By JOSEPH KELLARD
Prior to the vote, taken at its regular meeting at the Middle School auditorium on Monday, May 5, the board allotted Murphy three minutes to address the district's decision to fire him.
"I had no clue that I would not be invited back," Murphy said. "It's almost embarrassing to say that [Superintendent] Dr. Herb Brown observed me this year, and my feeling from our brief conversation afterwards was that he enjoyed it.
"I asked [middle school Principal] Bob Fenter about his comments, and he said, 'Dr. Brown would have no problem with you getting tenure.' I asked [director of social studies] Kevin Sheehan, and he told me that Dr. Brown had no negative feedback whatsoever. [Assistant Superintendent] Lou Frontario observed me ... and he was very complimentary."
Murphy added that Fenter chose him to establish the school's Builders Club, a student arm of the Kiwanis Club; Sheehan asked him to promote "History Alive," wherein teachers replicate historical events in the classroom, which Murphy took seminars on and included in his daily instruction; and Brown said on hiring him that he hoped he would earn his master's degree, which Murphy did, at C.W. Post.
These were all part of Murphy's response to the district's 12 reasons for denying him tenure, listed in a letter Brown sent to Murphy's lawyer, Louis Stober, in April. The top three reasons were that Murphy provided "inadequate curriculum planning," showed an "inability to successfully bring about the learning goals of lessons," and used teaching techniques that were "directionless in terms of goals that students can understand."
On Monday, April 28, one week prior to the board's vote, Stober submitted to the district and board members a 26-page response to these reasons, which he dubbed "the dirty dozen," and two binders full of "examples and exemplars" of his client's work that he said refute the district's allegations.
Stober essentially argued before the board that the district provided Murphy with "absolutely nothing, either in writing or verbally, to indicate that either his job was in jeopardy or that tenure would not be granted." The binders' contents included Murphy's lesson plans and positive evaluations of his work from previous years, in which "there were no negative recommendations," Stober said. One binder included a letter from Fenter to Murphy, dated Nov. 13, 2002, which read, "This was an impressive amount of work," referring to the social studies teacher's lesson plans on exploration.
Stober mainly claims the district violated its collective bargaining agreement by filing handwritten notes from Fenter and a draft of an evaluation without notifying Murphy or obtaining his signature or initials, as required by the CBA.
Neither Brown nor the board commented or asked questions of Murphy or Stober, although board attorney Jerome Ehrlich told the audience, "The board has a practice of not discussing [matters of tenure] in public." Ehrlich explained that without an affirmative recommendation from the superintendent, the board cannot grant tenure, and that the board can oppose the superintendent's recommendation, at which point it would be brought to another vote at a later date.
Asked why Murphy and Stober's response to the 12 reasons wasn't enough to convince him to overturn his decision to deny the teacher tenure, Brown declined to comment.
"I think the process ran its due course in the correct fashion, and all parties understand what that process is, and it's counterproductive to the district to have a public debate on personnel and personal matters," said Bob Transom, president of the school board.
As they had at the April 14 board meeting, students and parents who support Murphy addressed the board prior to its vote. "I'd really like to know: Is this a democracy or a dictatorship?" Michael Caprino asked. "How can one person make a decision for the whole school?"
"I've looked at both reports, from the school district and Mr. Murphy's lawyer, and in my unqualified opinion, all even a layman would have to do is read [the school's report] to know this guy is being given a raw deal," said Evan Penn, one of Murphy's former students.
"Mr. Murphy was the greatest teacher I've ever had," said Jesse Brasco. "Why is the district firing him? I'm baffled. The key is not the typical mumbo jumbo that the lawyer hands you, the key is that the students learn when he teaches. That's it."
Parent Phil Buttafuoco said, "The board is supposed to represent the public. We're the ones who pay the taxes, and it seems like you don't care about what the public thinks. I think it might be time to change the board."
Immediately after the board's vote, Murphy and about 50 of his supporters filed out of the auditorium and into the lobby, where he addressed them all, vowing to fight in court to continuing teaching in Oceanside. Murphy told the Herald he was "a bit shocked" by the board's decision and that it was "very shocking" that its vote was unanimous.
"I'm 48, and I've never been asked to leave a job in my life," Murphy said, "and to be asked to leave a job with such incredible support is really kind of a unique situation for me to be in."
Stober said that once Murphy receives a formal notification that his tenure has been denied, he will file a notice of claim against the district and board, seeking his client's reinstatement with tenure and damages.
"We are going to move expeditiously to get this matter resolved in Mr. Murphy's favor as quickly as possible," Stober vowed, "so that there is as little disruption to the students and parents of this community as possible."
