Barkow will appeal federal court ruling

Todd Barkow, Athens, has appealed a March 22 decision by U.S. District Court Judge James Peterson dismissing Barkow’s lawsuit against the School District of Athens.

Barkow claimed in his lawsuit that his termination as Athens building and grounds supervisor in the summer of 2019 violated his rights under the U.S. Constitution. Barkow filed an appeal March 31 with the Seventh Circuit U.S, Court of Appeals.

Barkow argued that his due process rights had been violated after the Athens Board of Education in November 2018 gave him a “Notice of Performance Deficiencies and Performance Expectations,” but failed to renew his standard one-year contract without a formal hearing to determine whether, in fact, his job performance had improved. Judge Peterson ruled on March 22 that Barkow, who renewed a single year contract each year with the Athens school board during his eight years of employment, was not entitled to continued employment with the district and that the notice he received did not limit the school board from firing Barkow at will and not for just cause.

According to the judge’s ruling, Barkow in August 2018 complained about work local contractor Dean Ellenbecker did on the Athens School District’s baseball diamond. Ellenbecker, in turn, wrote school officials saying he would not do work for the school in the future if Barkow was still employed by the district. By October, school board members told Barkow to improve his behavior towards the board, staff and the public or face termination. “Failure to properly perform your duties will result in a decision to discontinue your employment at the end of your current employment contract,” read the school board’s letter.

Barkow was informed in April 2019 that the school board would not renew his contract.

Judge Peterson ruled that Barkow has the option of pursuing a harm claim in Wisconsin state court regarding his dismissal.

Barkow has named Ellenbecker as a defendant in his appellate lawsuit.