Friction erupts in CMS over Heath Morrison

Former Charlotte-Mecklenburg Schools Superintendent Heath Morrison said Wednesday that he presented concerns about a plan to give raises to members of the district’s legal department, two weeks before general counsel George Battle III launched an investigation into allegations of misconduct against Morrison.

That plan has now sparked friction among board members and Battle about whether disagreement over the plan played a role in Morrison’s departure. Battle sent an email to the board Wednesday evening denying that conflict over the raises played a role in the investigation.

Battle’s memo also accused an unnamed board member of disseminating a “lie” that the investigation into Morrison was spurred by a personal “vendetta” stemming from disagreement over the legal department reorganization.

“I will not be intimidated or bullied by you or any other person for doing my job,” Battle wrote. “I will not allow anyone to ruin my reputation or drag my name through the mud simply because I did the job I have been hired to do.”

Battle brought forward the legal department reorganization plan in a late September meeting that was closed to the public. It included giving attorneys for the school district raises ranging from $8,500 to $16,000 while expanding their duties. Battle, who makes $173,000, did not receive a raise under the plan.

Morrison told the Observer on Wednesday that he expressed concerns about the plan to school board Chairwoman Mary McCray and school board member Eric Davis before it was presented. Morrison ended up backing the plan in the Sept. 23 closed session, according to meeting minutes.

Battle launched an investigation that led to Morrison’s resignation in early October. A report he compiled based on interviews with CMS administrators and staff detailed allegations that Morrison misled the board on the costs of a building project at UNC Charlotte, and that he frequently bullied and belittled staff.

Morrison said Nov. 3 that he would resign to take care of his ailing mother. Later that week, the Observer reported the contents of the report.

The school board voted 6-3 on Nov. 6 to accept Morrison’s resignation.

Budget implications

The legal department reorganization didn’t have an impact on its budget because it included using money from the salary of an attorney who left CMS. Battle told the board it would save money because the attorneys would have expanded responsibilities under the plan, reducing the need to hire outside lawyers.

But the plan drew criticism from one board member and Morrison.

Davis said that Morrison had earlier expressed concerns to him about whether the plan was appropriate.

Morrison told the Observer on Wednesday that he told Davis and McCray that he had concerns about the impact the plan would have on the morale of other departments, who would not be getting similar raises.

Davis also opposed the plan in the closed session, the minutes show.

“We have 9,000 teachers out there who are having to do more and more and more and we haven’t increased their pay,” Davis said Wednesday. “How can we give double-digit pay increases to our legal team? That’s not good policy.”

McCray did not return calls.

In percentage terms, the legal department raises boosted pay from about 8 percent to 15 percent. The board was not required to vote on or approve the plan.

By comparison, teachers received an average 7 percent raise under a plan the state legislature approved last summer. But that ranged from 18 percent for younger teachers to as little as 0.3 percent for veteran teachers.

School district employees who aren’t teachers received $500 raises this year.

Battle defended the reorganization in a Wednesday interview.

“These people are not just being given these dollars. It’s made clear that they’re going to have to take on a lot more responsibility,” Battle said. He said that the district frequently increases salaries based on what counterparts make in the public and private sector to be competitive.

“It’s hypocritical for anybody on the board to talk about that because salary adjustments are made all the time.”

Comparable salaries

Under the plan, CMS Deputy General Counsel André Mayes had her salary bumped from $133,890 to $150,000, according to a presentation made to the school board. That’s a 12 percent raise.

By comparison, Mecklenburg County Deputy General Counsel Tyrone Wade earns a salary of $163,459.48.

Mayes’ duties were expanded to include litigating education-related matters in addition to her current management and work responsibilities, such as handling public records requests.

Four other attorneys were listed in the presentation as receiving raises. Their work responsibilities also expanded.

Battle initially tried to fill the attorney’s position but couldn’t find the right fit, he said. The CMS legal department spent $410,144 on outside counsel in the 2013-14 year, according to the presentation, at an average hourly rate of $214. Bringing the duties in-house would cost the district an average hourly rate of $53.60.

School board member Rhonda Lennon said the board was fine with the reorganization.

“We’ve got some attorneys who were doing an incredible amount of work,” she said. “It was in line with what people’s duties were going to be. There was some discussion on if we’re asking our employees to do too much.”

This story was originally published November 12, 2014 at 8:40 PM with the headline "Friction erupts in CMS over Heath Morrison."