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 Home > Thisjustin > Story

Published - Saturday, September 06, 2008

POST COMMENT | READ COMMENTS (37 comment(s))

Smalley to resume job as elementary principal

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John Smalley, the principal of West Salem Elementary who was terminated last January, will resume his position at the school beginning Sept. 9, the West Salem School District announced Thursday afternoon.

A school district press release said the board’s decision to fire Smalley “was made on the advice of legal counsel and based on that legal counsel’s representations regarding the investigation he conducted. That investigation was not complete. Soon after the termination decision, the school board learned that it had received erroneous legal advice regarding its decision.”

After the school board learned of the problem with the legal advice, the board reinstated Smalley, reimbursed him for the salary and benefits he would have received and placed on him on paid administrative leave. Meanwhile, the district hired a new attorney, who advised the school board have an attorney investigate the facts and evidence related to Smalley.

The school district press release said the investigator concluded that, “despite previous advice to the contrary, there was insufficient evidence upon which to proceed with a termination hearing or any other discipline.”

Based on the information provided by the new investigator and the advice provided by the new counsel, the school board was advised that it never should have removed Smalley from his duties as principal or terminated his contract in the first place.

As a result, Smalley will return to work Sept. 9. The board has started the process of pursuing recourse against the attorney who provided erroneous advice. In addition, Smalley is evaluating what legal action he might pursue against the school district.

The school district press release concluded as follows: “Everyone involved intends to move forward with District business. Mr. Smalley is eager to resume his duties as the Elementary School Principal and to continue to use his best efforts for the District, its students, parents and staff. Mr. Smalley and the District will resume working together to fulfill the mission of the School District of West Salem, which is to educate and graduate students by providing children access to quality education with high academic standards, which will develop responsible citizens with the skills and behaviors necessary for lifelong learning, higher education and employment.”
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ws parent wrote on Sep 10, 2008 9:56 AM:

" perhaps mr. smalley should apologize to the
children for putting their school in news and distracting EVERYONE because of what he did. I think that would give everyone a chance to pause and see where his heart is. Address the kids directly Mr. Smalley and the parents too. "

ws parents wrote on Sep 9, 2008 6:36 AM:

" Sorry guys, I think it takes guts and a love of your children to take things into your own hand when the system has failed. Our children need to know that the parents are their best advocates. These parents are frustrated beyond measure. Why would he even want to be back? Does he send his kids to the school he heads up? Please Mr. Smalley start a brand new life somewhere else. It's best for you,your family and ours. "

Dawn wrote on Sep 8, 2008 8:07 PM:

" Ditto to Ann Loomis. What is this going to do for the children who attend school tomorrow? This will be a big distraction for them. Also, if they feel the need to picket, they need to picket the school board not the children. You have small children who are going to be seeing these parents acting out their anger. What example is this? Children at this age should not be exposed to actions like these. My children are happy to see Mr Smalley come back. They understand people make mistakes and deserve a second chance. "

Get Real wrote on Sep 8, 2008 11:46 AM:

" As I drove through the elementary school parking lot this morning to drop off my child, I was stopped and handed a flyer asking me to join the picket line tomorrow morning and to keep my child home from school. Whose bright idea was this?? Parents are so concerned about the fear their children are facing with Mr. Smalley coming back, how do they think this will affect the children? This will only instill a greater fear, if they even had one. What an awful example for parents to send to their child. And why would I even think about keeping my child home from school. Who is that really going to hurt? Mr. Smalley is back. Deal with it! He has gone through alcoholic rehabilitation .......... he deserves a second chance! I can't believe how vicious some people can be. I was also told by another parent that the people handing out the flyers should be cleaning up their own backyards. That is usually par for course. The people that do the most complaining are the ones that have no business throwing stones! I hope that the majority of our community will see nothing positive will come out of this. If they want to complain, fill out one of the complaint forms. It will go straight to Nancy Burns, the person that should be receiving this anger!!! "

Heres a thought wrote on Sep 7, 2008 3:38 PM:

" Many are wondering how he can think of showing his face again. He is trying to save his career (survival instinct). I can see him putting in a year (it's going to be one long year) and resign on his own terms. Didn't he have issues at a previous district before we were lucky enough to find him? "

wow........ wrote on Sep 7, 2008 3:00 PM:

