Arbitration hearing over former Grand Ledge schools superintendent's termination underway

GRAND LEDGE - An arbitration hearing over the Grand Ledge school district's former superintendent Brian Metcalf's termination began Monday, Tim Mullins, an attorney for the school district, confirmed Tuesday.

At issue in the case Metcalf filed in December 2020 is whether the Grand Ledge Public Schools Board of Education terminated his employment contract without just cause when he was fired in September 2020.

Former Grand Ledge schools Superintendent Brian Metcalf, right, with his attorney Eric Delaporte at a due process hearing in a Grand Ledge High School parking lot Monday, Sept. 21, 2020. The school district's Board of Education unanimously voted to terminate his employment during the hearing.
Former Grand Ledge schools Superintendent Brian Metcalf, right, with his attorney Eric Delaporte at a due process hearing in a Grand Ledge High School parking lot Monday, Sept. 21, 2020. The school district's Board of Education unanimously voted to terminate his employment during the hearing.

The school district could owe Metcalf nearly $1 million if arbitrator Robert P. Young Jr., a former Michigan Supreme Court justice, finds that they did.

Mullins said the closed hearing, being conducted via Zoom, could conclude by the end of the week.

Why was Metcalf fired?

Metcalf, superintendent for about nine years, was fired 3½ months after he made comments on Facebook about the death of George Floyd, a Black man who died at the hands of a Minneapolis police officer in May 2020.

Metcalf's comments placed blame on Floyd for his own killing, at least in part, and sparked a backlash within the Grand Ledge community.

The district's Board of Education listened to more than seven hours of public comment during a special meeting conducted via Zoom in June 2020 attended by about 600 participants.

School officials maintained Metcalf's comments "compromised the confidence" of community members, students and staff in his ability to lead the school district.

Metcalf's attorney, Eric Delaporte, has said Metcalf's contract was not terminated for just cause and that Metcalf's comments were made off duty and are protected by the First Amendment.

Metcalf's contract with the school district calls for arbitration "in the event of any dispute between the parties relating to discharge..."

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What could Metcalf be owed?

According to Metcalf's contract with the school district, if it is "terminated prematurely, the administrator shall be paid his entire total compensation for the remaining days/years of the contract; up to a maximum of 3½ years; unless the termination was for just cause..."

Metcalf's total annual compensation, including salary and benefits, was approximately $308,236 in 2019, school district records show. When he was fired, he was 21 months into a five-year agreement that would have ended on Dec. 31, 2023.

With more than three years left on his contract when he was fired, the remaining total compensation amounts to nearly $1 million. Metcalf could also seek punitive damages.

Young Jr., the appointed arbitrator, is tasked with reviewing documents submitted by both sides, hearing testimony and rendering a binding decision.

It could be months before Young Jr. releases his, Mullins said.

Contact Rachel Greco at rgreco@lsj.com. Follow her on Twitter @GrecoatLSJ .

This article originally appeared on Lansing State Journal: Arbitration hearing for former Grand Ledge schools official started Monday