Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kamit Institute for Magnificent Achievers v. District of Columbia Public Charter School Bd.

Court of Appeals of Columbia District

December 26, 2013

The KAMIT INSTITUTE FOR MAGNIFICENT ACHIEVERS, Appellant,
v.
DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOL BOARD, et al., Appellees.

Argued Oct. 17, 2013.

Page 1283

Adam E. Hess, with whom Gene Schaerr, Charles B. Molster III, Barry J. Hart, and Ralph V. Pantony III, Washington, DC, were on the brief, for appellant.

Courtney B. Dyer with whom Brian C. Anderson, Washington, DC, was on brief, for appellee, District of Columbia Public Charter School Board.

Holly M. Johnson, Assistant Attorney General, with whom Irvin B. Nathan, Attorney

Page 1284

General for the District of Columbia, Todd S. Kim, Solicitor General, and Donna M. Murasky, Deputy Solicitor General, were on the brief, for appellee, District of Columbia.

Before WASHINGTON, Chief Judge, and GLICKMAN and THOMPSON, Associate Judges.

GLICKMAN, Associate Judge.

Shortly before the Public Charter School Board (" PCSB" ) revoked its charter in August 2010, the Kamit Institute for Magnificent Achievers, Public Charter School, Inc. (hereinafter referred to as " Kamit" ), received from the District of Columbia a quarterly operating budget appropriation of $703,691 for the upcoming school year. These funds were placed in an escrow account while Kamit challenged its charter revocation in Superior Court. With the PCSB's approval, some of the escrowed funds were disbursed to Kamit to cover operating expenses it incurred notwithstanding that its charter school was closed. However, the PCSB refused to release the remaining balance in escrow, $165,936.33, to reimburse Kamit for severance payments it had made to its departing faculty and staff. The Superior Court declined to overrule the PCSB's decision and ordered that the funds remaining in the escrow account be returned to the District of Columbia. Kamit, still claiming entitlement to those funds, has appealed the court's rulings denying its request for reimbursement. We conclude, however, that because Kamit's charter has been revoked and the PCSB is charged by law with liquidating its assets, settling its debts and conveying any surplus to the District, Kamit has no legally cognizable interest in the funds at issue and lacks standing to maintain this appeal.

I.

Kamit was formed in 1999 as a District of Columbia nonprofit corporation with the purpose, according to its articles of incorporation, of securing a charter to operate a public charter school pursuant to the School Reform Act of 1995. [1] The Board of Education granted Kamit a charter in June 2000. Ten years later, however, on June 21, 2010, the PCSB initiated proceedings to revoke Kamit's charter.[2] These administrative proceedings culminated in the PCSB's revocation of Kamit's charter on August 12, 2010. Kamit immediately filed a petition in Superior Court for judicial review of the PCSB's decision, along with an emergency motion to stay the revocation. The stay was denied, and after further proceedings, the Superior Court upheld the decision to revoke Kamit's charter in May 2011. This court affirmed that ruling in Kamit I. [3]

The revocation of Kamit's charter is now final. The present appeal concerns an ancillary dispute having its genesis in events that occurred in July 2010 while the revocation proceedings were under way before the PCSB. First, on July 13, Kamit's board of trustees met and approved a severance package for all eligible faculty and staff as an incentive for them not to leave the school while it was still seeking to retain its charter. The board agreed that these employees would receive the equivalent of

Page 1285

one month of salary for each year they had worked at Kamit; that employees who had been with the school for over one year would receive the cash equivalent of six months of healthcare benefits (and those employed for less than a year would receive the cash equivalent of one month of healthcare benefits); and that all eligible employees would be compensated for their accrued and unused vacation and sick leave and for their pension allocations. This severance package was outlined to members of the faculty and staff at a meeting on July 14. Kamit subsequently executed written severance agreements with its employees after ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.