Fresno Unified says news about $162,000 payout was ‘misleading and inaccurate’

FRESNO, Calif. (KSEE/KGPE) – Fresno Unified says news coverage about a $162,000 resignation settlement given to a former member of staff was “misleading and inaccurate,” stating that the agreement, which led to the payout, “did not violate the Brown Act.”

The school district adds that there has been “no cover-up” in its handling of this matter.

When YourCentralValley.com reported on the $162,000 payout given to Former Chief Communications Officer Nikki Henry, Fresno Unified Trustee Susan Wittrup said the decision to process the payout without a school board vote “makes me feel like there’s something shady going on.”

The district clarifies that assertion, stating that Chief of Human Resources David Chavez was given unanimous Board authority to reach a settlement with Nikki Henry.

The process undertaken in this matter was consistent with Government Code section 54957, the Brown Act section that provides for the confidentiality of personnel matters, as well as with Government Code section 54957.1, which includes an exception to the “action-taken” report-out requirement when, as here, a potential settlement is dependent on the agreement of the other party. In accordance with this exception, the District released fully-executed copies of the Settlement Agreement upon request.

Therefore, the District did not violate the Brown Act.
Fresno Unified School District

The district also called out the Fresno Teachers Association, saying they claimed on social media that the Settlement Agreement requires the district to “indemnify” Henry; however, the district says this is not correct, given that the agreement does not include an indemnification provision.

They add that this is because of Henry’s statutory right as a former public employee to request a defense and indemnification for “claims arising out of the course and scope of her duties as a public employee.”