By JOSEPH FITZGERALD

NORTH SMITHFIELD — State Education Commissioner Peter McWalters has upheld the North Smithfield School Department’s motion to dismiss a wrongful termination complaint filed by Raymond Boss, the department’s former director of facilities and food services who was fired by the School Committee in 2006.

Boss, who says his firing by the committee was improper and violated his rights, filed a complaint with the State Department of Elementary and Secondary Education two years ago. Last week, McWalters dismissed the claim, saying it is not within the department’s jurisdiction to rule on such matters.
“The claim of Mr. Boss that his termination by the School Committee on Nov. 20, 2006
was improper or violated his rights is not a claim over which the commissioner has been granted, or should exercise, jurisdiction," the Department of Elementary and Secondary Education said in a statement released last week.
The North Smithfield School Committee discussed the Boss matter in executive session at its meeting Tuesday night, and there was an action item regarding the “Boss litigation” under new business on the agenda, but no action was taken by the committee nor was there any discussion on the matter.
Boss could not be reached for comment yesterday.
Boss’s attorney filed the complaint on Nov. 29, 2006, about nine days after the School Committee voted to fire him. A hearing was held at the Department of Elementary and Secondary Education on May 30, 2007, at which time, lawyers for the School Department made a verbal motion to dismiss Boss’ claim on the basis of lack of jurisdiction.
Boss’ attorney at the time said he would file a written objection to the motion by June 20, 2007, but then asked for an extension to July 6 of that year. When that deadline came and passed without an objection by Boss’ attorney, the hearing officer in the case gave Boss’ lawyer until Dec. 21, 2007 to file an objection. On Dec. 13, the hearing officer was notified that Boss was no longer represented by legal counsel.
Boss was contacted on Feb. 12, 2008 and told that he had until March 3 in which to file a written objection on the issue of jurisdiction. On Feb. 29 Boss requested an additional continuance so he could obtain records from the North
Smithfield School Department and Rhode Island Department of Education. That request was denied.
“The motion to dismiss for lack of jurisdiction over the subject matter of this dispute stands without objection and no arguments have been presented by either Mr. Boss or his former counsel with respect to why the commissioner should review the decision of the School Committee,” the state Department of Education said in its statement. “In this posture, the motion must be granted.”
According to the state, Boss’ firing was by a “decision or doing” of the School Committee, “however, not all persons aggrieved by a decision or doing of a school committee have a right to appeal to the commissioner,” the statement said. “It is only when the dispute ‘arises under any law relating to schools or education’ that the aggrieved party may appeal to the commissioner."
Lawyers for the State Education Department argue that Boss’ firing from his job as director of facilities is akin to the termination of a school business manager “and the commissioner has expressed doubt as to his jurisdiction in such a dispute.”