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Laid-off principal files appeal

A former Glen Lake administrator is appealing the district’s decision to lay him off last summer and not make a teaching position available.

Bryan P. Burns, who taught for 12 years at Glen Lake prior to his appointment as middle school principal in 2004, was dismissed from employment with the district at the conclusion of the 2005-06 school year. He is appealing the decision to the state Tenure Commission.

The district Board of Education, in a cost-cutting measure, eliminated the middle school administrator’s position effective June 30, 2006. However, the former middle school teacher, who was tenured prior to his appointment to the administrative post, was not offered a teaching position.

“I feel there may have been a violation of my tenure rights,” Burns said. “I worked there for 14 years‚ 12 of those years as a teacher.”

Glen Lake Superintendent Joan Groening declined comment on the issue.

Through the Freedom of Information Act, the Enterprise secured correspondence between Burns and school officials dating back nearly a year in which he steadfastly continued to express a desire to stay in the district.

In an April 8, 2006, email to former superintendent Tom Harwood, Burns wrote:

“I spoke with you about my ability to move back to a teaching position based on my seniority and tenure with the district. At that time you said we would need to meet with the union to draft a letter of understanding regarding the situation. I did speak with (union president Fred O’Brien) to tell him my intention and that we would need to meet. What do we need to do now?”

Between that date and June 2006, the district Board of Education appointed former business manager Joan Groening as interim superintendent following Harwood’s departure to a downstate district. In response to Burns’ message, Groening emailed Burns June 6 to explain that he was still under contract as an administrator. As such, he had “no seniority rights within the teaching bargaining unit,” she wrote.

Burns filed a grievance in response, which was withdrawn less than a week later.
In the meantime, Burns accepted a position as K-12 administrator at Manistee Catholic Central. Prior to the return of students for the 2006-07 school year, Groening wrote Burns to inform him of an opening for a part-time middle school math teacher.

On Aug. 31, Burns was sent a letter regarding the notice of faculty assignments for the impending school year.

“Our records indicate that prior to becoming an administrator at Glen Lake … you attained status as a tenure teacher in the school system,” Groening wrote. “I am writing to advise you that there are currently no vacancies or other teaching assignments for the 2006-2007 school year to which you are entitled to be assigned based upon your certification and qualifications … the school district currently regards you as a tenure teacher on layoff status.”

Burns said he enjoys working at the Manistee parochial school, which has an enrollment of about 230, but feels his rights may have been violated.

A hearing on his appeal was scheduled to be held March 8 with an administrative law judge, but was postponed until March 21. Burns doesn’t plan to be part of the hearing to be held via teleconference. He will be represented by Traverse City attorney Patrick Heintz, who Burns has retained.

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