Barber sues school system for medical, sick leave benefits
By Greg Pearson STAFF WRITER

Barber

Former Supervisor Ed Barber is suing Chesterfield County Public Schools (CCPS) because the School Board refuses to pay him the medical benefits and sick leave he believes he's owed. The School Board says it has rejected Barber's letter of retirement and considers him to be a fired employee, making him ineligible for those benefits.

The exact value of the benefits allegedly owed to Barber is unknown.

The school system continues to pay medical benefits for personnel after retirement. Retiring employees also receive compensation for sick leave not taken.

According to Tim Bullis, assistant director of the school system's community relations department, CCPS currently pays $305 per month for medical benefits for each current and retired employee.

Because the lawsuit involves a personnel matter, he declined to say if CCPS previously paid for medical coverage for Barber's wife and daughters. Another school source said the school system pays 55 percent of the medical coverage for family members, but was not sure how many family members were covered by Barber's medical insurance.

Barber's complaint was filed in Chesterfield Circuit Court on Aug. 31 by his attorney, Larry Pochucha of Bowen Champlin, Carr, Foreman & Rockcharlie, a Chesterfield law firm.

"The School Board accepted his retirement and then someone decided to dismiss him," charged Pochucha. The suit alleges that Barber sent a letter on June 21 this year to then Superintendent Billy Cannaday, who, on the following day, "acknowledged acceptance of [Barber's] retirement effective July 1, 2006 without objection."

"It's a completed contractual matter governed by the Virginia code," added Pochucha. "The School Board had two weeks to accept or reject his retirement and took action much later."

Bullis said the School Board took its action at its Aug. 8 meeting. Because it was a personnel issue, Bullis declined further comment. The motion to fire Barber was made by Clover Hill member Dianne Pettitt and seconded by Matoaca's Tom Doland. The unanimous 4-0 vote had the support of Bermuda's Marshall Trammell and Dale's Verena McCall.

Barber's retirement letter was sent before he pled guilty to two misdemeanors for "sexual abuse" on June 28. In a plea agreement, he admitted he "touched the private parts of [his 16-year-old stepdaughter] against her will." His punishment included a two-year suspended sentence, three years of probation, 100 hours of community service and being registered with the state's Sex Offender Registry. He must undergo a sex offender evaluation, which could require sex offender counseling.

"If we just accept his retirement in the light of our knowledge that the misdemeanors occurred, that's not how we have handled similar situations in the past," replied Jim Schroeder, School Board vice chairman. "In previous actions for similar offenses, it's been termination. Our policy doesn't allow for any wiggle room."

Pochucha defended Barber, saying he pled guilty for the certainty of not going to jail. "He's not the first person to do that," argued Pochucha. "His alleged offense had nothing to do with his job as a Chesterfield teacher."

The suit doesn't specifically ask for damages, court costs and attorney's fees, but requests "...other and further relief as to equity [that] may seem [to] meet...the nature of this case..."

"The statute doesn't normally allow for damages or attorney's fees," said Pochucha. "[The School Board] will be spending more on attorney's fees, so it looks spiteful to me. Ed just wants to get on with his life."

Barber was employed by CCPS for more than 25 years. His most recent position was as a physical education teacher at Crenshaw Elementary School.

As a supervisor for the Midlothian District, Barber pushed issues that the School Board and the school administration disagreed with. He wanted to convert Clover Hill High School into a middle school when a replacement high school for Clover Hill is built. According to several sources, he was instrumental in locating a new middle school at Centerpointe when the School Board preferred a location near the Route 360 corridor.

Barber is a Democrat while the School Board has three members who belong to the Chesterfield Republican Committee. The other two School Board members are Independents.