To avoid a conflict of interest, the wife of Cherry Creek Schools Superintendent Chris Smith — who resigned this week amid allegations of a toxic work environment — was supposed to report to Deputy Superintendent Jennifer Perry.

In the wake of Smith’s resignation Wednesday, Perry was named interim superintendent.

According to a Denver7 investigation, insiders said Smith and his wife, Chief Human Resource Officer Brenda Smith, had created a “toxic culture” — leaving employees with no recourse.

A one-page memo dated May 9, 2022 from then Board President Kelly Bates outlined the arrangement.

“In the event that the ability of either Christopher Smith or Brenda Smith to perform their professional duties, including in particular, the ability to make personnel decisions, is impacted by their relationship, I hereby direct the Superintendent to involve both the Deputy Superintendent, Dr. Jennifer Perry, and General Counsel, Sonja S. McKenzie, in any such decisions,” Bates wrote.

“To the extent any disagreement exists in any such decision-making between these designated individuals, Dr. Perry and Ms. McKenzie are directed to make the final decision. To the extent that a decision cannot be made, Ms. McKenzie is directed to retain outside legal counsel for input and advice.”

The memo, however, did not describe how concerns about workplace culture or conduct would be identified, escalated or independently reviewed — nor did it specify what role, if any, the school board would play in overseeing compliance with the arrangement.

Bates declined to comment.

A 2018 district policy precludes supervisors “from evaluating the work of others with whom they have familial relationships” as well as making hiring or salary decisions.

The school board hired Smith in April 2021 — roughly 13 months before Bates drafted the memo outlining conflict-of-interest procedures.

It’s unclear what prompted the memo’s creation or whether it was tied to specific concerns raised at the time.

Hired to replace Scott Siegfried — who retired after more than 20 years with the district, three as superintendent — Smith’s salary was $332,601, according to the district.

The Cherry Creek school board unanimously selected Smith from a pool of two candidates, according to reporting by the Denver Gazette’s news partner, ChalkBeat. Perry was the other candidate.

Smith resigned during an executive session in which the board was to discuss his mid-year evaluation.

The Denver Gazette has requested, but has not received, a copy of Smith’s resignation letter.

Neither Smith nor Board President Anne Egan have addressed the allegations in their public statements.

With nearly 52,000 students, Cherry Creek is the fourth-largest school district in Colorado and consistently ranks among the best in the state, Colorado Department of Education data shows.

The board will begin its superintendent search next month, officials said.