" I don't know a lot of elementary age students who consistently watch the news and read the newspaper. If these students are hearing negative things they are coming from their parents. Do you really want the best for your kids? Why put the children in this awkward position? "

To Anne Loomis wrote on Sep 7, 2008 6:33 AM:

" I certainly would use my name if I didn't work in the School District but I do say "Bravo" to you! Demonstrating to our children about how to act and moving forward is probably the best education we could ever give them. All this talk I hear about protesting on Tuesday and keeping our kids home.......what kind of lesson is that? And being worried about our kids safety? Give me a break! There are over a 100 people employed by the elementary school. Do you REALLY think our kids are in danger? Grow up people!!! "

To Anne Loomis wrote on Sep 7, 2008 12:12 AM:

" In you'r eyes, what is the right way to proceed?? m1 "

Anne M. Loomis wrote on Sep 6, 2008 7:43 PM:

" Wouldn't it be wonderful if all of this energy were being spent on our children's education? There have been only four days in the 2008-09 school year, and we are now all completely derailed. Let's take a deep breath and really evaluate the right way to proceed - one that demonstrates to our children how they will be expected to act when they are adults.

I also challenge all of you to use your names when posting comments. "

ws parent wrote on Sep 6, 2008 7:39 PM:

" I am fairly certain that you can't adopt a dog from the humane society if you have anger issues and court dates pending but now mr. smalley can be in charge of our children's safety? where is the sense? "

Common Sense wrote on Sep 6, 2008 7:32 PM:

" Has he no pride? No shame? How can he even hold his head up? "

West Salem Parent wrote on Sep 6, 2008 7:37 AM:

" I think that it is time to consider the administration's action. The Board has used the services of an excellent law firm in Madison, but when they want to fire a district employee they hire a local attorney with very little employment law experience. When things go wrong, they blame the attorney, yet they are the ones who hired him and they made the decision to fire Mr. Smalley. When Mr. Smalley is reinstated the superintendent not only continues blame the attorney, but does so in a letter to all parents. She further states that he is considering additional legal action. Looks like that is a set up to cause further conflict rather than going forward in a positive manner. I am sure that if any of us lost our job because of an arguement with our spouse or for job performance issues that no one ever told us about, we would want a second chance. Everyone has a right to be treated fairly. Mr. Smalley was not treated fairly or legally and he also deserves a second chance. "

in his pocket or not wrote on Sep 6, 2008 7:21 AM:

" Money in his pocket or not, I don't want my children having a man like him as a role model. How much are YOU willing to pay for a positive environment with a great role model for our children? I can tell you that I'm willing to pay whatever necessary to NOT have a role model like Smalley for my children. "

To Buck Up wrote on Sep 6, 2008 5:58 AM:

" I totally agree with you. The advice from administration is: "We need to move forward with a positive attitude." They know there is litigation pending (I believe that it depends on how Mr. Smalley is treated) and it could end up costing West Salem BIG, BIG, BUCKS. I also wonder who is putting all this fear into the kids. Is it parents saying "Mr. Smalley is a bad, bad man?" Maybe they are overhearing parents talking about this and what a "terrible" situation it is. Kids will usually feel the same way their parents do which is why, for the sake of the kids, parents need to be positive about this and reinforce to their children that they are safe. Let's be realistic........your children will be fine! "

buck up wrote on Sep 5, 2008 8:54 PM:

" You are absolutely right. The character harm is his responsibility. But he also has an excellent attorney...and school lawyers already put the ball in his court. Litigation is pending. Be careful, you could be putting big money in his pocket. "

So are we.... wrote on Sep 5, 2008 8:50 PM:

" going to do something as parents to prevent a man accused and arrested for physical agression towards his wife from being in charge of our childrens education? I cannot imagine him wanting to come back for any other reason than an "I told you so" attitude. Now let's see the morale of the teachers go down, in return making our childrens education at risk. Do not think for once second that are children do not know what happened. If you look at the court records for his domestic incident, you will see he is attending AODA, not a good role model. "

To buck up wrote on Sep 5, 2008 8:11 PM:

