A complaint brought against the Manhattan Beach Unified School District related to the firing of Mira Costa High School French teacher Tim Hirsh was settled on Nov. 18.
The district made no admission of wrongdoing but agreed to pay $20,000 to Hirsh, who was fired in March.
The Manhattan Beach Unified Teachers Association brought the case to the Public Employment Relations Board, the state agency that oversees the bargaining agreements of state employees, which opened a complaint.
The teachers union alleged that Mira Costa Principal Ben Dale approached the union’s vice president, Bill Fauver, in early February, saying Hirsh could keep his job if Fauver publicly supported a new bell schedule. The complaint also claimed that Dale fired Hirsh because the teacher had the union represent him at a hearing challenging a warning that the principal issued Hirsh.
After an informal hearing, the two parties settled the case.
In an email, the district’s executive director of human resources, Carolyn Seaton, wrote, “In light of the fact that both parties agreed on confidentiality, we have no comment beyond satisfaction that the claim has been resolved.”
Manhattan Beach Unified Teachers Association president Shawn Chen, who was involved with the negotiations and provided a copy of the complaint and settlement to Easy Reader, said the agreement was a public record.
As a new teacher who started in January 2013, Hirsh was on the standard two-year probationary period during which the school’s administration must recommend “reelecting” the teacher for another school year. The school board must approve the recommendation for the teacher to be re-hired.
Despite a large public outcry from students, parents and some teachers, Dale and Vice Principal Ian Drummond didn’t suggest Hirsh for reelection at the end of February, and the board followed their suggestion in March.
According to the teachers association, Dale approached Fauver with his proposal in early February.
Chen said she had obtained emails through a public records request that showed that Dale was considering letting Hirsh go as early as September.
On Dec. 1, Dale issued Hirsh a warning. After the Yik Yak threat episode that closed the school, Hirsh chose not to attend for two days and left plans for a substitute. Dale found the plans lacking. Hirsh had the union represent him at a meeting in December at which he challenged the basis for Dale’s warning.
The union claims that the principal’s actions violated state code that makes it “unlawful for a public school employer to do any of the following: Impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this chapter.” The union also claims that the action denied the union its rights.
Hirsh, who wasn’t involved with the settlement negotiations, is now teaching high school French and world history at Notre Dame Academy, a private all-girls school in West Los Angeles, where he said he is happy. He noted that he makes significantly less income, however.
“As much as I love it, I do make substantially less there,” he said.
Hirsh said he had a hard time finding another job and suspected it was because of his nonreelection.
“I believe it played a large, if not deal-breaking, role,” he said.
No public schools to which he applied offered him a position, he said.
According to the settlement, the $20,000 was “intended as mitigation of any damages Mr. Hirsh may be entitled to as a result of his ‘non-reelection’ by the Manhattan Beach Unified School District.’’
The teachers association and the district will send a joint letter to all of the district’s administrators outlining the rules of the Educational Employment Relations Act.
“The main thing we’re concerned about is the continued abuse of labor law,” said Chen. “The administration is not following the law, and the board is not holding them accountable in any way that I can see.”
Hirsh said he “wasn’t entirely sure” how he felt about the settlement.
“With me, it’s all about doing things in the best interests of the students, parents and teachers,” he said. “Will the settlement outcome get them to do things in the best interests of the students, parents and teachers? I don’t know.” ER
