Curtiss wins arbitration; may soon return

With a final and legally binding arbitration, it appears as if Mort Curtiss, the 55-year old Libby High School teacher terminated for allegedly distributing drugs, will report to the high school for work, but when that happens remains to be seen.

The arbitrator decided that some discipline was necessary, but Curtiss’ termination – pushed by District 4 Superintendent K.W. Maki and confirmed 5-2 by the Libby School Board – was inappropriate, as the District did not meet its burden to show that dismissal was appropriate.

The result is that Curtiss must be reinstated as soon as possible to his old position after he meets the criteria of the pretrial diversion agreement.

Scott Hilderman, Curtiss’ attorney, says that could be as soon as next Monday, Oct. 22. Maki said his lawyers told him it wouldn’t be until next August or September. The difference in these points is the interpretation of the pretrial diversion agreement.

The arbitrator, Lawrence E. Little, wrote in his arbitration award that the grievance was denied in part and sustained in part. It sustained the District had “just cause” to issue a suspension without pay and require strenuous conditions for returning as a teacher, but did violate state law by terminating Curtiss. 

“I just hope people can put this in the past and give me another chance,” Curtiss said when called at home this weekend. “I hope the school administration can not drag this out and not cost me a bundle more money.”

Curtiss had been terminated Sept. 19, 2011, after an ordeal that began the night of March 4 to 5, 2011 at the Elks Lodge in Libby. Curtiss, an industrial arts and driver’s-education teacher at Libby, allegedly freely shared prescription drugs with an adult at the bar.

   Curtiss has a history of back pain and had prescriptions for oxycodone, a painkiller, and marijuana. He allegedly shared these with a police informant. He taught for two weeks at the high school before an initial suspension with pay.

   Many employer-employee disputes are settled with arbitration, a non-trial, legally binding way of settling disputes with a lawyer sitting in a mediation position.

   The District may appeal, but according to Hilderman, that would only slow down the process.

   “If they appeal, they will lose,” Hilderman said. “There is no basis to appeal.”

   Unlike a trial, arbitration can only be appealed under four very specific circumstances. If the arbitration was procured by fraud, was biased, did not grant a party just continuance or was a manifest disregard of the law, it could be appealed. Hilderman said none of those criteria would be met.

   The only reason the District could keep Curtiss away from work would be to request an examination and certification by physicians – at its own expense – confirming or denying that Curtiss would be able to return to his teaching duties.

   This would be a costly and time-consuming process and ultimately unnecessary, said Hilderman, especially considering Curtiss met his pre-trial conditions.

   He was told to pay $1,000 to the Lincoln County Drug Fund, get a chemical-dependency evaluation and must not be arrested for two years or be subject to immediate termination. Curtiss has done the first two, but two years have not passed since the initial termination, causing a point of contention between the two parties.

   Curtiss’ camp believes the two years is an ongoing thing, a caveat to being reinstated. The District is reading it as a hard two years during which Curtiss may not teach in Libby.

   “We’re making a conference call Friday,” Hilderman said. “We intend to put the School District on notice prior to that conference call that Mort will be reporting to work Monday morning. Unless they want him sooner.