What's happening?
The decision to propose Fagen’s termination is coming more than two months after trustees voted to place her on paid administrative leave.
Board President Robert Scarfo and trustees Michael Grabowski, Chris Parker and Ken Kirchhofer voted in favor of Fagen’s proposed removal; trustees Martina Lemond Dixon, Robert Sitton and Marques Holmes cast dissenting votes.
Prior to the vote, Lemond Dixon said the reason presented for Fagen’s proposed removal was “a failure to maintain a relationship with the board.” However, few details were provided in open session explaining how Fagen failed to maintain a relationship with the board, and an explanation of what maintaining that relationship entails was not made clear during the meeting.
Fagen, who was not present at the July 23 meeting, will now have an opportunity to appeal the board’s decision to the TEA, which district officials said could take months to conclude.
Some context
The proposed termination of Fagen’s contract is coming on the heels of several tumultuous months.
On April 9, trustees voted to release a report detailing the findings of a Title IX investigation launched against Fagen’s husband, former HISD Athletic Director Troy Kite.
Fagen married Kite in 2023 after disclosing their relationship to the board in March 2022, district officials said. Fagen said she recused herself from the Title IX investigation in May 2023.
In May, trustees voted 4-2 in favor of placing Fagen on paid administrative leave.
Those opposed
Trustees deliberated for more than two hours during the July 23 meeting in an often contentious discussion about Fagen’s status with the district.
Prior to the vote, Lemond Dixon said she did not agree with the reasoning presented for proposing the termination of Fagen’s contract, which she cited as a “failure to maintain a relationship with the board.”
Lemond Dixon said Fagen has never been provided with any written documentation supporting that claim, and that she has not been provided with any sort of improvement plan. She said the district’s superintendent evaluation committee hasn’t met in over a year.
Additionally, Lemond Dixon said Fagen has consistently received stellar reviews in her evaluations from every member on the board, with the exception of Grabowski, who has not been involved in any superintendent evaluation proceedings since being elected in May 2023.
Following Lemond Dixon’s comments, Sitton read an excerpt from Fagen’s contract concerning the board’s ability to fire the superintendent with good cause.
The superintendent may be fired with cause for showing "incompetence or inefficiency in the performance of required or assigned duties as documented by evaluations, supplemental memoranda, or other written communication from the board," Sitton said, reading from the contract.
"'However, the terms and conditions of this paragraph shall not justify good cause unless the board has provided the superintendent a reasonable opportunity to remediate any incompetency or inefficiency,'" Sitton said. "We have done none of that. We haven't even discussed it.”
Those is favor
Meanwhile, Grabowski said he and other board members had been presented with ample evidence showing alleged wrongdoing by Fagen.
“Numerous purposeful actions were done to damage this district,” Grabowski said. “How this vote won't be 7-0 is mind boggling to me.”
However, Grabowski said he was unable to provide any details about the alleged wrongdoing because of Fagen’s option to appeal the decision.
“This is an ongoing process, and it's not complete tonight,” he said.
The only board member who offered an example of potential wrongdoing was Kirchhofer, who said Fagen had lied to him about her intention to leave the district.
Kirchhofer said the incident revolved around a conversation he had with Fagen in May while she was being considered for a superintendent position with the Washoe County School District in Nevada, which she did not receive.
“[Fagen] said, ‘If I don't get the Reno job, I'll hand you my resignation,’” Kirchhofer said. “I said, ‘Great. I'll let the rest of the board know.’ Everyone sitting up here had the information two months ago. ... The trust broke.”
Cost to the district
Fagen, whose salary with the district totals around $349,000 per year, is under contract with the district until June 2028. Lemond Dixon suggested there was a possibility the district might be required to pay out the remainder of Fagen’s contract.
“We're going to end up paying her like $1.5 million or more,” Lemond Dixon said.
HISD Chief Communications Officer Jamie Mount said that wouldn’t be the case as long as the district follows the legal process outlined in the Texas Education Code.
“If the board makes a final determination to terminate the contract through the legal process in the education code, the contract is terminated with no additional monies owed under the contract,” Mount said.
What’s next
Ellen Spalding, who provides legal counsel for the district, said Fagen will be provided with notice of the vote to terminate her employment. Fagen will have 15 days to appeal the decision with the TEA.
If Fagen declines to appeal the decision, the item will come back to board members to make a final decision on Fagen’s termination, Spalding said. If Fagen appeals the decision, the TEA will appoint an independent hearing examiner who will hold a hearing within 60-105 days.
Spalding said the hearing would allow both sides to present evidence supporting their case. Following the hearing, the examiner would provide a written recommendation of proposed findings of facts and conclusions of law, and can choose to provide a recommendation.
Spalding said that information would then be given to board members, who would take a final vote on Fagen’s termination.
