Lehighton Area School District is cutting ties with its superintendent of over nine years.

The board passed a motion Wednesday night to “terminate compensation and benefits for Superintendent Jonathan J. Cleaver effective Thursday,” citing improper terminology with how Cleaver’s contract has been continued over the years.

Lawyer gives basis for termination

Cleaver was hired under a three-year contract with Lehighton on June 18, 2012, running until June 30, 2015.

When a superintendent is hired, they must receive a minimum of three years and a maximum of five years on their contract, according to the Pennsylvania Department of Education.

Jeff Sultanik, attorney for Fox Rothschild, which represents the district, said it is his understanding of PDE policy and school code that the state allows for “contract extensions,” but requires a “contract renewal” after a maximum of five years have passed. That contract renewal would again be required to be three to five years in length.

Lehighton prepared a memorandum of understanding dated Dec. 24, 2014, to give Cleaver an “extension” through the 2017-18 school year. According to the resolution on Wednesday’s agenda, the district’s current legal firm, Fox Rothschild, deems that extension violated school code because the state does not allow you to “extend” an original contract term past five years. It, according to Sultanik, should have been termed a “contract renewal.”

“This was a completely illegal and unauthorized action of the LASD,” Fox Rothschild wrote in the resolution adopted Wednesday night.

On July 24, 2017, the district entered into another Memorandum of Understanding that extended Cleaver’s contract through the 2020-21 school year.

“This was yet another extension of the contract that was six years in duration and it attempted to convert the illegal six-year contract to an illegal nine-year contract, which is neither sanctioned under the school code or Pennsylvania law,” the resolution adopted Wednesday night stated.

On June 28, 2021, the district again extended Cleaver’s contract through the 2023-24 school year.

“The superintendent and the then duly constituted boards of the LASD entered into a series of illegal contracts and also misrepresented to the Pennsylvania Department of Education the status of Cleaver’s extensions to the contract and his contractual status in order to make it seem as the board was renewing the superintendent’s contract,” the resolution states.

The resolution passed Wednesday authorizes Fox Rothschild to “take any and all actions to protect the Lehighton Area School District as the result of having void employment contracts and appointments for Cleaver.”

Cleaver reacts, thanks district

Cleaver, in a statement after the meeting, said he appreciates the district learning community’s support over the last decade.

“The achievements we have made together are something that everyone should be proud of,” he added. “The efforts and resilience this administration, staff, parents and students have shown throughout this pandemic are unmatched. Over the past years, I have had the opportunity to work with many fantastic individuals and have developed numerous significant friendships that will continue to be cherished.”

According to Cleaver, he will continue to serve the district until ordered to stop.

“My message to the Lehighton educational community is to remain focused on doing what you do best, which is educating the wonderful students of this district, no matter what the circumstances are,” he said. “Thank you all for the support and the ‘Tribe Pride’ that will forever have a special place in my heart.”

Support for Cleaver

The motion passed 7-1 with Director Nathan Foeller casting the only opposing vote.

“I think it’s a shame to treat someone who has worked so hard for this district in this manner,” Foeller said. “It stinks of something that was arranged long before this law firm was even working for us. I believe it sets a poor precedent to the community and staff members as to how they might be treated by this new board.”

Director Barb Bowes, however, said the decision “does not affect the employees.”

Before the vote, Lehighton resident James Zelrick said that while by strict definition, the contract could be terminated, it was not the moral or correct thing to do.

“The fact that we are going to, at this time of year, terminate someone’s livelihood is not right,” Zelrick said. “It reeks of vendetta and revenge. Mr. Cleaver did not write the terms of his extension. That is not his responsibility. It’s not a great way for this board to start off by tearing apart district leadership in the middle of a school year.”

Autumn Abelovsky, a district parent and Lehighton Borough Councilwoman, also came to Cleaver’s defense.

“This was another board meeting where I didn’t hear the word children, students or education one time,” Abelovsky said. “This entire meeting was a personal agenda against one person. It is disheartening as a parent to realize that this is what is happening to our district.”

What is next?

Board President Joy Beers said the district does have a plan in place now that Cleaver’s contract has been terminated. It will be discussed, she said, at a Dec. 20 board meeting.

“This is no different than if the superintendent went out on leave or was away for some other reason,” Sultanik explained when asked about a succession plan. “If there are specific approvals needed, the board will act accordingly in having someone make those decisions. A more permanent resolution will be discussed on Dec. 20.”

Several of Lehighton’s administrators, however, said they had no knowledge of who will be taking over the reins as of Thursday.

“I’m only serving as the high school principal,” said Sue Howland, who was set to become assistant superintendent at the beginning of 2022 while simultaneously finishing out the year as high school principal. “I haven’t been sworn in yet as assistant superintendent. Upon speaking with my attorney, I won’t be signing anything for PDE on behalf of the district.”

Business Administrator Ed Rarick also went on the record opposing the decision to terminate Cleaver’s contract.

“I have no vote, but I don’t think this is a benefit to the district,” Rarick said. “It is definitely going to cost the taxpayers money.”

Alluding to a potential lawsuit filed by Cleaver, district resident Brian Shaner, who was appointed to a two-year term on the board following the vote, questioned how many hours Fox Rothschild has spent investigating Cleaver’s contract and an estimate on how much money the district could spend in litigation?

“We can’t estimate something like that because we don’t know what Mr. Cleaver is going to do,” Sultanik said. “We also don’t have itemized bills yet to be able to break out how much time was spent on this issue. When the bills are submitted to the district, they will be public record.”