District’s decision not to hire coach based on potential ‘red flag’ | News | Berkeley Independent

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District’s decision not to hire coach based on potential ‘red flag’

Published Tuesday, July 20, 2010 3:26 AM

By Dan Brown
Berkeley Independent

photo by Dan Brown

Elmer Bench shouts instructions to Berkeley High School football players during a practice session this spring.

Elmer Bench – the assistant football coach whose job offer to work at Berkeley High School was rescinded – was apparently not hired because of a “confidentiality agreement” between Bench and a former employer.

While Berkeley School District Superintendent Anthony Parker would not comment directly on Bench’s case, Parker did tell The Independent that when a potential employee has a “confidentiality agreement” with a former employer, it is his personal philosophy to not hire the employee in question.

Parker’s comments came after Bench contacted The Independent in the wake of the newspaper’s initial story on his situation at BHS on July 7.

Bench maintains that he was hired by the school district to become an assistant for Jerry Brown’s Stag football team, and to teach at the school.

After resigning from his position at Andrew Jackson High School, Bench actually took part in BHS football practices before being informed that his job offer from the district was being rescinded.

According to Bench, the news shocked him, as he was under the impression that he had already been hired.

“I have a copy of a signed teacher’s contract from (the Berkeley County School District),” said Bench, who felt it was “time to defend myself” after reading the July 7 Independent article.

A copy of a “Contract for Professional Services” was issued to Bench and signed by Parker on May 12. The contract lists Berkeley County School District as the employer and Elmer Bench as the employee.

Parker said the contract included a stamped signature (of Parker), and added the district has a right to rescind any contract if such a situation warrants action.

“The issue with Mr. Bench has nothing to do with whether he has a signed contract or not,” Parker said. “As a general rule when considering a teacher for employment, when I call the previous school district where a teacher had been employed and there has been a ‘confidentiality agreement’ put in place between the district and the teacher, I see that as a big red flag.”

Such an agreement means that the only information a school district will release regarding the employee is the date he was hired and the date he left.

Parker said it is his philosophy to not hire potential teachers or coaches with such an agreement.

“I will not go beyond a previous school district’s situation in regard to hiring a teacher where there’s a confidentiality agreement in place,” he said. “It’s a chance I’m not willing to take.”

Parker sees confidentiality agreements as a potential negative situation and since he does not know the specifics of any potential employee’s departure from a former job, he chooses to pass on the particular teacher in question, he said.

“In any case involving a confidentiality agreement, my obligation to Berkeley County is to make certain that whomever we bring into the county to teach is the best possible teacher we can hire,” he said. “I treat these kids like my own kids. If we have red flags with folks, I don’t want to take the chance of having the situation repeat itself.

“I don’t know Mr. Bench. I wish him well in his endeavors.”

Bench maintains that he was hired by Berkeley County Schools to teach and coach football.

“The school board met on May 11,” Bench said. “I was mailed a teaching contract dated May 12. The contract was signed by Berkeley County Superintendent Tony Parker. I signed the contract and hand-delivered it to the school board on May 19.

“In early June I was told by (the school district human resources department) to schedule a meeting so I could review what benefits and insurance options were available.”

Bench added that he tendered his resignation at Andrew Jackson High School on May 28. Bench’s wife, who was a teacher in the Lancaster County School District, did the same shortly thereafter.

It wasn’t until June 15 that Bench was informed there was something wrong.

“On June 15, I received an email that states (the Berkeley County School District) was trying to rescind my contract,” he said. “The only thing I got from the district was a letter saying the contract was not approved by the board of education.

“On June 16, I received a call from (school district administrator) Willis Sanders that said Dr. Parker planned to rescind my contract. When I asked him why he refused to comment on the references recently given by Lancaster County.

“Nobody would tell me anything.”

Until that time Bench believed he would be teaching at BHS in the fall.

“On May 6, after I was recommended for employment, I got an email from (the school district) saying (it) had all my references from Lancaster County and that they were impeccable,” he said.

Two of those references, Bench added, included Lancaster County School District staff.

“I’ve never had the first conversation with Mr. Parker,” Bench said in regard to his teaching contract being rescinded. “I never had the chance to defend myself. I don’t officially know what was said about me and nobody will talk to me about it.

“I was involved with spring practice drills and planning to be involved in summer workouts as a member of the Berkeley High School coaching staff.”

BHS Athletic Director and Head Football Coach Jerry Brown said he thought Bench would be a teacher at the school this fall and a member of his coaching staff.

“Elmer Bench participated in our spring practices and I went into the summer thinking Elmer would be a part of our staff the coming fall,” Brown said. “We were very pleased with his performance on and off the field during spring practice.”

Bench wondered how he could participate in spring practice without a signed and approved teacher’s contract.

“You don’t start working somewhere before you’re hired,” he said.

According to Brown, he and Bench met at a Clemson football clinic in late March where Brown was a guest speaker.

“We talked and set up the interview process from there,” Brown said.

According to Bench, he interviewed with BHS principal Kim McLaren on April 28, and following the interviews his application and resume were forward to the school district’s offices.

McLaren would not comment on any specific interview because the district does not comment on personnel matters.

“I was moving to Moncks Corner this summer,” Bench said.

Bench, who enters his 11th year as a teacher and is a National Board Certified Teacher with a Certified Degree in Administration from the University of South Carolina, has moved on to another teaching position in the state.

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