COLDWATER (WTVB) - A formal complaint to the Michigan State Bar Grievance Commission against Chief Assistant Branch County Prosecutor Mark Webb will be filed by the Coldwater Board Of Education. The board’s unanimous motion passed last night and also authorized its legal council to contact The State Attorney General’s Office requesting an investigation.

The action stems from a 2008 case in which Coldwater High School secretary Alberta Osborn was charged with embezzling $15 thousand dollars from various student activity funds. Last August, Webb contacted then Superintendent Dr Dale Martin proposing a settlement of $1000 and a dismissal of charges when the $1000 was paid.

In September, the school board voted to reject the settlement and instructed their attorney to send a letter to the prosecutor’s office rejecting the proposal. Last month, Webb told District Court Judge Brent Wiegle that Martin and School Board Trustee Ron Smith had ‘”reluctantly agreed” to the settlement and since Osborne had paid the thousand dollars, the charges were dismissed.

According to the school board Webb ignored the letter from the district’s attorney and both Smith and Martin denied that they agreed to anything. Two weeks ago, Branch County Prosecutor Terri Norris said there was no misconduct by any member of her staff relative to the Osborne matter.

The Board Of Education, in a statement read last night by board President Robin Iveson, said it is good public policy to settle differences amicably whenever possible, however she added that Dr. Martin and Ron Smith vehemently deny that they agreed reluctantly or otherwise to dismissal of the charges and that it is totally out of character for Dale and Ron to agree to a position that would result in adverse consequences for students.

In other action last night, the Board Of Education formally approved a three year contract for new Superintendent Dr Tina Kerr beginning July first with an annual salary of 130-thousand dollars.