" I understand what you are saying but I have to say that Smalley brought harm to his character all on his own. First, we know he was arrested on domestic violence. His picture was all over the media, including Eau Claire. Anyone that didn't know him then, knows him now. That alone has people concerned about how he may handle situations that upset him at school. Even without all the "other stuff", I don't want him overseeing my child. Some children are afraid of him because of what they saw on the news. A child going to school in fear?? Bullying is bad enough but to fear the person that should be protecting you - VERY SCAREY. "

To not without skeletons wrote on Sep 5, 2008 7:43 PM:

" I'm also an employee, but need to disagree with you. I wouldn't say "many" will welcome him back and give him a second chance but know there are probably a few. Some of us have already given him a second chance, third chance, and fourth chance! Some of us couldn't even do that because we were never acknowledged. You said you didn't like what Smalley did. You also stated he should have higher morals and standards as an ES principal, yet you are willing to give him a second chance. Morals and standards don't change overnight. They are usually instilled at a young age and we hope as parents stay with them. Not something you can just change because you are given a second chance. Just food for thought. "

I agree wrote on Sep 5, 2008 7:38 PM:

" and why would you WANT to come back to a job where you clearly are not wanted by the parents, your co-workers, the school district, and bloggers. Can you imagine his first day back? How can he look anyone straight in the eye? He will probably just sit in his office, hiding from the kids, staff, and parents. Hey, and we'll pay him to do that! He has to be full of shame at what has happened. Is he proud of himself for getting his job back? Will he strut around like a proud turkey...looky what I did!?! Even a casual, small talk conversation would be hard for anyone with him...probably for a long time. Again, why fight for a job where you know you aren't wanted? Respectfully resign and move on, Smalley. "

To Not without skeletons at wrote on Sep 5, 2008 6:25 PM:

" I, too, am a long time employee of the WS schools. I don't know which employees you have been talking to who "will welcome him back and are willing to give him a second chance", but they certainly aren't the co-workers I have contact with day in and day out. I have NEVER, and I mean NEVER heard a positive word about Smalley's performance as a principal. The dealings I have had with him have been strange at best. I do know that Barb Buswell had to step into a very awkward situation and has done a marvelous job thus far as interim principal. What a shame that she will be gone and Smalley will be back. I don't know how he can show his face in the district again. "

buck up wrote on Sep 5, 2008 6:24 PM:

" Keep it up West Salem and you will make Mr. Smalley a rich man. Did you read carefully? The district lawyers determined that not only was he wrongfully fired, but that disciplinary action was not even appropriate. Litigation is pending. He is "evaluating" whether to pursue it further...you keep offering further evidence of wrongful doing and harm to his character with your response to this. He may walk away with a million. Your children are safe. The staff will see to it. "

Form PLEASE wrote on Sep 5, 2008 4:36 PM:

" I will be obtaining a form first thing Monday morning. I wonder why parents had to find out about the forms via comments in a newspaper? Another great performance of communication on the schools behalf. Hey at least we got a letter in the mail BEFORE this hit the media. Interesting that our high school children come home and tell us it was announced to watch the 5pm news to hear something about our schools! So now the almost adults are seeing first hand that Smalley's behavior is not warrant to get fired from a job! Shame on West Salem! "

Not without skeletons wrote on Sep 5, 2008 4:31 PM:

" To whoever responded to my thoughts, I have this to say. I am an employee of the West Salem School District and do know that alot of malicious talk WAS heresay. I also know that you don't have to feel sorry for all the employee's at school. I'm glad to know you think you know them all personally. There are many who will welcome him back and are willing to give him a second chance. The gossip and slanderous accusations ended up in a good old "Witch Hunt." This whole situation is nobody else's fault but administration's and the School Board. I hope you never make a mistake in your life, but I imagine that you are perfect! "

Pro-active wrote on Sep 5, 2008 2:37 PM:

" There are forms at the elementary school for parents to fill out/file a complaint regarding Smalleys reinstatement. I hope they have enough copies!! "

I wonder wrote on Sep 5, 2008 2:01 PM:

" How much they are going to have to pay him ion a settlement to keep it out of court? "

To not without skeletons wrote on Sep 5, 2008 12:38 PM:

