GREEN RIVER — The former transportation supervisor for Sweetwater County School District No. 2 has filed a lawsuit against the district claiming he was wrongfully terminated and defamed by the superintendent in August 2019.
Oscar Barton is seeking damages in excess of $3.1 million primarily for lost wages, future lost wages and emotional distress.
According to the complaint filed by Barton on August 10, 2020, he was wrongfully terminated by the district on August 12, 2019, and was the victim of defamatory and disparaging statements by former Superintendent Donna Little-Kaumo after he was fired.
District Policy
Barton served as the SCSD No. 2 Transportation Supervisor for eight years from 2011-2019 and states in the complaint that he was never reprimanded, suspended or disciplined during his entire tenure as a district employee.
Barton says at the time of his hire it was common practice to perform work on private vehicles in the district shop. He claims this was “known by the district” and there was “tacit approval” to work on private vehicles throughout his employment.
In 2014, Barton hired Brian Beckerman as a transportation department mechanic with the condition that he’d be allowed to work on non-district vehicles. The complaint states this condition was approved by then SCSD No. 2 Business Manager Pete Branjord.
According to the claim, Beckerman worked on a number of private vehicles including “several district employees, administrators, and school board members” from 2014 to 2019.
August 7, 2019
Barton says he was called into Little-Kaumo’s office on August 7, 2019 to talk about working on non-district vehicles. During that discussion, Barton claims Little-Kaumo told him he’d be fired if he talked about their meeting with anyone in his department.
Later that same day, Barton says Little-Kaumo called him back to her office and told him was being written up for doing non-district vehicle work and to cease the practice immediately. Barton said he felt the disciplinary action was “unwarranted” but stopped the work at that point.
Wrongful Termination Claim
The next day Barton claims Little-Kaumo called him back for a third meeting to talk about Beckerman’s involvement in the situation. He was then asked back to another meeting on August 12 with Little-Kaumo and District Human Resources Director Jason Fuss.
Barton says Fuss was “fully aware” of his mechanics working on private vehicles as Beckerman had worked on Fuss’ vehicle in the past. But the complaint states that Fuss gave Barton a choice of either resigning or being fired after the meeting.
Barton is claiming that he wasn’t given due process to a hearing, an opportunity to consider the ultimatum, or an opportunity to consult legal counsel in the matter.
Inconsistent Reprimands
Barton says his termination was “inconsistent with prior action” by SCSD No. 2 administration in “circumstances that were significantly more severe” than his case.
He listed a number of accounts including supervisors going undisciplined for degrading and assaulting employees, relocating district employees for having affairs and sexual relations and allowing employees to use the district shop to build cabinets for personal profit. He also states that Little-Kaumo used district employees and equipment during business hours to replace a hot water heater and do lawn care work at her home.
Defamatory Statements
Following his termination, Barton says five of his bus drivers approached Little-Kaumo to express their lack of support for the district’s decision. During the meeting the claim states that Little-Kaumo compared Barton to a “criminal” and “a teacher raping a child in the school bathroom.” Later the same day, the document states that Little-Kaumo made the same defamatory and slanderous statements in front of “no fewer than 40 people.”
Barton says that according to his contract he could not be terminated without good or just cause which the district failed to prove. He has filed four claims against the district:
Claim 1 – Breach of Contract
Claim 2 – Breach of Implied Covenant of Good Faith and Healing
Claim 3 – Defamation
Claim 4 – Violation of Constitutional Right to Due Process
Summons have been drawn up and file in the case that will be presented to Little-Kaumo ( now living in Louisiana), current Business Manager Chris Dean, and current Superintendent Craig Barringer. The complaint was filed in the Third District Court of Judge Suzannah Robinson.
When reached for comment, Barringer said he cannot discuss the suit because it’s in litigation, but that the district is taking the claim seriously.