The decision comes more than a month after Martinez was relieved of his duties. Lawsuits were then filed and he has since been reinstated.
In addition to mediation, the school board voted unanimously on Monday to approve a $25,000 Offer of Judgment to Martinez. Now, he has to decide if he will take it or move forward with his lawsuit.
"You know I'm going to leave that up to my attorney because, again, it really is more about legal fees," said Martinez. "Again, I am not interested in even a penny. That has never been my goal."
School District Outside Counsel Kent Robison said $25,000 is most likely more than Martinez has paid in lawyers fees, so far. He said it is a cost-benefit analysis, meaning the district is willing to put up some money to not have to go to court and risk losing the $1 million Martinez is suing for.
"Whether or not it's a good thing to pay $25,000 for this lawsuit, I don't know," said Robison. "I don't know exactly what the fees are that have been incurred by the Superintendent, but we're being cautious. If that works, great. If it doesn't work, Mike and I will have to suit up and try the case."
Martinez has ten days to officially accept or decline the Offer of Judgement. If he accepts, the money will come from the district's Property and Casualty Insurance.
The board and Martinez will be headed to mediation under Judge David Hardy at 9 a.m. on September 22.
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