Article: Once-hired exec wants his job back

Once-hired exec wants his job back

Associated Press

billingsgazette.com, 12/23/05

HELENA - The Public Employees Retirement Board, facing a grievance over a job offer it canceled in the wake of a lawsuit from the governor, denied a request from Terry Teichrow to give him the job back.

The board, which has been told it could ultimately face a lawsuit over the matter, also denied a request from Teichrow to bar the public from listening to deliberations on the matter.

Teichrow contends the board's vote to cancel his contract Nov. 21 was illegal and he is seeking damages.

Gov. Brian Schweitzer sued the retirement board last month, alleging members had held illegal closed-door meetings when they hired Teichrow.

A Schweitzer administration report released later also suggested Teichrow's hiring had been predetermined by the board. Teichrow is a former board president, and the report suggested board members may have been swayed by their familiarity with him while other viable candidates were overlooked.

The board has launched another search for an executive director. The current director, Mike O'Connor, is retiring.

The board deliberated Thursday on whether to close its meeting to talk about Teichrow's grievance.

Board attorneys said the public's right to know outweighed Teichrow's right to privacy, especially since legal issues and not personnel issues are the focus of debate.

"I do not view it as a personnel issue, I view it as a legal issue," board attorney Melanie Symons said.

Symons said the contract offer was voided, and never existed, so Teichrow was never terminated or fired.

Teichrow said he was technically employed for three days as executive director of the board.

His grievance claims:

• The board did not have just cause to terminate him.

• His due-process rights were ignored.

• The board broke the state's Wrongful Discharge from Employment Act.

Teichrow's grievance could be expanded to include an objection to holding public discussion on the grievance Thursday.

Teichrow said in a letter to the board that other issues could eventually be included.

"The circumstances that give rise to this grievance have only recently occurred and are an aberration to the usual and customary state of Montana personnel policies," he wrote. "I have not had an adequate opportunity to fully investigate all the facts and circumstances giving rise to the action of the board."

The board decided Thursday to advertise a salary of between about $82,000 and $102,000 for the executive director job search.

Board member Jay Klawon continued to express frustration Thursday with the governor's office, reiterating that he thinks the governor's report on the board is not completely true.

"I think we need to do a little investigating ourselves," said Klawon, who is resigning after the job search is finished.

The dispute comes as the state copes with a $1.4 billion projected shortfall in the pension system. Roughly $500 million of that belongs to pensions the retirement board runs, the rest belongs to a separate teachers retirement system.

Last week, the Legislature agreed to spend $125 million of the state's surplus to shore up the pension system.