December 6, 1996
MEMORANDUM FOR RECORD
SUBJECT: Superintendent Letter of Eligibility (SLE) for Mr. Robert Dinnen
Reference: December 4, 1996 memorandum, subject as above.
Subsequent to my December 4 conversation with Dr. Dinnen, I talked to Ms. Pat Fullerton, Office of the Chief Counsel, concerning this matter. Pat confirmed that the proper procedure was to request that the SLE be returned. I also briefed Dr. Poliakoff on the matter. Additionally, on December 5, I provided Press and Communication and Government Affairs a memorandum explaining what had occurred. These offices were notified in the event there was a press or legislative inquiry on the matter.
At approximately 11:30 a.m. this date I called Dr. Dinnen. This was a follow-up to my discussion with him on December 4 concerning the SLE. I informed him that we were sending him a letter officially notifying him that the SLE had been issued prematurely, that the review was not complete. He asked how the problem had come to my attention. I told him that we had received an anonymous call concerning his experience as related to the standard, but that we probably would have detected the problem through the supervisor’s review, that the error was in the Bureau and the the SLE had been issued before this review had been completed. We also discussed his experience that was in question (higher education versus basic schools). I explained that we would complete our review expeditiously and would notify him of the results as soon as possible. In response to his questions, I explained the appeal process should he be denied the SLE. Dr. Dinnen also wanted to know if contacting the Secretary directly now could resolve the matter since the school board had already appointed him to the position, and he had been sworn to oath of office by a judge. I told him I could not answer for the Secretary, but if such a request were received, it probably would go to the PDE Chief Counsel. Additionally I told him that in such event, I personally would recommend that the Secretary use the certification appeal process to review the matter.
Dr. Dinnen continued to ask questions about various scenarios. For example, he wanted to know what would happen if he and the school board refused to return the SLE certificate. I told him he should talk to his school board solicitor on this question, and I could not say what action PDE would take in this instance, that I would have to seek guidance from the PDE Office of Chief Counsel.
I apologized to Dr. Dinnen and through him to the school board for the error. I also told him that if he or the school board had further questions, to please call me and I would assist them in contacting the appropriate counsel in the PDE Office of Chief Counsel or other authority at PDE if appropriate. Although Dr. Dinnen was understandably upset with what had and would occur, our conversation was professional and congenial.
After I talked to Dr. Dinnen, Mr. Edinger sent him a letter by certified mail requesting that the SLE certificate be returned. A copy of that letter is attached. I also briefed Ms. Pat Fullerton on what had occurred since I first discussed this matter with her on the afternoon of December 4.
Signed by Donald Lunday
Note: Mr. Edinger was present for the last part of the conversation with Dr. Dinnen.
continued. . .
