A Lehighton Area School District superintendent who had his contract terminated last week filed a lawsuit Friday against the district and the seven individual board members who voted for the action two days prior.

Jonathan J. Cleaver, through his lawyer Catherine Rowe, is alleging breach of contract, in contrast to the board’s stance that the contract “extensions” Cleaver received over the years violated school code because they were not termed “contract renewals.”

The resolution to terminate to Cleaver’s contract was “invalid, and contrary to school code and the terms of the contract between the two parties,” Rowe wrote in the complaint, which was filed in Carbon County Court.

Rowe said the removal of a superintendent could only occur following a hearing and a majority vote for one of the following causes: neglect of duty, incompetency, intemperance or immorality.

“None of the legal requirements for the termination of Cleaver’s contract were met,” she added.

Directors named in the lawsuit include Joy Beers, Barbara Bowes, Walter Zlomsowitch, Jeremy Glaush, Richard Beltz, April Walker and Kerry Sittler.

Cleaver was hired under a three-year contract with Lehighton on June 18, 2012, running until June 30, 2015.

Jeff Sultanik, attorney for Fox Rothschild, which represents the district, said it is his understanding of PDE policy and school code that the state allows for “contract extensions,” but requires a “contract renewal” after a maximum of five years have passed. That contract renewal would again be required to be three to five years in length.

Lehighton prepared a memorandum of understanding dated Dec. 24, 2014, to give Cleaver an “extension” through the 2017-18 school year. According to the resolution on Wednesday’s agenda, the district’s current legal firm, Fox Rothschild, deems that extension violated school code because the state does not allow you to “extend” an original contract term past five years. It, according to Sultanik, should have been termed a “contract renewal.”

“This was a completely illegal and unauthorized action of the LASD,” Fox Rothschild wrote in the resolution adopted Wednesday night.

Fox Rothschild also advised the school board that subsequent contract extensions for Cleaver in 2017 and 2021 were also illegal.

According to his most recent contract, Cleaver was set to make $147,900 in the 2021-22 school year.

The complaint outlining Cleaver’s lawsuit states that board members have rated his overall performance proficient or distinguished in achieving the desired annual goals of the district since he took the job in 2012.

The Pennsylvania Department of Education renewed Cleaver’s commission following every vote on Cleaver’s contract.

Board President Joy Beers, with the assistance of legal counsel, sent an email on Thursday ordering Cleaver to cease and desist from performing work in the district. She noted concern that Cleaver “would have access to confidential student and employee data without any legal authority or term of office.”

Cleaver is asking the court to “declare the resolution void and reverse any action taken pursuant to the resolution, declare him the incumbent superintendent of the district and grant any other relief deemed proper including attorney’s fees.”

He is also asking for judgment against all defendants in an amount to be determined at trial, inclusive of all economic losses such as back pay and attorney’s fees, and all damages for the embarrassment, humiliation, anxiety and all other suffering, prejudgment interest, plus costs of suit.