Baker’s Separation Agreement is an Illegal Contract

There was a separation agreement approved at the December school board meeting for former Superintendent Scott Baker. A separation agreement is a contract. This contract was approved during the lame duck period at the end of 2021 without the required 30-days’ notice to enter into contract changes. Therein lies the problem.

22.1-60 of the Virginia code subsection C and D states that no contracts can be negotiated during the lame duck session and without 30 days’ notice. Therefore, the separation agreement, which is a contract, is illegal.

Former Chair Dawn Shelley led a 4-3 vote along with Daniels, Braswell, and Grampp in approving this illegal contract. Baker supporters will argue that he has grounds to sue the school division because a separation agreement was in place. However, this separation agreement is a contract that cannot be enforced because its illegal per VA Code 22.1-60.

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