HomeMy WebLinkAboutRes 09-15 WA Terminating the Employment of Mark Rosevear WESTLAKE ACADEMY
RFSOLUTION NO. -
RESOLUTION OF WESTLAKE ACADEMY, A CHARTER SCHOOL OF THE STATE
OF TEXAS, `CONSIDERING THE EMPLOYMENT OF HEAD OF SCHOOL MARK
ROSEVEAR AT A HEARING SET FOR THE PURPOSE OF ALLOWING MARK
ROSEVEAR TO BE HEARD AND TERMINATING THE EMPLOYMENT OF MARK
ROSEVEAR; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Mark Rosevear entered into a two year contract dated April 14, 2008 as
Head of School with Westlake Academy, an open enrollment Charter School in the State of Texas
(the"Contract"); and
WHEREAS, the Contract provided that the Head of School shall perform the duties in
accordance with performance indicators and that said performance should meet expectations and
present no significant problems; and
WHEREAS, the Contract further provided that any determination by the Westlake
Academy that Head of School's performance does not meet the terms and conditions of the
Contract shall be supported by evidence and that no action will be taken against Read of School
as a result of his performance not meeting expectations or because his performance represents a
significant problem unless the Westlake Academy first notified Head of School of its complaint
and Head of School was given a reasonable opportunity to amend said deficiency; and
WHEREAS, Head of School was notified of deficiencies in a memo dated May 22,
2009.- and
WHEREAS,Head of School responded to the memo in writing; and
WHEREAS, the deficiencies in performance of the Head of School continued to exist;
and
WHEREAS,the Head of School has demonstrated an inability to do certain essential job
functions, includin-, but not limited to, an inability maintain successful working relationships
I
with the Board of Trustees of the Westlake Academy(the"Board"), and other administrators; and
WHEREAS, the Board no longer has confidence that the Head of School is able to
perform the job as required;and
WHEREAS, Westlake Academy informed Mark Rosevear that he would have an
opportunity to be heard on the subject of his employment before the Board of Westlake Academy
on August 10, 2009 at 1:30 p.rn,: and
WHEREAS, the Board of Trustees net on August 10, 2009, and considered the
employment of Mark Rosevear as Head of School of Westlake Academy, at which hearing Mark
Rosevear could have offered any testimony or any other evidence he wished to have the Board
consider-, and
WHEREAS, Mark Rosevear did attend the hearing and was provided the opportunity to
present testimony and evidence on his behalf.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTYES OF
WESTLAKE ACADEMY,A CHARTER SCHOOL IN THE STATE OF TEXAS:
Section 1: That all of the above findings are hereby found to be true an(j correct and
are incorporated into the body of this Resolution in their entirety and constitute "good cause" as
reflected in the Contract.
Section 2: After hearing and considering the testimony and evidence presented by
Mark Rosevear, the Board finds that the Contract is hereby terminated for good cause under the
terms of the Contract for uncorrected deficiencies in performance.
Section 3: That Mark Rosevear's employment as Head of School of Westlake
Academy is hereby terminated immediately,
Section 4: That the terms and provisions of this Resolution shall be deemed to be
severable and that if the validity of any section, subsection, sentence, clause or phrase of this
Resolution shall be declared invalid or unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of any other section, subsection, sentence, clause or phrase of this Resolution.
Section 5: That this Resolution shall take effective immediately upon passage and
signing.
PASSED AND APPROVED BY THE BOARD OF TRUSTEES OF WESTLAKE
ACADEMY, A CHARTER SCHOOL OF THE STATE OF TEXAS, on the 10 day of
August 2009.
APPROVED:
Westlake Academy, Texas
By: e3 f
Laurfa Wheat, President
ATTEST:/ APPROVW A `E"bRM:
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trii 1-7f Ao��
Sutter, Board Secretary L. Stanton 664D�,,JWand Attorney
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