The Albert Lea School Board voted not to authorize an investigation Monday regarding alleged misconduct by the superintendent to a former employee.

The school district did not release the employee’s name and have not verified the nature of the investigation. Former Albert Lea band teacher Peter Gepson reached out to the Tribune with information about the vote.

The board’s vote came in response to Gepson’s request that the board investigate his allegations that Superintendent Mike Funk broke a law by sending a letter to his current employer in early 2012.

The letter was in response to Gepson’s letter to the district requesting an unrequested leave of absence reinstatement.

Gepson’s position as band teacher was cut in April 2011 as part of a building realignment. Teachers are allowed to apply for reinstatement for five years after being placed on an unrequested leave of absence.

Gepson also alleged that Funk harassed him via email in April.

The measure passed on a 4-2 vote. Board members Bill Leland, Mark Ciota, Linda Laurie and Dave Klatt voted not to authorize an investigation. Julie Johnson and Jill Marin dissented.

The resolution stated the incident had been previously addressed with Funk and did not warrant disciplinary action. The board stated it did not authorize an investigation into the matter and considered the decision final.

“The board pledges its resolve to remain focused on the education of the district’s students,” the resolution stated.

Gepson wrote a letter, which was disseminated to the board last month requesting an investigation into Funk’s behavior after he left.

“However, in the five years since I left, your superintendent has behaved in a vindictive and unprofessional manner in his dealings with me,” Gepson said.

He alleged Funk broke the law and allegedly violated the Minnesota Office of the Revisor of Statutes ‘Code of Ethics for School Administrators.’

Leland, who was chairman of the board at the time of the first alleged incident, said the matter has been handled.

“It was dealt with five years ago,” Leland said. “It’s finished; it’s a non-issue.”

Marin said she was not in agreement with the measure, noting she did not have the chance to review the resolution before it was discussed after the closed session.

“This is unprecedented,” she said of the resolution, noting she was not aware of the resolution before it was brought up by the board.

Gepson said he was not surprised by the board’s decision, noting he said he thinks the board has been protecting Funk.

“I did not think the board would have the guts to go after this,” he said.

Gepson claimed Leland’s finding that the first incident happened in 2012 does not negate the incident.

“Wrongdoing does not expire,” he said.