Fired Food Services Chief for Schools Wins Job Back

The Santa Monica-Malibu Unified School District’s Personnel Commission has ordered the reinstatement of food services director Ed Dodd, who was fired for openly criticizing his superior’s budget-cutting recommendations.

After three days of hearings, the commission found that Dodd was wrongfully ousted from his $29,000-a-year position in April because he opposed the district’s proposal to increase the cost of lunches to save money. Commissioners last week voted 2 to 1 for the reinstatement.

“We won because this was a First Amendment issue,” said David Durchfort, Dodd’s attorney. “Ed Dodd was fired because he decided to exercise his right to freedom of speech.” Assistant Supt. Mark Karadenes said the district is “disappointed with the decision,” but has not decided whether it will appeal.

Reimbursement Denied

Dodd returned to work Tuesday. He will be given back pay and benefits from April 29. But the commission denied Dodd’s request to be reimbursed for his legal fees.

Dodd said Tuesday that his duties have changed from those he had before he was fired.

“I’m delighted with the (commission’s) decision, but now the district has reinstated me to a job that is different from the one that I had,” he said. “They have hired a food services consultant to make all the decisions . . . and now it will be up to me to accept her recommendations.”

Dodd, 56, an employee of the district for 2 1/2 years, said he will discuss with his attorney whether to take further legal action.

Durchfort said that Dodd was singled out for refusing to support several emergency cost-cutting measures proposed by his superiors to reduce an estimated $700,000 in losses to the district over two years. In addition to increasing the price of student lunches, Dodd’s superiors recommended reducing the district’s staff of 42 cafeteria workers by six.

The proposed cuts were recommended by the district’s business services administrator, Rory Livingston, who has since left the district to become assistant superintendent for business in the San Luis Coastal Unified School District.

Dodd voiced his opposition to Livingston’s proposals at two public hearings in February. When ordered to cease his public opposition, he refused.

Centralized Kitchen

Dodd warned that the price increases would result in a large drop in student sales. He said all meals should be prepared in a centralized kitchen. In May, a team of independent food services directors was brought in from other school districts to study Santa Monica-Malibu’s financial problems. Two of the directors also recommended returning to a centralized kitchen.

The district stopped preparing its own meals two years ago and contracted with Preferred Meals System Inc. of Chicago to provide prepackaged meals for elementary school students. High school meals are prepared in a centralized kitchen on campus.

Durchfort said that Dodd’s firing violated the state Education Code, which states that it is “unlawful to discriminate solely because of an employee’s appearance before the governing board of a school district . . . whether such appearance was undertaken voluntarily or otherwise.”