Superior Judge Thayer Fremont-Smith has rejected the arbitration ruling issued last October that called for Charles E. Coughlin Jr. to be reinstated to his position with back pay. In a ruling March 2, the judge calls for a new arbitration before a new arbitrator.

The judge wrote that in ruling Oct. 27 arbitrator Richard G. Boulanger "did not make any findings or draw any conclusions about Coughlin's conduct." Instead, the arbitrator excluded any consideration of conduct and focused only on the administration's failure to follow the schools' policy about anonymous complaints. Read the full document here >>

The judge overruled a decision following 18 months of arbitration, said to be the longest in state history.

"Judge Fremont-Smith got it right; and we're studying the impact on the federal claim," Barry Klickstein, the attorney for former Superintendent Nate Levenson, wrote in an e-mail March 9.

Alan S. Miller, of Stoneman, Chandler & Miller LLP, which represents the Arlington public schools, noted March 9 that his firm argued the appeal pro bono. He declined to respond to a question about the ruling's impact on the lawsuit.

Frank Mondano, the attorney for Stavroula Bouris, the former Ottoson principal, and Coughlin, has been asked to comment. Bouris and Coughlin were fired in August 2007 following an investigation into e-mails between them.

Mondano has not responded to YourArlington, but The Globe reported March 9:

"Mondano maintained there was never any misconduct by Coughlin, and he and his client are now considering their options, including whether to appeal the judge’s decision or go back through the arbitration process."

Judge Fremont-Smith wrote that Boulanger based his ruling on the anonymous-complaint policy "despite the fact that such e-mails are public records, APS employees have no right to privacy in such e-mails and APS has reserved the right to monitor such employee e-mails.

The judge cites the basis for Boulanger's ruling and then writes:

"This Court disagrees that the arbitrator had 'no arbitral authority to selectively enforce only some of Arlington's policies.' Indeed, he ended up selectively enforcing only one of Arlington's policies, the one as to anonymous complaints, to the exclusion of the Staff Conduct Policy ...."

Judge Fremont-Smith's ruling then cites precedents in his effort to support his conclusion, "that the arbitrator did exceed his powers and that the award must be vacated."

This story was first published at 5:45 p.m. Monday, March 8, and updated March 9 and 11.