The week before the start of a new school year is always hectic for Chartiers Valley Assistant Superintendent Tammy Whitfield, but this year is worse than usual.

Dr. Whitfield, 46, a district employee for 21 years, sued the district and the school board Monday in U. S. District Court, alleging breach of contract, fraud, violation of the Pennsylvania School Code and First Amendment retaliation.

The suit alleges that Dr. Whitfield is being denied a new contract because of her 2006 testimony in a 20-day suspension appeal involving high school varsity basketball coach Tim McConnell.

The school board voted 6-3 in late May to open up her position. Her contract expires Oct. 31.

"I am very disappointed that, after 21 years of service to the Chartiers Valley School District, six members of the school board have chosen this path," Dr. Whitfield said Tuesday. "The lawsuit speaks for itself."

According to the legal document, public officials may not, under the First Amendment to the U. S. Constitution, retaliate against employees who testify truthfully.

"We're concerned it sends a message to school employees that if you speak out, it can be held against you," said her attorney, Glen Downey.

The suit said board members Jeff Chorua and Bridget Kelly sat in the audience during Dr. Whitfield's testimony at Mr. McConnell's hearing and at various times they, among others, booed and hissed at her statements.

Attorney Ira Weiss was hired by the board in late June to represent it and the district in the contract issue.

"The district will defend its position vigorously in this case, and we look forward to presenting our position in court," he said Tuesday, adding that at some point the matter would be referred to Chartiers Valley's errors and omissions insurance carrier.

School board president Patti Figorski said Tuesday that she hadn't seen the lawsuit, but that "given the facts in this case, I am confident that the board acted responsibly."

Because of the potential loss of a five-year renewal as assistant superintendent and injury to her reputation, she is seeking $850,000 for salary, health insurance and other benefits, as well as punitive damages and relief for legal expenses. Dr. Whitfield was appointed assistant superintendent in October 2004 by an 8-0 vote with one director absent.

"It's a sad day for Chartiers Valley," said Director Patti Frey after learning of the lawsuit's filing. "I can't believe that [the majority board members] would risk taxpayer dollars [to oust] a quality employee."

When the board voted 6-3 May 28 to open up Dr. Whitfield's contract, the action was not listed on the meeting agenda nor had the district notified Dr. Whitfield of its intent, as required by her contract and state law.

At the meeting, five of the six directors who voted to open her contract stated that their action was not performance-related. Some added they hadn't had a chance to read the proposed contract because it had been given to them just prior to the meeting.

But other directors said that excuse was a ruse.

"This is now the third week of August, and I guess they still haven't had a chance to read it," scoffed Director Mary Lou Petronsky, who joined director Frey in voting "no."

"If [the issue] isn't on performance, then why haven't we negotiated a contract?" asked Director Beth McIntyre, the third "no" vote.

According to the lawsuit, Dr. Whitfield negotiated a five-year agreement that began Nov. 1, 2004 and was to end Nov. 1 this year. It called for a one-year notice by certified mail if the district was planning not to renew the agreement.

In December 2004, former Superintendent Bernard Sulkowski asked the district benefits coordinator to change the contract's ending date to Oct. 31 and to alter the notice of potential expiration to 210 days, the lawsuit states.

One modified copy was signed by a former board secretary with the codicil that it is "a true and complete copy of the original document" and placed in personnel files. This modified contract was discovered by Dr. Whitfield and other administrators in late February.

Dr. Whitfield's lawyers argue that her contract has already rolled over under terms of the original agreement. Dr. Whitfield is seeking a jury trial.