Montgomery County Sentinel

Former School Board Secretary Wins $3000 In 3-Year Dismissal Suit

A former administrative secretary to the Superintendent of Schools this week won a $3134.66 judgment from the Board of Education in a suit which dates back to her dismissal shortly after C. Taylor Whittier became school superintendent four years ago.

The former School Board employee, Mrs. Dorothy Wooten Watson, 22 Wall St., Rockville, who claimed her employment contract was breached by the board in abolishing her position in August, 1957, and in terminating her services the following December without prior notice.

Mrs. Dawson originally sued for $6000 in back pay and damages in October, 1958, declaring her contract was still in force and she was still legally an employee of the Board of Education, since she had neither resigned nor given the School Board any of the customary "just causes" for firing her. This amount was upped to $8000 in January, 1959.

On top of Wednesday's award, Mrs. Dawson still has another suit for $25,000 pending, to cover salary and damages since October, 1958.

Judge Shook's Decision

The $3000-plus judgment, handed down by Circuit Court Judge Kathryn J. Lawlor Shook on Wednesday, amounts to the salary Mrs. Dawson would have earned between the date of her dismissal in December, 1957, and the date she filed suit, less pay she received while on leave and plus six per cent interest charges over the 10 months.

Mrs. Dawson was under contract with the School Board for more than four years before her termination. In her suit, she declared she was released without a hearing, although she requested one, and without the 30 days' notice required under her contract. She had been an employee of the School Board since her high school graduation.

The School Board's defense, handled by attorneys Charles W. Prettyman and David L. Cahoon, first centered on the position that, as an agency of the State exerting governmental functions, it was not liable for suit.

Minutes of Board of Education meetings introduced into evidence failed to show on what recommendation the board approved Mrs. Dawson's termination - described in school records as due to her resignation.

Questioned by Mrs. Dawson's attorney, Jo V. Morgan, about the "resignation," School Board Clerk Mary G. Walter testified that there was none in Mrs. Dawson's personnel folder.

Whittier and Benson Testify

School Superintendent Whittier and School Board Comptroller Brian M. Benson were twice subpoenaed for appearances in the case, first in October, 1960, and again this past May. Both appearances were postponed with scheduled hearing dates.

Dr. Whittier appeared at the trial this week to answer questions about Mrs. Dawson's "resignation" and how her position was abolished. To the first, he testified that he did not remember asking Mrs. Dawson to resign, but that he understood the then Assistant Superintendent of Schools, James L. Prince, had told her "if he were in her position, he would resign."

Mrs. Dawson has said both men sought her resignation, which she steadfastly refused to turn in.

Dr. Whittier also testified the secretary's position was abolished when the School Board failed to include provision for her salary in the 1957-58 budget. Questioning by Mr. Morgan brought out, however, that rather than cutting the number of secretarial positions from two, the board approved provision for three secretarial salaries in the budget.

Dr. Whittier was appointed School Superintendent in July, 1957. It was one month later that Mrs. Dawson was notified that her position as administrative secretary to the Superintendent had been abolished and that a new position of administrative assistant to the superintendent — "to be filled by a man" — had been created.

Offered Another Job

Mrs. Dawson subsequently was offered a secretarial position at the Montgomery Junior College, which she did not accept. She remained on sick leave and annual leave until December, 1957, when she was notified by the then Assistant Superintendent of Schools, James L. Prince, both that she had used up all her leave and that the School Board had decided to withdraw its offer to find another position for her.

Mrs. Dawson has been working as a secretary for a Rockville attorney in recent months, but still considers herself on the payroll of the Board of Education, Morgan said.