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Show Elwell Case Makes Legal Advancement A motion for a summary judgement to have charges by former Marsac Elementary principal, prin-cipal, John Elwell, against Park City School Board dismissed was denied Monday in third district court in Coalville. The case will now go to trial. No date for the trail was set. Oscar McConkie, legal counsel for the school board, made the motion that the case be dismissed during the lengthy argument before Judge Stewart Hansen, Jr., explaining that there was no lack of due process during and up to the time John Elwell was fired by the board June 3. Mr. Elwell's attorney, Kathryn Collard countered coun-tered in her argument before the judge that her client did not receive clear and precise reasons for his dismissal and that Park " City did not have a local policy regarding the termination of a principal's contract. Even though Mr. McConkie said the State orderly termination procedures were adopted by Park City School Board, Ms. Collard told Judge Hansen that the former principal never received a copy of the procedures at the time he was first told his contract would not be renewed in a letter from Superintendent Richard Goodworth on January 31, 1976. John Elwell was first notified that his job was in serious jeopardy in this January 31 letter from Superintendent Goodworth. Elwell was fired on Dr. Good-worth's Good-worth's recommendation to the board by a 4-1 vote of the members. Six reasons were given by the Superintendent which amounted to insubordination by John Elwell. A formal hearing was requested request-ed by Elwell which took place that night before the school board and Daryl Long, an official with the state board of education. Oscar McConkie said in court in Coalville this week that Mr. Elwell was rightfully and legally fired and that due process of law existed during the termination stages. Elwell had adequate notice and ample time to defend the charges against him, Mr. McConkie explained, adding the former principal requested and received informal and formal meetings with the school board to review the case. Elwell also had a chance to remedy his situation during three meetings with Superintendent Goodworth, McConkie Mc-Conkie added, but that Elwell had cut-off the remediation process by refusing to futher meet and discuss the matter with the Superintendent. One of Mr. McConkie's primary pri-mary points in his argument was that the court should not substitute its judgement for that of the local school board. Following a ten minute recess, Kathryn Collard in her argument said it is the responsibility of any local school district to. establish their own procedures for terminating termin-ating an educator and not to simply adopt the state's regulations. regula-tions. And then Ms. Collard told Judge Hansen what she thought was one of the main reasons her client was not rightfully fired: "The basic problem," she said, "is that the charges against Mr. Elwell were unconstitutional, vague, and indefinate." Collard added the charges did not refer to specific incidents, making it difficult, if not impossible, for Mr. Elwell to defend himself. Collard also said that Mr. Elwell was, in effect, fired prior to the formal hearing before the board May 31, because the letter from Superintendent Goodworth stated Elwell's contract would not be renewed. But Oscar McConkie pointed out the letter also asked Elwell to see Dr. Goodworth as soon as possible to work out the personal problems. After Judge Hansen decided a trail was necessary to examine the case, Kathryn Collard told the Record she plans to take depositions of all five school board members as well as Superintendent Goodworth tomorrow tom-orrow and next week. Collard added she hopes to take the case to trial by the end of April. The trial will be held in Coalville. |
