Denver Public Schools board president says superintendent did not intend to trigger contract clause; special meeting set

Earlier this week, CBS Colorado reported on community concerns after a letter was sent by Superintendent Alex Marrero to the school board on June 8. He alleged violations of his contract which might permit him to resign and receive a year's salary and benefits under a provision in his employment agreement.

On Tuesday, Board President Xóchitl Gaytán announced a virtual special meeting has now been scheduled for July 27. She said that meeting "is sufficient to address any questions board colleagues may have regarding the superintendent's June 8 memo."

Tuesday several board members detailed efforts to call a special board meeting. Their worry was that the board had not responded to the letter, and nearly 30 days had passed, the time period outlined in the superintendents contract to address disagreements in "good faith."

In a statement to CBS Colorado, Gaytán said she is unaware of four board members properly requesting an emergency meeting as required under Colorado law and board policy. She also challenged the idea that July 8 represented a contractual deadline.

"I want to be clear, based on the information presently available to me, there's no contractual deadline requiring emergency board action before that date," Gaytán wrote.

Gaytán said Marrero personally told her his June 8 letter "was not intended to invoke" this section of his contract. She said he also communicated that to other board members and the district's general counsel.
"For that reason, I respectfully decline to exercise my authority as Board President to unilaterally call an emergency special meeting," Gaytán wrote.

Board Vice President Monica Hunter said she and other board members wanted to publicly discuss Marrero's concerns sooner.

"I think we wanted to address the concerns that were listed in the letter," Hunter said. "I absolutely want to address any concerns or just clarify anything."

Hunter said several board members were concerned because of language in Marrero's contract and wanted to respond in a timely manner.

Hunter said she had not personally heard from Marrero that he did not intend to invoke the contract provision.

She maintains that board members attempted to schedule a special meeting before receiving word Tuesday that one would be held later this month.

Last week, CBS Colorado asked Marrero whether he intended to invoke the contract provision allowing him to leave with a year's salary and benefits if certain conditions were met.

Marrero declined an interview and instead issued a written statement.

"I have clearly articulated my concerns. The Board has not informed me that it has materially altered the Governance Policy framework, nor has it responded substantively to the concerns I raised," Marrero said. "Before discussing hypothetical remedies, it would be appropriate to first ask whether the Board believes its actions are consistent with the governance model it adopted and the contractual commitments it made. I have honored my commitments and will continue to do so."

The statement did not directly answer whether he intended to invoke that section of his contract.

Marrero's June 8 letter accused some board members of micromanagement, disregarding the district's governance model and violating terms of his contract. The letter came one day before he informed the board he had applied to become superintendent of Miami-Dade County Public Schools.

The DPS Board of Education's special meeting is scheduled for July 27.