PB school board to begin mediation in Payne lawsuit


The Pine Bluff School District Board of Directors will hold a special called board meeting at 10 a.m. Wednesday in the PBSD Administrative Center Boardroom to begin mediation of a lawsuit filed against the district by former superintendent Jerry Payne.

tArkansas Eleventh West Judicial Circuit Judge Robert H. Wyatt Jr. approved a request by PBSD attorney Luther Sutter at a May 3 hearing on the matter to allow the parties to enter mediation to try to work out their differences.

“It is my understanding that the superintendent will ask the [school] board for approval to mediate this matter,” Sutter said at the time.

Wyatt also approved a request by Sutter to seal the mediation so that only the participants will be privy to what is said.

Sutter said that a sealed mediation was necessary for the most expeditious resolution to the matter.

“Sealing the mediation allows the parties to talk about personnel information without stigmatizing Mr. Payne,” Sutter said at the time.

At the same hearing Wyatt rejected a request by the PBSD to dismiss Payne’s lawsuit against the district.

“The motion to dismiss is not well-taken and should be denied,” Wyatt said at the conclusion of appearances before the court by Sutter and Payne attorney Keith Billingsley.

The Pine Bluff School Board terminated Payne without cause on Feb. 29, 2012, via a letter from Herman Horace, who was then the board president. The termination — effective June 30, 2012 — came the day after a special called meeting in which the board met in executive session and then reconvened to announce that no action was taken with regard to any employment contracts.

At the board’s May 15, 2012, meeting, Sutter was asked to prepare a letter to Payne outlining the board’s reasons he should be terminated for cause, which was delivered to him May 18.

A public hearing was held in the school district board room May 29, 2012, in which the board voted unanimously to fire Payne for cause effective immediately.

Payne filed his lawsuit on Oct. 15, 2012. He is seeking a jury trial.