specially concurring in
part and dissenting in part:
I respectfully specially concur in part and dissent in part. I agree Sartwell’s request for administrative review was timely and the change in employment was a change in family status. However, the fact Sartwell received a raise resulting in an increase in salary does not prevent Sartwell from overcoming the presumption of conversion. All conversions result in an increase in income. But not all of those increases can overcome the presumption. According to Sartwell’s affidavit, he had increased job duties as grade-school principal and no longer was aided by a principal and athletic director and had less staff support. He also had 200 additional students.
“4. In 2005, I renegotiated a new employment contract with the Board (hereinafter ‘2005 Contract’), which superceded the 2004 Contract. I renegotiated my employment contract in 2005 because (1) the District was deactivating the high school due to financial problems, (2) I was taking on the additional responsibilities of the Grade School Principal, and (3) I wanted to present the Board with a less costly health insurance option that I had access to through my wife’s new employer.
5. Before the high school was deactivated, I was responsible for supervising the operations of the high school, which had an enrollment of approximately 100 students. I was assisted in this duty by the high school Principal and the high school Athletic Director.
6. After the high school was deactivated, I became responsible for supervising the operation of the grade school, which had an enrollment of approximately 300 students, in addition to my duties as Superintendent. The High School Principal, Athletic Director, and Grade School Principal positions were cut as part of the high school deactivation. As a result, I had much less staff support in my administrative role over the grade school than I had at the high school.
9. It was the understanding between myself and the Board that the only purposes for my salary increase in my 2005 Contract were to compensate me for my new administrative role as Principal for the grade school and to reimburse me for the cost of my wife’s much cheaper health insurance premiums, since her employer could not deduct the amount from my paycheck directly.”
Further, Dennis Price, President of the Board of Education, testified in his affidavit, the increase in salary was for the additional duties and the Board did not contemplate retirement before the 2011-12 school year.
“7. It was the collective understanding of the Board that Sartwell’s salary was increased between the 2004 Contract and the 2005 Contract for the purpose of compensating him fairly for assuming the additional duties of Grade School Principal after the deactivation of the high school, and to reimburse Sartwell for the costs of the health insurance premiums he would be paying to obtain family health insurance coverage through his wife’s employer.
8. At the time Sartwell’s contract was negotiated in 2005, the Board did not contemplate that Sartwell would be retiring before the 2011-2012 school year.”
Sartwell has clearly rebutted the presumption of conversion as to $12,430.54.
For these reasons, I would reverse.