COUNTY

SCHOOL SYSTEM

June 24, 2011 James H. DeGraffenreidt, Jr. President Maryland State Board of Education 200 West Baltimore Street Baltimore, Maryland 21201 Re: Removal of Board Member

Board of Education of Howard County

Janet Siddiqui, l\tD.
Cl1I1inllilli

Sandra H. French Vice ClmirJJ1/l11

Frank J. Aquino, Esq.

Dear Mr. DeGraffenreidt: On behalf of the Board ofEducation of Howard County, and pursuant to 3701 (g) of the Education Article and the enclosed Board of Education resolution, I ask that the Maryland State Board of Education remove Allen R. Dyer, Esquire, as a member of the Board of Education of Howard County. This action has not been taken lightly; however, neither persuasion nor directives. from individual Board members and three different Board Chainnen have altered Mr. Dyer's conduct and the Board of Education, reluctantly, sees no alternative. In Resetar v. State Board of Education, 284 Md. 537, 560-561, 399 A.2d 225, 237 (1979), the Maryland Court of Appeals has interpreted the term "misconduct" in the Education Article by citing with approval the following definitions: The word is sufficiently comprehensive to include misfeasance as well as malfeasance, and as applied to professional people it includes unprofessional acts even though such acts are not inherently wrongful. 58 C,J.S. Misconduct (1948). A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, willful in character, improper or wrong behavior; its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not negligence or carelessness. Black's Law Dictionary (4th ed. 1968). As the resolution adopted by the Board of Education states, Mr. Dyer has engaged in a pattern of behavior that the Board believes constitutes misconduct in office. That pattern of behavior includes repeatedly breaching confidentiality provisions, repeatedly acting unilaterally on matters affecting operations of the Board of Education and undermining the functioning ofthe Board, spurning less divisive and costly methods of resolving disputes in favor of litigation, using his

Allen

Dyel~

Esq.

Ellen Flynn Giles

Brian J. l\'Jesllkin

Cynthia L. Vaillancourt
Alexis N. Adams

Studellt Member
Sydney L. Cousin
S/lperi1l1cl/licllf SccrcfllryfTrcasl/ fer

10910 Route 108 Ellicott City. Maryland 21042 410-313-7194 FAX Number 410-313-6833 boe@hcpss.org

Mr. James H. DeGraffenreidt, Jr.

Page Two

position to further his personal litigation against the Board of Education, and using his position to threaten, bully, or embarrass other Board members and school staff. Examples include, but are not limited to, releasing to a third party information provided to him in a student appeal matter, despite the confidentiality requirements of the Family Educational Rights and Privacy Act (FERPA); releasing a memorandum containing advice ofthe Board's General Counsel, despite the refusal of the Board of Education to waive attorney-client privilege; releasing confidential information in contravention of specific Board action prohibiting disclosure and provisions of Board Policy; surreptitiously taping both private and public discussions at a Board retreat intended to build trust, improve communications, and reset fractured relationships and then posting it on the internet; using altered Board of Education stationery to order staff to take actions in contravention of decisions made by the Board of Education; using that same altered Board ofEducation stationery to communicate with the County Council in opposition to the position taken by the Board of Education, attempting to undermine the Board's position before the Council; seeking disclosure of sealed, confidential minutes of closed meetings between the Board of Education and its counsel on a case, heard and decided by the courts prior to Mr. Dyer's election to the Board, when Mr. Dyer represented a former employee in a lawsuit against the Board of Education; threatening to bring charges against employees or to have employees terminated or to publically embarrass them for taking positions in opposition to his views or because he believed the individual failed to respond promptly enough or in concert with his views. I regret that this action was necessary, but Mr. Dyer's pattern of conduct has drawn the negative attention of our local funding authority and has adversely affected the morale and the functioning of the Board of Education and the school system. Very truly yours,

d' d.J;-,-,-H'D ~
cc: Board Members Dr. Sydney Cousin Judith S. Bresler, Esq. Dr. Nancy Grasmick

Siddiqui Chairman Board of Education of Howard County

Howard County Board of Education Resolution Regarding Allen Dyer

WHEREAS, Board Member Allen Dyer has repeatedly breached confidentiality provisions that he is obligated, either legally or ethically, to preserve as a member of the Board of Education, and WHEREAS, Board Member Allen Dyer has repeatedly acted unilaterally on matters affecting the operation of the Board and/or the school system, without the Board's consent or authorization and, often, in direct contravention of decisions made by the Board of Education of which he is a sworn member, and WHEREAS, Board Member Allen Dyer has acted in ways that undermine the functioning of the Board of Education, and WHEREAS, Board Member Allen Dyer has intentionally spurned less divisive, less contentious and less costly methods of resolving disputes in favor oflitigation, and WHEREAS, Board Member Allen Dyer has used his position in ways designed to further his personal litigation against the Board of Education, and WHEREAS, Board Member Allen Dyer has threatened other Board members and school staff who have or who he believes have not responded or acceded to his demands or agreed with his position on a matter. NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Education hereby expresses formally its displeasure and disapproval ofthose actions; The Board of Education hereby declares that Mr. Dyer's actions have impaired the functioning of the Board of education as a body and has negatively impacted operation of the public school system; The Board of Education hereby publically censures Mr. Dyer for these actions; The Board of education hereby removes Mr. Dyer as chair of the and as a member of the Audit Committee of the Board; The Board hereby directs its counsel to prepare and its Chairman to execute a request to the Maryland State Board of Education to remove Mr. Dyer from his position as a member of the Board of Education for Howard County for misconduct in office.

Approved June 9, 2011