Fort Bend ISD board member claims timing of superintendent's retirement is 'lacking due process'

Saturday, December 9, 2023
Plan to oust FBISD superintendent 'lacked due process,' trustee says
A Fort Bend ISD trustee is pulling the curtain back only to ABC13 after the superintendent's sudden retirement. She says an ultimatum was placed on the outgoing leader.

FORT BEND COUNTY, Texas (KTRK) -- Earlier this week, the Fort Bend ISD board meeting got heated, with allegations flying before the board voted to accept Superintendent Christie Whitbeck's retirement.

It is a decision that impacts many as Fort Bend ISD serves nearly 80,000 families, and the board members are the decision-makers who are supposed to be trusted. Taxpayers will also be on the hook for Whitbeck's severance agreement, which is $490,000, along with the interim superintendent's salary.

Board member Kristen Malone questioned why a superintendent who just received a salary raise and a contract extension would suddenly want to leave. Malone said she believed the superintendent was forced out because of personal conflicts with other board members, including board president Judy Dae.

Malone was silenced following a vote and was unable to discuss the matter further during Monday night's board meeting.

SEE ALSO: Fort Bend ISD board member claims superintendent was forced out: 'It doesn't add up'

On Thursday, Malone decided to sit down with ABC13 and share what she says is the truth behind the superintendent's retirement.

"It's extraordinarily concerning and an abuse of power," Malone said.

According to Malone, the conversations began in November after the tax rate election. Malone had a scheduled lunch with Whitbeck, who she said told her there was a plan to push her out.

Malone said Dae gave Whitbeck an ultimatum. She said Whitbeck was told to retire or she would be voted out.

"She said the president claimed to have four votes. I said, 'How?'" Malone recalled. "That's implying there is a walking quorum, and that would be a breach of the Texas Meetings Act. That's unlawful. I was beside myself."

ABC13 has called and emailed President Dae about the allegations since Tuesday, but we have not received a response.

When asked why Dae and other members would want to force Whitbeck out, Malone said that is for them to answer but believes the reason is personal differences and politics at play.

After the lunch, Malone said she immediately got legal counsel involved but said there was a lack of response.

"There is due process, and any employee deserves a right to have due process," Malone said. "The timing alone indicates the fast track nature of this, indicates it was lacking due process."

During the board meeting, Whitbeck said she was blindsided when she was approached in November. She said she was never part of any closed-session discussions and never had the opportunity to talk to the board or ask questions.

"We expect our leaders to be held to a higher standard and do what's right, not only for our children or our community," Malone said. "There is an oath we take. It matters, and I mean something."

Malone also said she wanted the chance to tell the other board members on Monday that they didn't have to vote in favor of the retirement and it wasn't too late, but because she was shut down, she said she didn't get the opportunity to do that.

ABC13 contacted Fort Bend County ISD for a copy of the separation agreement.

According to the district, their General Counsel was not involved in preparing the document and has yet to receive it.

ABC13 has reached out to the legal counsel for the Board of Trustees at Richard Morris of Rogers, Morris & Grover but has not received a response.

The listing for superintendent is already posted on the Fort Bend ISD website, with a closing date of Jan. 2. Sources told ABC13 that a quick turnaround is unusual in a process that should take months.

On Friday, Dae released a letter a day after this story aired, largely declining to respond to some of Malone's specific claims but denying personal issues were at play.

"Members of our community have asked questions after our board meeting during which our board approved a retirement agreement that was negotiated with Superintendent Dr. Christie Whitbeck. Some have expressed frustration that they have not received answers to all their questions and shared concerns about transparency. We understand their frustration. But the superintendent is an employee of the district, and as with all district employees we generally do not discuss personnel matters with the public," Dae wrote in part.

She also eluded to Malone speaking out.

"While most of our trustees have sought this more respectful path, one trustee unfortunately felt the need to undermine the respectful process by attacking her fellow trustees and providing a one-sided account of this personnel matter, including publicly sharing confidential information about a personnel matter in violation of our Board Operating Procedures," Dae continued. "This lone trustee's actions placed her fellow trustees in a very unfair position as several felt they could not respond without publicly sharing information about a personnel matter that was intended to remain confidential for the benefit of Dr. Whitbeck ... The one trustee's allegation that the trustees have been motivated by personal conflicts is simply untrue."

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