DATE: Saturday, July 12, 1997               TAG: 9707120322

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 

SOURCE: PAUL SOUTH, STAFF WRITER 

                                            LENGTH:   44 lines

DISMISSED DARE SCHOOL OFFICIAL SUES EDUCATION BOARD OVER FIRING

A former assistant principal at Kitty Hawk School has filed suit against the Dare County Board of Education challenging his dismissal.

Carmen Melito was an assistant principal at Manteo High School before being transferred to Kitty Hawk Elementary School as assistant principal a year ago. He contends the school board did not follow proper procedure in firing him three months ago.

Melito is asking that he be reinstated, and that he receive back pay and costs associated with the suit.

Thomas H. White Jr., attorney for the school board, declined comment Friday afternoon. He said the board has not been served with the suit.

The complaint notes that on April 15, 1997, Melito received a letter from Superintendent Leon Holleman saying his contract would not be renewed. Melito contends Holleman violated state law by failing to give a reason for the termination.

On June 10, the school board held a closed-door meeting with Melito and Kitty Hawk Principal Gary McDonald. On June 12, the school board informed Melito it was upholding Holleman's recommendation.

The suit further alleges the school district acted in an ``arbitrary, capricious, political'' manner not warranted by the facts.

In an interview earlier this week, Melito said he was denied due process by the school system.

``It makes me feel terrible,'' Melito said of his dismissal. ``I feel an emotional attachment about what I do. I don't feel I did anything that justifies dismissal. I've had 27 years worth of good performance evaluations. I haven't received an evaluation in the last two years.''

Melito charges he was shortchanged with regard to pension benefits. He has three years of service with the Dare County Schools. Under North Carolina law, employees have full rights to pension benefits after four years and when the pensioner is 60. Melito is 59. His base salary with the school district was $49,740.

``This is something I've devoted my life to,'' Melito said. ``I love kids and I want the opportunity to do my job.''

The North Carolina Association of Educators is joining Melito in the suit. No trial date has been set. KEYWORDS: LAWSUIT FIRING DARE COUNTY BOARD OF EDUCATION

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