Another legal setback
Judge dismisses Ed Barber's retirement benefits lawsuit against school board
By Donna C. Gregory NEWS EDITOR

Barber

Former Midlothian Supervisor Ed Barber lost yet another legal battle last week when a Chesterfield Circuit Court judge dismissed his lawsuit against the school board for unpaid retirement benefits.

At issue was whether Barber resigned or retired from his teaching position at Crenshaw Elementary School in June 2006 after he was accused of sexual molestation by his teenage stepdaughter.

Judge Michael C. Allen ruled the state code governing the resignation of school employees does not apply to Barber since he was retiring, not resigning. Because of that, the school board was not obligated to act on Barber's letter of retirement within two weeks, as stipulated by the resignation code.

Barber and his attorney, Larry Pochucha, of Bowen, Champlin, Carr, Foreman & Rockecharlie, are now reviewing the ruling to decide whether to appeal the decision to the Virginia Supreme Court.

"[The judge] made a ruling that the statute provided a different procedure for someone who wished to terminate their employment for resignation than for someone who wished to terminate their employment for retirement. Our argument is every retirement is a resignation," said Pochucha in an interview following the ruling. "I don't agree with his interpretation of the law, but whether or not the supreme court would reverse it is another matter. I want to look at it again and talk with Mr. Barber and determine what the next step is."

"If the court is incorrect, then I welcome correction by the supreme court," said Allen upon making his ruling. "I am persuaded that the school board acted within its prerogative to dismiss Mr. Barber."

Barber notified then Superintendent Billy Cannaday of his intent to retire via letter on June 21, 2006. The following day, Cannaday acknowledged the "receipt" of Barber's letter, adding "the school board will take action at its regularly scheduled meeting in August."

Barber's lawsuit claims Cannaday's response was an acceptance of his retirement, thereby giving the school board only two weeks to legally act on Barber's letter.

On June 28 last year, Barber pled guilty to two misdemeanor charges of sexual battery against his stepdaughter. His punishment included a two-year suspended sentence, three years of probation, community service and being registered on the state's sex offender registry. He resigned from the county's board of supervisors shortly thereafter.

On July 13, Barber was notified via mail that interim Superintendent Kathryn Kitchen was recommending his dismissal, and on Aug. 8, the school board formally fired Barber. The lawsuit claims the school board missed its two week window to act, and Barber is therefore entitled to his benefits as a retiree.

Although Barber's retirement benefits are paid by the state, last week's ruling, if upheld, means he is not eligible for county-funded benefits, including health and life insurance coverage, future medical supplemental insurance and reimbursement for unused sick and personal days. The suit, filed last June, asked for $200,000 in damages plus attorney's fees and court costs.

Barber's legal woes are far from over. Last March, Barber's stepdaughter filed a $7 million civil lawsuit against him. That suit was amended in November to include the victim's mother and Barber's wife, Terry Barber, as a co-defendant.