Powell Beats Due Process Dead Horse

As we’ve mentioned previously, fired former superintendent of Montgomery County Schools Joshua Powell is beating a dead and decaying horse.

He’s been fired by the school board and Commissioner of Education Terry Holliday has approved the termination. But… dead horse. Must beat. You know the drill.

So you’ll love the juvenile letters his attorney, Ed Massey, sent to the school board:


Text of the letter:

Dear Ms. Anderson:

This letter is in response to your May 11, 2015 correspondence. Contrary to the language of your letter, the report of Dr. Holliday stats, “…I approve the Board’s request to proceed with the removal of Dr. Powell for cause.” Dr. Holliday’s letter goes on to state that Dr. Powell is entitled to a due process hearing prior to the Commissioner’s approval of the Board’s request to remove him. That means Dr. Powell cannot be terminated until he has received the due process hearing to which he is legally entitled.

Please consider this letter as formal notice of Dr. Powell’s intent to exercise his right to a due process hearing under KRS Chapter 13B. I am confused by your letter with respect to the date set for the due process hearing. As no Administrative Law Judge has been selected or identified to conduct this hearing, it is impossible to set a date for the hearing concerning Dr. Powell. I have copied this letter to the Attorney General. I presume that you will use the services of an Administrative Law Judge from the Attorney General’s office in concert with applicable statutes.

As Dr. Powell has not yet been terminated, he is not intent on complying with your request for the return of the items set forth in your letter. As you are aware, Dr. Powell is contesting the suspension and the termination. His contract is set to expire on June 30, 2015. On or before that date, Dr. Powell will surrender everything in his possession that is owned by the Montgomery County Board of Education.

Finally, it is appalling to me that you think an administrative due process hearing can be conducted at a special board meeting. Dr. Powell, by and through counsel, will call multiple witnesses to defend his position before the Administrative Law Judge. I will confer with counsel to determine how we will proceed.


C. Ed Massey

And to the offices of the school board’s attorney:


Text of the letter:

Dear Ms. Graham:

This letter is to acknowledge receipt of your letter dated May 13, 2015. I am bothered by the fact that the hearing has already been scheduled for June 16, 2015, without any inquiry as to counsel’s availability. Furthermore, I am anticipating that this will be a very lengthy hearing. Wherefore, I am asking you to reevaluate the date so that all parties involved may attend. If not, I anticipate filing some type of emergency action to delay the date based on the inconsideration of setting such date without making an inquiry of availability.


C. Ed Massey

It’s pretty clear that Powell has been pushing for a due process hearing after the end of his former contract date in an attempt to claim he wasn’t fired, didn’t receive a due process hearing before the contract expired, yadda yadda. But he was fired by the board and the Commissioner of Education approved it. You’ve read those letters, witnessed those meetings and know the Kentucky Revised Statutes supporting the termination.

That’s on top of the Auditor of Public Accounts making clear that he violated the law in hiring his wife. And us reporting information revealing that he spent countless taxpayer dollars coming after anyone attempting to hold him accountable, retaliated against real life whistleblowers, wrongfully terminated others, withheld public records, attempted to launch a large misinformation campaign, spent hundreds of thousands of dollars without proper approval, meddled with test scores, special education, et al.

Let’s not forget the slew of threatening letters Powell sent — like this one — intimating physical and financial harm would come to anyone opposing his all-powerful being.

The man was fired. We all know it. There are zero doubts surrounding his termination. Any due process hearing the man receives will be an absolute circus — something that will forever be a part of his professional record.

The part about not returning government equipment until the end date of his now-terminated contract? He’s not even living up to his own example of requiring people like Jennifer Hall to turn in keys and equipment upon merely being suspended. But hypocrisy is a thing these folks have an inability to comprehend. Much like they don’t realize they project everything they’ve done onto others in some of the most glaring poker tells ever witnessed.

Bonus back story: Individuals (read: attorneys and other officials) in Terry Holliday’s office approached the school board and assisted its members in both suspending Joshua Powell and ultimately terminating his employment. KDE gave the board its roadmap and there’s nothing Powell can do to change that. This means KDE stands with the board. The two bodies that have the power to oust superintendents. The two bodies that ousted Powell.