BENTONVILLE — A NorthWest Arkansas Community College administrator fired earlier this month is asking for an appeal.
The legal firm representing Marty Parsons, former senior vice president for administrative services and chief financial officer, sent a letter asking for the appeal last week.
The letter states Becky Paneitz, college president, had a conflict of interest when terminating Parsons’ employment contract. Brandon Cate and Joe Falasco of Quattlebaum, Grooms, Tull & Burrow are representing Parsons. The letter was signed by Cate.
Alex Vasquez, chairman of the college’s Board of Trustees, and other college officials declined comment about a possible appeal or Parsons’ legal letter because it is a personnel matter.
A memorandum signed by Paneitz in Parsons’ personnel file states he was counseled on issues including insubordination, failure to complete the college budget in a timely manner, inappropriate language and low morale in his department. Parsons was given 30 days to improve and “further inappropriate behavior could result in his termination.”
Parsons was fired Aug. 1. Paneitz’s letter detailed nine issues discussed in a July 25 meeting. Cate states Parsons received the memorandum with the nine issues for the first time Aug. 1.
“Mr. Parsons was never given the opportunity to address the issues raised in the July 25 memo to file prior to his termination,” Cate writes. “It appears that Dr. Paneitz had a conflict of interest because she had not received a complete account of the issues discussed in the July 25 memo to file at the time she terminated Mr. Parsons.”
The letter from Cate also addresses the points laid out in the memorandum.
Paneitz said Parsons criticized her by directly contacting trustees on the NorthWest Arkansas Community College Board.
“As the Board of Trustees knows, Mr. Parsons has never disregarded any proper channels of communication with the Board,” Cate states.
He goes on to state communication has not involved personal criticism of Paneitz.
Paneitz’s letter also states Parsons was late with the budget, which resulted in the Board of Trustees reviewing the document in June.
Cate’s letter states college officials met to review a final draft of the 2013 fiscal year budget May 2. Minor changes were made following the meeting. The budget was then presented to a subcommittee of the Board of Trustees on May 3. Minor adjustments were made from that meeting.
“On Monday, May 7, 2012, Dr. Paneitz, Randy Lawson, as a member of the Board of Trustees, and Mr. Parsons met to review the budget as part of the normal review process,” Cate writes. “Mr. Lawson expressed concern regarding the projected operating deficit. Dr. Paneitz then expressed concern with the scheduled salary increase in light of the operating deficit.
“Mr. Parsons reminded Dr. Paneitz that the scheduled salary increases had already been announced to the faculty and staff and that the Finance/Audit subcommittee of the Board of Trustees had already approved the budget as prepared. At that point, the meeting was adjourned with the understanding that they would work on presentation alternatives to present the deficit in the best light possible.”
Cate states Paneitz asked presentation of the budget be delayed until the June meeting later that day. Cate states Parsons was ready to present the budget in June and the delay could have been a misunderstanding. Parsons was first notified of Paneitz’s concern with the June presentation of the budget during the July 25 meeting, the letter states.
The college’s employee discipline and grievance policy states, “If the employee or faculty member feels that the president has a conflict of interest in the matter of dismissal, the president’s decision may be appealed to the Board of Trustees.”
The policy states evidence must be provided to have an appeal. Employees also have the option of a “name-clearing hearing” administered by the president. The employee must request the hearing within 10 days of the firing.