WILMINGTON, MA — While the separation agreement between former Superintendent Mary DeLai and the Wilmington School Committee remains private, the original contract signed in May 2014, and extended in June 2016 for two years, is a public document.
Per the request of several readers, Wilmington Apple has requested and received a copy of the contract. It’s been uploaded online and can be read in the link below:
Superintendent DeLai’s Original Contract
Based on my layperson’s interpretation of the contract, here are five answers to some questions that readers have asked about the original contract:
1.) Readers have asked if the original contract addressed the topic of compensation after a resignation. There was no such language. Nothing about severance at all. Interestingly, the contract stated that the Superintendent must give the committee at least 90 days notice before resigning, but can give less notice if both parties agree. Clearly, in this case, both parties agreed to an immediate split with no notice.
2.) Readers have asked if the contract required that the details of any separation be kept private. There was no mention of separation agreements, let alone whether or not they would be subject to non-disclosures.
3.) Readers have asked if there was any sort of “morals clause” in the contract. There was no morals clause explicitly in the contract.
4.) Readers have asked if the School Committee could have terminated DeLai immediately. It doesn’t appear that was an option. According to the contract, the Committee could only terminate DeLai after notifying her 30 days in advance of a hearing, explaining the reasons they wished to terminate her in the notification, and then giving her an opportunity to defend herself at said hearing. The School Committee met within five days of finding out about the DUI arrest, but it’s unclear if DeLai formally waived the 30-day clause.
5.) Readers have asked if the School Committee could have held its final closed-door meeting with DeLai in public. No, it could not. According to the contract, such a meeting must be held in Executive Session, since discussing a person’s reputation and character falls under an exception to the state’s Open Meeting Law. The Executive Session could have only been held in an open session if DeLai had made that request.
To date, the School Committee has not shared the details of the separation agreement publicly. It is facing mounting pressure from each Selectman (look for that story tomorrow) and the media (hello Lowell Sun) to reverse course and disclose the full agreement. If the agreement is made public, Wilmington Apple will post the document so residents can review it.
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