Attorney says school board must approve settlement
An attorney for Brownsville Area School District said in a court filing Tuesday that without the school board’s approval, a settlement offer made to a former teacher is moot. Frank Bobeck sued the district and several officials in 2006, claiming he was forced to resign his teaching job after he complained about conditions, including a lack of supplies.
The federal lawsuit was dismissed, but Bobeck appealed.
The case is in the 3rd Circuit Court of Appeals, and during that time, his attorney and an attorney for the district went through a mediation process to see if the matter could be settled without further litigation.
Earlier this month, Bobeck’s attorney filed court papers that indicated both sides agreed to settle the case for $5,000 and the stipulation that Bobeck would not seek employment from the school district in the future.
During a March meeting, however, the school board unanimously rejected the settlement offer.
That prompted Bobeck’s attorney to file a motion asking a judge to enforce the settlement.
However, the school district’s attorney, R. Russell Lucas Jr., said a judge can’t force the board to accept it.
The $5,000 offer “+ was explicitly premised on any finalized settlement receiving the approval of the Brownsville Area School District Board of School Directors,” Lucas wrote.
He further indicated in the filing that Pennsylvania law holds that a district is not bound by settlement negotiations unless the board approves it.