Fresno Unified wants to give former Communications Chief Nikki Henry $162,000 for reasons beyond a mere severance package, GV Wire has learned.

The district’s proposed settlement agreement says it settles an “employment dispute” between Henry and the district.

“To avoid the uncertainty, inconvenience, and expense of litigation, the parties have reached an agreement to settle and resolve any and all claims, complaints, questions, issues or disputes relating to the disputed employment matter and regarding employee’s employment with district,” the settlement reads.

A Gift of Public Funds?

News broke earlier this week that Fresno Unified wanted to give Henry the severance —worth 80% of Henry’s 2023 regular pay — after she resigned from her position June 30. Being an at-will employee, however — meaning without a contract — state law limits public agencies from giving severance money, said Fresno attorney Roger Bonakdar, who isn’t involved in the case.

Giving money without cause could constitute a gift of public funds, he said.

“There’d have to be a contractual basis, a statutory basis, or a legal claim basis like risk to make this payment,” Bonakdar said. “Absent one of those three or some combination thereof, you have a big problem in justifying the payment and you could potentially have a circumstance of a gift of public funds, which is illegal.”

In a statement to GV Wire, a district representative previously said the severance was a strategic decision based on “fiscal responsibility.” The district has not responded to several requests by GV Wire for more information about Henry’s employment and termination.

If a contract for severance pay did not exist, the only other justification would be to directly address a legal claim, Bonakdar said.

“Ultimately, any expenditure of public funds has to be justified by a public purpose. It can’t be that ‘oh, we just really liked her we want to make sure that she has a soft landing.’ No, that’s not a public purpose,” Bonakdar said.

Related Story: Fresno Unified Rewards Incompetence? Ex-Comms Chief Could Get Huge Severance

‘Rewards Program for Misconduct’: Bonilla

Part of the contract includes a clause saying the settlement wouldn’t set a precedent.

“This agreement shall not create a part practice or be deemed precedential in any manner whatsoever,” the agreement states.

Those clauses are boilerplate in contracts, Fresno Teachers Association President Manuel Bonilla told GV Wire. But it speaks to the culture there, he says.

“What do you get for fabricating evidence in Fresno Unified? Apparently, a hefty check. That’s not accountability — it’s a rewards program for misconduct. ” Bonilla said. “And this doesn’t happen in a vacuum. It’s a choice by the superintendent and the board majority. Their vote on this settlement will reveal exactly what kind of culture they’re willing to uphold.”

Nature of Claim Is Public Information: Bonakdar

After agreeing to not pursue litigation or seek further employment by the district, Henry on June 30 resigned. The district did not clarify for what reason Henry resigned, but it comes after she created a dossier of fake quotes made by artificial intelligence attributed to the Fresno Teachers Association.

After GV Wire broke the story about the dossier, Fresno Unified Superintendent Misty Her admitted to directing Henry to create a document of attacks by the teachers’ union.

The district has not yet responded as to the nature of Henry’s claim, but Bonakdar said that would be public information. A formal legal claim may not have to be filed, but the basis for one has to exist, he said. And it still takes approval by a government body.

“The fact of the payment, the nature of the payment, and the purpose of the payment has to be available because it’s public funds,” Bonakdar said.

Governmental bodies have some discretionary money they can give for the purposes of avoiding risk, Bonakdar said. Those limits might be up to about $50,000 but it depends on the district, he said. For a size this much, it would have to be approved the board, Bonakdar said.

Trustee Susan Wittrup said the board would need to approve the payment. Trustees had instructed the district to let them know about the deal before it became public, Wittrup said.