NORTH ANDOVER - Former Assistant Superintendent Richard Bergeron and the School Committee are headed for a legal showdown.
The committee filed a civil lawsuit against Bergeron late last year, alleging he tricked a clerical worker and wrongly received $4,484 in extra pay. The committee has demanded Bergeron repay the money with interest.
Bergeron's attorney has said that not only does his client not owe any money, but they stiffed him out of $19,000.
The attorney, Amy Leuchte, said in documents filed in Lawrence District Court earlier this month that former committee Chairman Alfred Perry agreed to pay Bergeron an extra $15,000 for serving as superintendent and assistant superintendent after former Superintendent Harry Harutunian resigned in March 2006.
"Dr. Bergeron dutifully assumed the responsibility of the superintendent for the remainder of the school year pursuant to the oral contract," the court documents say. "However, he was never paid the $15,000 as he had been promised by Perry."
The committee hired interim Superintendent Daniel O'Connor in July 2006 and Bergeron went back to being the assistant superintendent. Perry asked Bergeron in March to draft a written agreement to "memorialize" the oral agreement they made to pay Bergeron $15,000 the year before, court documents say.
The document was prepared, and Perry signed it and presented it to the committee that month. The committee voted 4-1 during an executive session to not give Bergeron the money, court documents say.
However, School Committee minutes from the executive session March 7 say the committee voted 4-0 against giving Bergeron the money. The minutes say Perry "was not present at the time of the vote," but he was there at the beginning of the meeting.
Bergeron asked O'Connor for $10,000 in "merit pay" in May 2007, a month before he left North Andover to become superintendent of the Contoocook Valley School District in New Hampshire.
"Under North Andover's merit policy, it is the superintendent's sole discretion to authorize merit pay," court documents say. "Contrary to this policy, the School Committee unilaterally reduced the merit pay from $10,000 to $6,000."
Bergeron claims the committee owes him $4,000 - the difference between $10,000 and $6,000. He also claims the committee owes him the $15,000 it denied him in March, and he is countersuing.
The committee filed a civil lawsuit against Bergeron late last year, alleging he tricked a clerical worker and wrongly received $4,484 in extra pay. The committee has demanded Bergeron repay the money with interest.
Bergeron's attorney has said that not only does his client not owe any money, but they stiffed him out of $19,000.
The attorney, Amy Leuchte, said in documents filed in Lawrence District Court earlier this month that former committee Chairman Alfred Perry agreed to pay Bergeron an extra $15,000 for serving as superintendent and assistant superintendent after former Superintendent Harry Harutunian resigned in March 2006.
"Dr. Bergeron dutifully assumed the responsibility of the superintendent for the remainder of the school year pursuant to the oral contract," the court documents say. "However, he was never paid the $15,000 as he had been promised by Perry."
The committee hired interim Superintendent Daniel O'Connor in July 2006 and Bergeron went back to being the assistant superintendent. Perry asked Bergeron in March to draft a written agreement to "memorialize" the oral agreement they made to pay Bergeron $15,000 the year before, court documents say.
The document was prepared, and Perry signed it and presented it to the committee that month. The committee voted 4-1 during an executive session to not give Bergeron the money, court documents say.
However, School Committee minutes from the executive session March 7 say the committee voted 4-0 against giving Bergeron the money. The minutes say Perry "was not present at the time of the vote," but he was there at the beginning of the meeting.
Bergeron asked O'Connor for $10,000 in "merit pay" in May 2007, a month before he left North Andover to become superintendent of the Contoocook Valley School District in New Hampshire.
"Under North Andover's merit policy, it is the superintendent's sole discretion to authorize merit pay," court documents say. "Contrary to this policy, the School Committee unilaterally reduced the merit pay from $10,000 to $6,000."
Bergeron claims the committee owes him $4,000 - the difference between $10,000 and $6,000. He also claims the committee owes him the $15,000 it denied him in March, and he is countersuing.
O'Connor's contract expired June 15, leaving the schools with no boss for the last two weeks of the academic year.
Former School Committee Chairman William Kelly, who is now the vice chairman, talked to Bergeron on June 18 and agreed Bergeron would be paid $3,200 per week for the last two weeks of June.
Bergeron agreed to once again serve as both the acting superintendent and the assistant superintendent. Before the raise, Bergeron was earning $2,242, court documents say.
Bergeron received a paycheck June 22 giving him the $6,400 for the last two weeks of the month - before the two weeks had passed - plus his old salary of $4,484 for two weeks. He was only supposed to be paid the $6,400, so he was overpaid by $4,484, the School Committee alleges.
The committee charges that Bergeron sent a clerical worker an e-mail June 25 saying, "I am getting $3,200 extra per week for two weeks while I am 'acting superintendent.'"
The committee claims Bergeron knew he was not supposed to receive the $3,200 per week on top of his old salary.
However, Bergeron's lawyer wrote that his client denies the trickery charge, and the alleged loss of money the committee is complaining of "was caused by its own negligence," and said it showed "gross and abusive conduct."
Court officials scheduled a conference in Lawrence District Court for Feb. 26 at 11 a.m. to determine the readiness for a trial and to discuss a possible resolution, court documents say.
