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June 10, 2008


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NEWS

Lawsuit Settled with Head Start Former Employee

Northwest Tennessee Head Start, based in McKenzie, has settled a lawsuit with James Churchwell, 44, of McKenzie, whose employment was terminated shortly after he was diagnosed with colon cancer. Churchwell was a maintenance technician with the agency, which serves children of low-income family in 13 West Tennessee counties.

An out-of-court settlement indicates Churchwell was paid $287,000 and received a formal letter of apology, signed by Macie Roberson, chairman of the Northwest Tennessee Economic Development Council Board of Directors. Churchwell was terminated by former director Pam Castleman, whose employment was terminated in February by the NTEDC board. The agency is under the direction of an interim director, Jane Bryant, who is a former Head Start director and a consultant. She has a three-month contract, said Kenny McBride, a member of the NTEDC board.

Churchwell's original lawsuit was filed October 5, 2007 in federal court.

The suit said Churchwell, a former employee in the maintenance department of Northwest Tennessee Head Start preschool program, was wrongfully suspended for nearly five months with pay before being terminated via an e-mail to his wife, Melonie Churchwell, human resources coordinator for the Head Start program, from Pamela Castleman, director of the program.

Churchwell contended Northwest Tennessee Head Start violated provisions of the Family Medical Leave Act (FMLA) by discharging and/or unlawfully discriminating against him for exercising his rights under the FMLA.

Churchwell additionally sued on the following points:

* Throughout the course of Churchwell's employment with the Head Start program, he was asked to perform and did perform numerous duties for "upper management" that did not concern the Head Start Program. These jobs, such as moving personal property at his supervisor mother's home and taking Head Start furniture to private individuals' homes and/or offices, including the home of Pamela Castleman, were performed during work hours.

* That his sister, Lora Wofford, had previously discussed numerous issues of financial and/or other illegal conduct at Head Start mismanagement with the U.S. Department of Health and Human Services, resulting in an independent audit of the Head Start Program by the certified public accounting firm of Alexander Thompson Arnold PLLC.

* The independent audit eventually revealed numerous questionable practices including, but not limited to, mismanagement of Head Start funds. Questionable expenditures totaled $126,000.

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June 10, 2008