Civil suit against Swampscott schools to continue

SWAMPSCOTT – The school district received a blow in ongoing litigation filed by former assistant superintendent Michael Tarlow.In September 2007, Tarlow filed a civil suit against the school district in Essex Superior Court alleging breach of contract after his employment with the district was terminated in April 2007. In November 2007, the Swampscott School district filed a motion to dismiss, claiming Tarlow had to go through the arbitration process and did not have the right to file suit.This week, Essex Superior Court issued a memorandum denying the district’s motion to dismiss and motion for a stay pending arbitration.The suit stems from Superintendent Matthew Malone’s decision to eliminate the position held by Tarlow, who made approximately $100,000 a year. Attorney Neil Rossman, who represents Tarlow, said the motion was argued eight months ago and he is very pleased with the decision, which was written Aug. 22.”We have been waiting for a decision,” he said. “Now we have the green light from the court to go forward with the civil suit and not to go to arbitration. We can begin the discovery process and start taking depositions. We’re going to go forward as expeditiously as possible.”Tarlow said he is looking forward to proceeding with the case.”I am very pleased with the ruling from the court that has upheld our positions that I have a right to my day in court and that Dr. Malone, not just the School Committee, is a responsible party in the execution of my contract,” he said. “There will finally be a public airing of information that will indicate to the citizens of Swampscott how the Swampscott Public School System is administrated or not administrated.”Malone declined to comment on specifics regarding the suit.”I have no specific comment on this at the present time,”he said. “The matter is in litigation and we will proceed accordingly.”According to the complaint, after terminating his contract Malone offered Tarlow the job of business manger at a salary of approximately $70,000.The district also argued Malone should be dropped as a defendant in the action because the School Committee has legal control over the Swampscott Public Schools and is ultimately responsible for any potential breach of contract.”As detailed in the complaint, however, Tarlow’s claims are based upon the actions Malone took in his capacity as superintendent,” the decision reads.An amount was not specified in the suit but according to the complaint, Tarlow is seeking compensation for the last two years of his contract, interest, attorney fees and any other compensation the court deems just.The complaint alleges that: “Despite having offered Tarlow the newly-planned position of business manager, Malone continued to criticize Tarlow and to place enormous pressure on Mr. Tarlow with unrealistic demands. These demands were overwhelmingly the result of Malone’s inability to handle the problem or task himself.”He also routinely acted in an authoritarian and demeaning manner towards Tarlow, as well as other employees of the school department.”The complaint also alleges Malone failed to address problems in the district including the use of pirated software and used a grant manager as his receptionist.