By Christopher Haraden

The town has agreed to pay former Hull Public Schools Superintendent Michael Devine $700,000 to settle a lawsuit that alleged wrongful termination, defamation, and civil rights violations, among other charges.

The unanimous vote to fire Devine came in 2020 after the school committee learned that he had sent suggestive text messages to a 21-year-old former student. According to court documents, the man, who was living in Florida, threatened to “go public” about the situation unless Devine resigned; he also contacted other administrators to alert them about the texts he received from the superintendent, who had previously served as the high school principal.

The school department conducted an investigation and replaced Devine, who had been appointed superintendent in 2017, with current Superintendent Judith Kuehn, who is retiring later this month.

In 2021, Devine filed a $5-million suit against the town, the school committee, and individual members David Twombly, Stephanie Peters, Jennifer Fleming, Lucas Patenaude, and Eric Hipp, alleging discrimination based on his sexual orientation, civil rights violations, breach of contract, defamation, and economic and emotional damages.

Click here to read the full text of the settlement agreement

Click here to read the full text of the Devine v. Town of Hull lawsuit

On May 29 of this year, in the middle of the second day of testimony in front of a Boston jury, the parties told Judge Patti B. Saris that a settlement had been reached. The terms were finalized this week; in addition to the monetary damages, the school department agreed to issue a statement thanking Devine “for his years of honorable public service” and to write him a letter of recommendation for future employment.

Of the $700,000 that will be paid to Devine within the next 30 days, $300,000 is covered by the town’s insurance policy, while the school department will pay $250,000 and the town’s general fund will contribute $150,000. Neither party admitted any wrongdoing and each agreed to pay its own legal fees.

After receiving a copy of the settlement agreement late Wednesday afternoon, the Times reached out to Kuehn, Twombly, Town Manager Jennifer Constable, and select board Chair Irwin Nesoff about the source of the $400,000 that the town and school department must pay. It is unclear whether the settlement payout was anticipated in the current budget or if cuts will be made to accommodate the payment. None responded by the Times’ print deadline.

Also on Wednesday, the school department sent an unsigned email to parents with the statement that the parties had “resolved their differences to the satisfaction of both sides regarding the termination of Michael Devine.” The message indicated that the town “thanks Michael Devine for his years of honorable public service … and wishes him well on his future endeavors.” A similar message is contained in a three-paragraph letter of recommendation signed by Twombly that is part of the settlement.

In court last month, the school department’s attorney argued that Devine’s termination was not discriminatory but resulted from the superintendent’s “texting with a student who looked up to him as a father figure and who he knew had significant mental health issues.” Court documents indicated that Devine admitted that his behavior had “crossed the line.”

Devine’s attorney alleged that his “sexual orientation was a deciding factor in his termination,” and that texts with a 21-year-old adult are not under the jurisdiction of the school committee. His attorney said that the school committee had labeled Devine a “groomer” because he knew the former student from his time as Hull High principal.

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