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Toriano Porter

District shouldn’t pay superintendent who lost free speech lawsuit after retirement | Opinion

Independence Superintendent Dale Herl will continue to be paid as a financial analyst. Is this role wise during leadership transition?
Independence Superintendent Dale Herl will continue to be paid as a financial analyst. Is this role wise during leadership transition?

Independence School District Superintendent Dale Herl is living a charmed life — by golly, Herl’s salary last year was $270,000, according to an online database that tracks government employees’ salaries. This week, Herl announced that he will retire from the district, effective June 30. But he will stay on the district’s payroll for another year as a financial analyst.

My question is: Why? Herl has led this Kansas City-area district for 12 years. He makes a great salary and as a longtime educator here in Missouri, he will most likely enjoy the benefits of a healthy pension.

On Wednesday, I requested a copy of Herl’s current contract and financial analyst agreement but had not received a response before this column was published. Because his 2024 salary included a 3.85% raise, according to opengovpay.org, I am quite sure he earned more this past academic year.

Usually, I am not the one to count the pockets of others. But part of my job is to ensure that taxpayers’ dollars are being spent appropriately and judiciously. In this case, I don’t see the benefits of keeping Herl on the district’s payroll for another year.

In the coming weeks, the district will share more details on its search for a new superintendent, according to the news release announcing Herl’s retirement. After he steps down, Herl will serve as a financial analyst through next June.

“In this role, he will continue to support District leadership by providing financial guidance and strategic insight during the leadership transition process,” the statement read.

I will not discount Herl’s qualifications as a district leader. But even one of his highlights — I supported the implementation of a four-day school week — was met with criticism due to the lack of community engagement around the issue.

And we all must question Herl’s ability to remain a steward of taxpayers’ dollars. Herl was sued for violating the First Amendment rights of Independence resident Jason Vollmecke, a longtime critic of district leadership. He had Vollmecke arrested for trespassing because Vollmecke spoke out of turn at a school board meeting. That case was later dismissed on appeal.

Herl also banned the Vollmecke from district property for a year. Vollmecke sued on the grounds of free speech violations and retaliation and won. That needless lawsuit cost the district an untold amount of money in legal fees.

And, according to Vollmecke’s claims in his First Amendment lawsuit, Herl was the subject of other litigation brought forth by district employees and patrons. A quick search of online court records supports this assertion.

Despite his heavy-handed approach to governing, Herl has been paid quite handsomely by the district. In the best interest of all involved, the Independence School Board should reconsider its financial analyst agreement with Herl and move forward with a clean slate.

The taxpayers and patrons of the Independence School District should not pay Herl another cent.

This story was originally published May 21, 2025 at 1:27 PM.

Toriano Porter
Opinion Contributor,
The Kansas City Star
Toriano Porter is an opinion writer and member of The Star’s editorial board. He’s received statewide, regional and national recognition for reporting since joining McClatchy in 2012.
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