ROCKINGHAM COUNTY, N.C. — Dr. Rodney Shotwell of Rockingham County Schools could keep his job as superintendent. The Board voted to fire him back in December 2020. Dr. Shotwell took that decision to court on Wednesday, just two days before his scheduled final day on the job.
Shotwell filed a complaint and a temporary restraining order. The presiding Superior Court judge ruled in favor of the restraining order, stating the Rockingham County Schools Board of Education cannot officially end Shotwell's contract until the Court makes further orders. The judge also stated Shotwell is "likely to succeed on the merits of his claims".
A hearing is scheduled in Rockingham County Superior Court on Friday, March 19.
Shotwell's termination was scheduled to take effect March 14. His final day on the job would've been March 12.
Parents, students and educators held a parade for Shotwell on March 12 anticipating it could be his last day with the district. Shotwell took part in the parade, sitting inside a black limousine.
At one point he stuck his head out, smiling and waving to the families who showed up. People held up signs thanking him for his work. Others drove by in cars as Shotwell waved from the sidewalk, welcoming the support.
WFMY News 2 acquired the court documents. In his complaint, Shotwell claims the Board has not told him why they decided to terminate his contract. He says no one told him ahead of time and they did not offer him the opportunity to resign voluntarily.
Shotwell claims the Board says his contract "allows the Superintendent to be terminated without cause." The contract was submitted to the Court along with the Complaint. The contract states the Board can "unilaterally terminate the Superintendent providing it gives no less than 90 days notice of its intent to terminate".
Shotwell claims the Board's interpretation of the word "unilaterally" means "without cause". Here's the dictionary definition of the word: "done or undertaken by one person or party," or, "having only one side".
North Carolina state law says local boards of education can only remove a superintendent who "is guilty of immoral or disreputable conduct or who shall fail or refuse to perform the duties required of him by law."
WFMY News 2 reached out to all of the Rockingham County School Board members. Only the Board's Vice Chair would provide further comment.
Vicky Alston wrote, "The matter is for the judge to decide. No comment. It is in litigation."
Alston was one of the Board members who voted to remove Dr. Shotwell back in December. She was sworn in to her position on the Board on the same night she cast her deciding vote.
Shotwell says he did not receive any communication from Board members that they planned to fire him or that his performance may have been slipping. Shotwell's contract requires the Board to give him an annual performance review no later than August 31 of that year.
Shotwell has worked for Rockingham County Schools since 2006. He won North Carolina state superintendent of the year in 2015. According to Shotwell's written affidavit, graduation rates have risen during his tenure. Among African American students, the graduation rate has gone up from 62.6% to 90%; 47.9% to 91.5% for Hispanic students.
The superintendent's contract says, "Any perceived failures...shall be called to his attention by the Board Chairman in writing....The Superintendent shall be provided the opportunity to take corrective action as to such failures."
Shotwell says any such communication did not happen.
He goes on to claim that the Board did not hold any public discussion or closed session o discuss whether there was cause to fire him prior to December's vote.
According to North Carolina state law, "it shall then be the duty of the Board of Education to hear the evidence in the case and if after careful investigation it shall find the charges true, it shall declare the office vacant."
The Board hasn't said if they conducted an investigation prior to their December 14 vote.
Shotwell claims the RCS Board also refused to release information to him about his firing. He says he asked for a copy of the closed session recording from the night he was terminated. He says the Board's attorney refused to release it.
He also claims the Board failed to give him written notice of his termination before the December vote, and that they refused to hand over his personnel file after the decision. According to Shotwell's contract, he is entitled to these documents.
Shotwell's contract reveals he was earning just over $160,000 annually plus benefits. If his termination holds, RCS will have to pay the remainder of his contract which is scheduled to end in June 2022. Additionally, RCS will have to pay the salary of its interim superintendent and fees to hire a firm that will find a permanent replacement. All of this money comes out of taxpayer dollars.
Shotwell raised concerns over these costs in his written affidavit. In his written statements, he makes several claims about the Rockingham County School Board and what he believes they intend to do if the judge rules to uphold his termination. He says he's concerned certain programs may lose funding or be canceled altogether.
Shotwell also writes about how rumors have spread around Rockingham County about the circumstances surrounding his termination. He claims none of them are true. He writes about how the decision has made finding a new job very difficult. He details one instance where the prospective employer declined to offer him an interview.
You can read the full complaint, motion for temporary restraining order and Shotwell's written testimony in the court documents below.
Shortly after the Board's decision to fire Shotwell, parents and community leaders responded with criticism. Parents took to the streets, demonstrating outside Board meetings. On Friday, they held a parade in his honor. Others signed up for public comment during Board meetings. At times, there were so many comments, the Board had to extend the public comment period into the following day.
The local NAACP chapter also came to Shotwell's side in December. They held a news conference showing their support for the superintendent saying, "we have your back".
In the months since Dr. Shotwell's firing, the Board has declined to offer their reasoning behind the decision. They say internal personnel decisions are not a matter of public distribution.
In February, the Board hired an interim superintendent to replace Shotwell for a few months while they searched for a permanent replacement. Terry Worrell started her term with RCS on March 1. She's scheduled to work until June 30.
This is a developing story. More details of the case and final rulings will be posted when Rockingham County Superior Court makes a final decision.