Suffolk says city can't help schools with pending lawsuits

SUFFOLK

The city manager has told school officials they're on their own in fighting - and potentially paying for - two pending lawsuits that could cost the division as much as $9 million.

Earlier this month, School Board Chairman Mike Debranski wrote Mayor Linda Johnson requesting advice on how to proceed with two mold-related lawsuits against the board. Neither suit is covered by the board's liability insurance.

If the board were to lose either case, Debranski wrote, it would have to request additional money from the city "because funds are not currently available in the School Board's operating budget for payment of a court judgment."

Citing Virginia law and the state constitution, City Manager Selena Cuffee-Glenn responded that it wouldn't be "proper or permissible" for the city to participate in the litigation. The board, not the city, is responsible for school maintenance, she wrote in a Jan. 10 letter to the mayor.

The board and City Council are autonomous, Cuffee-Glenn added, and that includes "budgeting for managing its risk exposure."

The city did not respond to questions from The Pilot on Tuesday seeking comment and more details on the city's position.

Johnson indicated in a written response to Debranski that she agreed with Cuffee-Glenn. A city spokeswoman said Johnson was unavailable for comment Tuesday.

It's not unusual for a locality to decline to get involved in a school board's litigation, said Mark Flynn, director of legal services for the Virginia Municipal League. "I would say that the majority do not," he said.

The lawsuits - one filed by a teacher and the other filed by the mother of a student - contend that school officials failed to address mold and moisture problems at two city elementary schools.

A 2009 complaint against the School Board said Cristina Hood suffered from allergic reactions, respiratory problems and severe skin rashes while working as a fourth-grade teacher at Booker T. Washington Elementary.

Hood's $1.5 million suit was filed in Suffolk Circuit Court but later removed to U.S. District Court in Norfolk. A federal judge dismissed the complaint in December 2010, ruling that Hood's constitutional rights were not violated.

The case is now being considered by the 4th U.S. Circuit Court of Appeals.

A separate lawsuit filed in 2010 against the board and several division employees detailed the health problems of a former Southwestern Elementary student. Deborah Simpson's son suffered from ear and sinus infections, rashes and repeated vomiting, all mold-induced, according to the complaint.

The $7.85 million suit alleged that school officials tried to hide mold problems at Southwestern. They allowed an untrained person to test for mold and cleaned classrooms before the tests, the complaint said.

A federal judge in February dismissed the suit's constitutional claims and sent the state law claims - which included fraud and negligence - back to Suffolk Circuit Court for consideration. A hearing is scheduled for Monday and a jury trial for June.

Debranski said Tuesday that he wasn't surprised by the city's response, but "I felt obliged to make them aware" of the lawsuits. The division will struggle more to meet its academic goals - such as reducing the dropout rate - if it's forced to cut into its current budget or account for potential damages in next year's spending plan.

Hattie Brown Garrow, 757-222-5562, hattie.brown@pilotonline.com