Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, April 7, 1993 TAG: 9304070355
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: LAURA WILLIAMSON STAFF WRITER
DATELINE: LENGTH: Medium
TOTA GETS FEES, BUT MUST WORK
After consulting with attorneys for more than an hour Tuesday night, the Roanoke School Board determined it has no legal way out of a contract that promises $245,000 in consulting fees to retiring School Superintendent Frank Tota.But Tota will have to work for the money.
That was the upshot of a terse statement read by School Board Chairman Finn Pincus before adjourning the meeting.
"The board has received a full briefing with respect to the 1989 legal contract and its legal alternatives," Pincus read. "The board fully expects the superintendent and the board will each fulfill their legal obligations under the contract.
"There are some details that need to be worked out between the parties," he continued. "The board seeks an early resolution of this matter for the well-being of all concerned."
Pincus would take no questions following the statement. He and several board members refused to clarify whether it meant Tota would be required to continue working for the Roanoke schools after he takes a superintendent's position in Dobbs Ferry, N.Y., July 1.
But one School Board member, who asked not to be identified, confirmed that the attorneys told the board Tota would have to work 20 days each year in exchange for an annual $35,000 consultant's fee.
"That's what it meant," the board member said. "He has to work 20 days."
Tota's contract, negotiated in 1989, promised him 35 percent of his salary - currently $100,000 - as an early retirement benefit in return for 20 days of work each of the first seven years following his 55th birthday, which is Dec. 28.
The deal came into question, however, after Tota accepted the Dobbs Ferry position last month. At the time, School Board member Jay Turner said Tota was free to leave town without fulfilling his 20-day obligation because the board always had intended the money as a benefit and never expected him to work for it.
Incoming Superintendent E. Wayne Harris also said he hoped the board would not avail itself of Tota's services.
But other board members, angered over the idea of paying Tota for nothing, challenged the legality of the contract. At the request of Nelson Harris, the board heard legal opinions Tuesday from City Attorney Wilburn Dibling and his assistant, William X. Parsons.
Dibling also refused to clarify the board's official statement.
"I think at some point in the future it will all be crystal clear and everyone will understand it," he said.
Pincus said discussions of Tota's contract will continue. Tota was not present during the closed-door meeting and could not be reached for comment later.
\ IN OTHER BUSINESS\ THE ROANOKE SCHOOL BOARD\ \ Termination: Voted unanimously to accept the nonrenewal of high school dropout-prevention counselor John Canty's contract. Canty, 33, awaits trial on a charge that he had sex with a 13-year-old student at his Roanoke home. He has been suspended without pay for the remainder of the school year.\ \ City school anniversary: Recognized the 10th anniversary of the City School program, which offers college preparatory classes in English and government to advanced students.