As Fairview schools chief seeks early retirement, board president says move was surprising

FAIRVIEW — The relationship between the Fairview School Board and its superintendent is showing signs of fraying ahead of a critical board vote that will set the terms of the superintendent's departure from the post he has held for 14 years.

The dispute centers on public comments by the superintendent, Erik Kincade, who announced on Oct. 3 that he will retire as superintendent on Oct. 31. He said he had asked the School Board to waive a clause in his current five-year contract that requires him to give the school directors six months of notice that he is retiring.

Kincade's announcement came the day after the School Board met for two hours and 30 minutes in a private executive session on Oct. 2 to discuss what the board, in the legal advertisement for the meeting, said was a "personnel issue involving the superintendent."

As the School Board prepares to vote on Monday night on a possible separation agreement with Kincade, the board president is taking issue with what Kincade said in an interview with the Erie Times-News in an article that was posted online on GoErie.com on Oct. 3.

The president, Jim Lyons, told the Erie Times-News on Friday that Kincade never told him that he intended to retire at the end of the current academic year. In the interview with the Erie Times-News, Kincade said he previously planned to retire at the end of this school year and informed the board president of that decision this past summer. Kincade, who has a doctorate, said he plans to take a job outside the education field.

In his Oct. 3 statement to the school staff, Kincade, who turns 51 in December, said "it was always a dream of mine to retire from public education at age 50. With some opportunities ahead of me, I am able to make that dream a reality."

On Friday, Lyons was asked whether Kincade ever told him that he planned to retire at the end of the current school year.

"No," Lyons said.

"Dr. Kincade had always told me that he planned to fulfill his contract, which was through June 2025," Lyons said.

Board president says school directors discussed 'personnel issue'

Lyons said he is limited in his comments because the School Board had discussed Kincade's situation in an executive session on Oct. 2, and that those discussions are required to remain confidential. The Pennsylvania Sunshine Act allows school directors to meet in executive sessions to discuss certain matters, such as personnel issues and litigation strategy. The directors can only vote at public meetings.

Lyons was asked about Kincade's comment to the Erie Times-News that the board met in executive session to discuss the clause in his contract that requires him to give the board the six months of notice that he is retiring. Kincade told the Erie Times-News that he asked the board to waive the clause so that he could retire with just one month's notice without losing benefits earned. The benefits include accrued vacation time and six days, according to his contract.

Lyons said the nine-member board discussed a personnel issue involving Kincade — as the legal ad stated — and not just the notification clause over the course of the two hours and 30 minutes of conversation in the closed meeting. The school district's solicitor, George Joseph, attended the meeting, and he and Lyons declined to comment immediately afterward, citing confidentiality requirements related to personnel issues.

Lyons on Friday said the confidentiality requirements prevented him from commenting further. But Lyons expressed frustration about the comments Kincade made about his departure to the Erie Times-News — including his remark about telling Lyons about his retirement — and frustration that Kincade commented before Monday's vote on any separation agreement.

"The board was surprised by the article that was published on Oct. 3, as the board has not yet voted on this and this agreement is not officially accepted by the board of directors," Lyons said. "We need to vote on it in a public meeting."

Lyons said the board is scheduled to vote at its meeting at 6:30 p.m. Monday at Fairview High School, 7460 McCray Road. The board scheduled the meeting for its committees to convene work sessions, but the board can also hold a regular voting meeting on Monday.

The proposed separation agreement for Kincade is on the agenda for that regular meeting. The proposed deal is not attached to the agenda. That deal would become a public record if the board passes it. The agreement could include language about Kincade's request for a waiver of the six-month retirement notice.

Board president says directors will comment at meeting

Lyons said he appreciates that parents and others connected to the 1,888-student Fairview School District want to hear from the School Board on the situation with Kincade. He said the board first must vote on the separation agreement on Monday.

"At that time, if the vote carries, we plan to issue a statement to our community, our administrators and staff," Lyons said.

Kincade did not respond to requests for comment on Friday for this story.

Kincade's early retirement has ramifications for him, district

Kincade's departure from the $178,967-a-year superintendent's job creates a number of issues. He is leaving the school district he has led since 2009 — one of the most affluent school districts in the region — with no immediate succession plan in place, and he is leaving at the beginning of an academic year.

"I can assure the community that board, along with attorney George Joseph, have been working very hard on these issues this entire week," Lyons said on Friday. "We are already establishing a solid plan for the future of the Fairview School District moving forward if Dr. Kincade does indeed separate from the district."

In leaving early, Kincade is also bringing an early end to the five-year contract he signed with the school district in July 2019. That deal extended Kincade's contract from July 1, 2020, through June 30, 2025.

In addition, Kincade faces a financial hit on his pension by retiring from public education at age 50. If he draws on his pension immediately upon his retirement, he would be subject to costly penalties because he has not reached normal retirement age under the rules of the Pennsylvania Public School Employees' Retirement System.

The system defines normal retirement age — the age when a fully vested employee is entitled to full pension benefits — as at least 62 or at age 60 with 30 years of service. A fully vested employee with 35 years of service can also retire with full benefits regardless of age, according to PSERS.

Kincade could refrain from drawing from his pension until he reaches 62. But he would not have access to his PSERS pension during that period of time.

Kincade says 'other opportunities have emerged'

Kincade, a Fairview resident, has been at the Fairview School District since July 2006. He was the district's director of curriculum development, instruction and assessment for three years before the School Board appointed him to succeed Superintendent Larry Kessler, who retired in 2009 at 56. Kincade's first five-year term as superintendent started on Sept. 24, 2009.

Kincade started his career in education as an English teacher at Bradford Area High School. He was the middle and high school principal for the Oswayo Valley School District in Potter County before he took the curriculum job at the Fairview School District. Kincade earned a doctorate in organizational learning and leadership from Gannon University in 2013.

In the interview with the Erie Times-News on Oct. 3, Kincade said the COVID-19 pandemic "took a toll on me and I've been ready for a career change ever since." He said he also was looking to move now that the school district completed its $45.1 million renovation and expansion of Fairview High School and other projects. The renovations to the high school were done in August.

With those projects over, KIncade said on Oct. 3, "other opportunities have emerged that made me want to move up that date" for retirement.

"I know that there is always speculation when someone decides to retire early, but for me it's all about timing and opportunity," Kincade said on Oct. 3. "I have a chance to do something outside of K-12 education that I've always wanted to do, and I need to take that leap of faith."

Contact Ed Palattella at epalattella@timesnews.com. Follow him on X @ETNpalattella.

This article originally appeared on Erie Times-News: Tensions rise as Fairview schools superintendent prepares to leave