Evergreen clause source of dispute in past

SWANZEY CENTER - The latest inquiry by the Attorney General's office isn't the first time the evergreen clause has come into dispute in the Monadnock Regional School District.

The clause, which is a provision that extends the term of a contract beyond its primary expiration date, was originally included in the 2003-06 teachers' contract that voters approved.

But last March, the Public Employee Labor Relations Board ruled the clause unenforceable, arguing that Monadnock residents weren't properly notified of it in the 2003 warrant.

The meaning of that decision has became a source of confusion during this new contract cycle.

Some school board members assumed the labor relations board's ruling axed the evergreen clause from the 2003-06 contract.

"When you have a contract and something through either litigation or through a ruling of a government entity is removed from that contract or declared unenforceable, it's no longer in the contract," said Troy school board representative Douglas Lyman.

But attorney Paul L. Apple said the clause never actually went away. "It's still a clause in the contract. It's just unenforceable," he said. The importance of this distinction?

Based on this logic, if school board members assumed the clause was gone because it wasn't listed as a "change" between the old and new contracts, they were wrong.