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February 26, 2014 THE VILLADOM TIMES I • Page 3
FLOW Area
Former counselor sues regional high school district
by Frank J. McMahon
A former guidance counselor who was
employed by the Ramapo Indian Hills
Regional High School District from 2005
to 2009, when she was terminated, has
filed a lawsuit charging the district broke
the settlement agreement that was reached
with her in January 2013.
Elisabeth Walter has sued the district,
the board of education, and up to five
unnamed school district employees. In
her lawsuit, she claims she was harmed
because the portion of her agreement
intended to keep her settlement agreement
confidential was violated when the district
published a notice of the agreement in the
school board’s agenda. She also claims the
school board made reference to her settle-
ment in the minutes of the board’s meet-
ing during which the settlement agreement
was approved, and published it on the dis-
trict’s website.
As a result, Walter claims the district
intentionally interfered with her ability
to obtain other employment because pro-
spective employers were able to see that
prior litigation existed and they were even
able to access the terms and conditions of
the settlement, which were not to be dis-
closed. Walter said she has not been able to
obtain employment and was not hired by
a number of prospective employers who
became aware of the litigation and/or the
settlement agreement.
She also said her performance as an
employee of the school district was dis-
cussed without her consent or without any
waiver from her, and her right to privacy
was therefore violated and she was dam-
aged. According to Walter, the school dis-
trict had a duty to take reasonable precau-
tions to protect her from harassment and
discrimination after she and the district
entered into the settlement agreement.
She complains the district participated in
actions to cause her physical, emotional,
and economic harm from the retaliation,
harassment, and/or abuse she received as a
result of the district’s violation of her right
to privacy.
Under the January 2013 settlement,
there was to be strict confidentiality with
the intention of maintaining confidential-
ity unless and until a member of the public
made a request for it under the state’s Open
Public Records Act.
In addition, Walter claims the district’s
superintendent at the time was to be the
person all prospective employers would
contact. However, she states that that
superintendent was knowingly leaving the
district, which left that part of the agree-
ment without any force or effect.
Walter claims that prospective employ-
ers called the school district for references,
but the superintendent had already left
the district and several employees and/or
supervisors provided negative references
about her to those prospective employers.
She demands a judgment against the
school district for damages including com-
pensatory damages, punitive damages,
interest, attorney fees, and other costs of
the lawsuit.
The complaint has been assigned to
Superior Court Judge Rachelle L. Hare and
more than 450 days have been provided for
discovery in this case.
The school board’s resolution approving
the settlement agreement in January 2013
named Walter as the plaintiff, but did not
provide any details of the settlement.
That settlement agreement, however,
has been obtained by Villadom TIMES
as a result of an OPRA request and it
shows that the school district agreed to pay
Walter a total of $275,000 in full and com-
plete satisfaction of her claims against the
district, of which the district was respon-
sible for $25,000 and the balance was the
responsibility of the school district’s insur-
ance carrier.
Under the terms of that agreement,
Walter agreed to only disclose the terms
of the agreement to her husband, family,
accountant, and attorney. The agreement,
however, recognizes that the school district
is a public entity and, as such, the terms of
the agreement are “discoverable” through
appropriate legal avenues by any person.
Each party agreed, however, to attempt to
keep the terms confidential.
In addition, Walter agreed not to dis-
close any confidential information obtained
during the course of her employment in
the school district, and the school district
agreed to issue a letter of recommendation
consistent with the positive evaluations in
Walter’s personnel file.
Richard Keenan, CFO of Valley Health
System, will discuss the Affordable Care
Act at the Franklin Lakes Republican
Club’s March 3 meeting. The club will meet
at 7:45 p.m. in the ambulance corps build-
ing on Bender Court. This program was
rescheduled after having been canceled due
to inclement weather.
As CFO of Valley Hospital since 1974,
Keenan has a unique perspective on this
vital topic. He will discuss the evolving
changes in the health care system based on
the ACA’s impact on the medical system
and projected patient health care services.
A question and answer session will follow.
Light refreshments will be served.
The meeting is open to members and
Franklin Lakes residents. RSVP by calling
Pete Swist at (201) 337-5140 or Judi Ygle-
sias at (201) 891-4384.
Richard Keenan to address club