Severance Pay to Dr. Roy Brooks is not an Illegal Exaction
The Arkansas Supreme Court affirmed summary judgment in Gray v. Mitchell, No. 07-858 (5/29/08). This case involves the much-publicized termination of Dr. Roy Brooks, former superintendent of the Little Rock School District. As part of the termination, the school board payed Dr. Brooks $650,000 in severance pay. This lawsuit argued that payment to a school employee to "not work" violates the Arkansas Constitution, Article 14 § 3(b). The trial court granted summary judgment to the defendants.
The supreme court pointed out the flaw in the lawsuit's reasoning--paying severance to Dr. Brooks permitted the school board to replace him with what they would consider a better superintendent. This is immediately and directly connected with the maintenance of the school system, which satisfies the constitutional mandate.