" I will tell you that much of the "gossip" was not heresay. Smalley knows that and so do many of the staff members at the elementary school. The board did the appropriate thing by terminating him...they just didn't follow the correct procedures. Just because Smalley is back doesn't indicate he deserves to be reinstated or is wanted at the elementary school. Most there don't want him to return. Morale was much better without him. He is marginal, at best, at the position. Our children and the staff are the ones who will suffer as a result of his reinstatement. "

Second Chance wrote on Sep 5, 2008 12:23 PM:

" Good point about second chances! How can we sit back and be silent, however, and allow Smalley to walz back into the lives of our children without saying something!? Also, if Smalley wishes to continue ANY legal actions against his employer WHILE being "on the job", to me this "makes" his second chance null and void! "

Legal Perspective wrote on Sep 5, 2008 12:08 PM:

" Interesting comments! However frustrated we may be about the news of yesterday and this morning, it appears that from a legal perspective, the administration and school board had no other recourse than to reinstate Smalley. While our children and the school staff are in definitely in our thoughts, it is SO frustrating to me that the past legal counsel's TOTAL lack of completeness and integrity has resulted in this scenario!!! Some attorneys arrogance strikes society again!!! "

not without skeletons wrote on Sep 5, 2008 11:51 AM:

" I love all these people who are able to sit in judgement of somebody they really don't even know. And doesn't God forgive and give us all second chances? Do I like what John Smalley did? No. Do I feel he should have higher morals and standards as a elementary principal? Yes. Alot of the gossip of what John Smalley did was, just that, gossip and heresay. I can't believe the people that are getting all bent out of shape. Give the man a second chance. How many other people in this world were grateful for a second chance? "

WS is ridiculous wrote on Sep 5, 2008 11:14 AM:

" For W.Salem to reinstate an administrator with the morals he has portrayed time and time again is a disgrace and a blemish on an otherwise decent school district. Mr. Smalley does not deserve the respect or the time of day as a principal in this district. I for one will not allow my children to go to a school district that allows people with the moral standards that Mr. Smalley portrays to continue to be employed. I am a former student of the district, and it makes me sad to see how much the district is going down the drain. "

Are you kidding wrote on Sep 5, 2008 10:41 AM:

" Obviously you have no children! Elementary students are a lot more intelligent than you think! Do you have children in the elementary school? I know that my child wondered what happened to Mr. Smalley. I also know that kids talked about what happened and why he was not there anymore. Maybe you are a little to close to this situation to be concerned but I know that my child deserves a better role model than Mr. Smalley!! I just hope that he has no reason to contact me regarding my child, let me tell you, he will hear what I think of him!! "

Yeah right wrote on Sep 5, 2008 10:18 AM:

" Like elementary school kids read the newspaper or pay any attention to the evening news. Unless you're from a family that eats dinner in front of the TV, then maybe they do. In any case, I think you're exaggerating the trauma suffered by the kids. "

I agree.... wrote on Sep 5, 2008 10:00 AM:

" We need to protest! Someone needs to stand up for our children here and the impact that entire media drama had on them when they saw their principal's mugshot all over the news! Maybe there was no legal right to fire Smalley but there is a moral obligation to our students to keep his nasty lifestyle out of our school! Why wasn't he just offered a nice little "compensation package" to stay gone. Oh yeah, cause then no other school district will have him! Parents, what are we going to do??? "

west salem parent wrote on Sep 4, 2008 10:57 PM:

" what would happen to school funding if everyone stayed home from school on the second friday of september in protest of this decision. The students at the school have already expressed fears of having this man in their school. What about them? "

buck up wrote on Sep 4, 2008 7:31 PM:

" Come on West Salem...please stop this. It is not good for your children! Support the schools and the people who put a lot of time and effort into them. "

why wrote on Sep 4, 2008 7:01 PM:

" would Smalley even want to come back. It reminds me of years ago when West Salem tried to fire a teacher only to have to rehire him. And to think these people deal with our kids on a daily basis! "

madmom wrote on Sep 4, 2008 5:29 PM:

" You have got to be kidding me!!! What a sad day for West Salem on Sept. 9th. Smalley doesn't deserve the time of day, much less being a principal in an Elem. school. I have lost total respect for the school board and administration in W.S. What a joke!!! "


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