Should a well-paid school leader use district’s lawyer to defend a speeding ticket? | Opinion

Toriano Porter Should a well-paid school leader use district’s lawyer to defend a speeding ticket? | Opinion By Toriano Porter June 4, 2025 1:19 PM

Outgoing Independence School District Superintendent Dale Herl Independence School District Superintendent Dale Herl Screengrab from YouTube/Independence School District Outgoing Independence School District Superintendent Dale Herl was cited for speeding this spring in Harrison County in northwest Missouri. The citation, issued by a trooper with Missouri State Highway Patrol Troop H, was for a relatively minor traffic offense — exceeding the posted speed limit by 6 to 10 miles per hour, according to online court records. But perhaps what makes this case interesting is that Herl, a longtime public educator and administrator — a well-paid one at that — is using the school district’s attorney to handle what should be a private legal matter.

I’ve read terms of Herl’s contract and it seems he may have some leeway when it comes to legal proceedings. But this arrangement of using a school district lawyer to defend a speeding ticket raises concerns of a potential conflict of interest that must be addressed by the Independence School District Board of Education. TOP VIDEOS On Tuesday, I reached out twice to board president Carrie Dixon for comment but in an email she referred me to district spokesperson Megan Murphy. I also reached out to Herl, who did not respond. “Individual board members do not comment on personnel matters or contract-related issues, as these are handled through established administrative channels,” Dixon wrote. Must school board defend Herl? Under terms of Herl’s contract as superintendent, the Independence school board had a right to “defend, hold harmless, and indemnify” Herl from “any and all demands, claims, suits, actions, and legal proceedings brought against the superintendent in his individual capacity or in his official capacity as an agent and employer of the board of education.” That contract stipulates the incident must have arisen while Herl was acting within the scope of his duties as the district’s leader. And in this litigation-happy society, it makes sense that the school board would defend Herl as an individual and district leader.

But the question remains about his March 18 encounter in Harrison County: Does a speeding ticket fall under this purview? “No it would not, as this was a personal matter,” Murphy, the district’s spokesperson, wrote in an email. I asked Murphy if Herl was conducting official business when he was stopped in northwest Missouri and was told no. I also wanted to know if Herl had alerted the school board about his plans to use the district’s attorney in this case. Again, I was told no. My last question to Murphy was about any concerns district leadership may have had about the appearance of a conflict of interest in this matter. I was told there was none. “This was a personal matter and the district was not at all involved,” Murphy wrote. By Herl using an attorney hired by the school board, he in fact did involve the district. And there is no way around that fact. Will earn $303,891 in new role Late last month, the school district announced that Herl would retire, effective June 30 but remain on the district’s payroll for one year as a financial analyst or adviser. His advisor agreement contains similar language on being defended by the district.

According to a copy of that agreement, the district agreed to pay Herl $303,891 for the 2025-26 school year. To be fair, Herl signed a three-year contract in March that would have paid him an annual salary equal to that amount each year — so the school board wasn’t wrong for unanimously approving this financial advisory agreement. Yet, I still question if he should remain at the central office hovering over soon-to-be interim Superintendent Cynthia Grant, who will replace Herl next month. But back to my main point: Isn’t a six-figure payday enough bank for Herl to afford his own attorney?

A local defense attorney I spoke to with no ties to this case — John Picerno — said he normally charges about $250 to handle such a trivial matter. He noted other area attorneys are even more affordable. “There are a lot of cheap lawyers practicing in traffic law these days,” Picerno wrote in a text message. “I normally charge a $250 fixed fee for that but I imagine you can get it done for 100 bucks or $150 from some.”

ISD leader cited for speeding At 6:38 p.m. on March 18, Herl was stopped by a state trooper for allegedly driving 80 mph in a 70 mph zone along a Missouri highway in Harrison County, according to a copy of the citation he received. His initial court appearance was scheduled for May 7 in the county seat of Bethany. In April, Jeffrey Andrew “Drew” Marriott of EdCounsel Law in Independence filed a motion to continue the case from its original date, according to a court filing. Harrison County Associate Circuit Judge Jay Hemenway approved the continuance until July 9, court records show. EdCounsel is the same firm the school board used in Independence resident Jason Vollmecke’s successful federal civil rights lawsuit filed in 2023 against Herl and the school board. In court documents, EdCounsel’s Independence location was listed as 201 N. Forest Avenue, the same address as the school district’s central office. After reading the Missouri Supreme Court’s rules of professional conduct, it’s safe to say having an attorney’s office at the same address as a school district could raise concerns about confidentiality and other issues. While the practice is not explicitly illegal, the arrangement could create a perception of a conflict of interest, which should be avoided at all costs. Education lawyer weighs in

While reporting on this issue, I reached out to the Missouri School Boards’ Association, which referred me to the Missouri Supreme Court’s Office of Legal Ethics Counsel. In an email, Laura Elsbury, the state’s chief disciplinary counsel, declined to comment on if it’s ever OK for a superintendent to hire a school district’s attorney for a private legal matter. “Thank you for your inquiry, but we are unable to provide you with a legal opinion in response to your hypothetical question,” she wrote. I also contacted education attorney Michael Downey of the Downey Law Group in St. Louis. According to Downey, who spoke in general terms, a district’s lawyer could possibly represent the superintendent on such a minor traffic matter. But “handling a more serious issue, however, such as DWI or allegations of misconduct directed at a student would be more likely to create a conflict, and would likely require a waiver from an independent person at the district,” he said.

Nothing in court records indicates Herl did anything more than punch the gas pedal on the 2025 GMC Sierra pickup truck he drove that day. Because he wasn’t traveling to or coming from a business trip on behalf of the Independence School District stakeholders, I must question the use of a district attorney to represent him in court. Other questions patrons in that district must ask the school board include: Are other district leaders afforded the same legal services as Herl? And will Grant or whoever replaces her after the 2025-26 school year have the ability to use the same attorney for private matters? They shouldn’t, but that’s for the school board to decide.