultant's fee.
Board members have disagreed over whether Tota would be required to work for the money after he leaves for a superintendent's position in Dobbs Ferry, N.Y.
"In my opinion, it's not only not right [to release him], it's not legal," Harris said.
Harris and other School Board members took issue with fellow board member and former Chairman J.M. "Jay" Turner last week for saying the board never intended to ask Tota to work for his early retirement benefits. Tota's contract allows him to collect $35,000 a year for seven years in exchange for 20 days of consulting work per year.
The issue was further complicated by a request from incoming Superintendent Wayne Harris, who told board members he preferred that they not call on Tota's services.
But giving Tota the money without asking him to work would constitute a gift, Harris said the attorneys told him. He said they also told him it was illegal to make gifts with taxpayers' money.
Assistant City Attorney William X. Parsons, one of the two attorneys Harris consulted, would not confirm he gave that opinion to Harris.
"I just don't think I can confirm what I said on that matter," he said. Parsons added he had not finished researching the issue.
The second attorney Harris consulted, Rick Carter of the Virginia School Board Association, could not be reached for comment Friday.
If the board cannot legally release Tota from his obligation, it either must find something for him to do that won't interfere with the new administration or ask him to give up the money, Harris said.
But it can't force Tota to surrender the money because he's entitled to it under his contract, Harris said.
Tota could not be reached for comment Friday. He has said in prior interviews that he would discuss the terms of his retirement package with School Board members only.
The board plans to discuss Tota's deal in closed session April 6.
Turner said he would like to discuss the matter in open session and hoped the board could reach some kind of compromise.
by CNB