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Teachers Union Blisters School Board Over ‘Fiscal Irresponsibility’ and ‘Unjust Actions’ in Attorney’s Pending Firing

November 1, 2023 | FlaglerLive | 21 Comments

Beth Keer, the legal guardian of a student at Matanzas High School and a former human resources director for a national behavioral health organization, addressed the school board at its last meeting on Oct. 26, when it set the parameters of firing School Board attorney Kristy Gavin, without stating just cause. ". This is a high risk termination which could result in a claim of wrongful discharge, which could be in this particular case, I would say, in excess of a $500,000 claim or potentially an EEOC claim," Keer told the board. "It appears to me that it's a desire by some board members to terminate Ms. Gavin's contract not based on facts but rather based on personal agendas." (© FlaglerLive)
Beth Keer, the legal guardian of a student at Matanzas High School and a former human resources director for a national behavioral health organization, addressed the school board at its last meeting on Oct. 26, when it set the parameters of firing School Board attorney Kristy Gavin, without stating just cause. “. This is a high risk termination which could result in a claim of wrongful discharge, which could be in this particular case, I would say, in excess of a $500,000 claim or potentially an EEOC claim,” Keer told the board. “It appears to me that it’s a desire by some board members to terminate Ms. Gavin’s contract not based on facts but rather based on personal agendas.” (© FlaglerLive)

Elisabeth Dias, president of the Flagler County Education Association, the teachers union in the district, sent the following letter to FCEA’s membership this week regarding the Flagler County School Board’s wish to fire Kristy Gavin, the school board attorney. Three school board members–Sally Hunt, Will Furry and Christy Chong–want Gavin fired.




Board Chair Cheryl Massaro and Board member Colleen Conklin do not. They cite Gavin’s history with the district, her clean evaluations over 17 years, the absence of just cause in the majority’s wish to fire her, and the risk of incurring costly litigation and damages should the board follow through with the firing. The board agreed last week to negotiations between Gavin, Massaro, Superintendent LaShakia Moore and an outside attorney on the possibility of shifting Gavin to staff attorney, answering to Moore, not the board. Failing that, the board would fire Gavin within 60 days.

I am writing to bring your attention to a critical matter that demands our collective action and unity. The school board’s recent actions pose a serious threat to the rights and well-being of our members, as well as the financial stability of our school district.

The school board is currently in the process of wrongfully terminating Kristy Gavin, the school board attorney. Ms. Gavin has served our school district well for 17 years, leading Flagler Schools through many tumultuous times. Her institutional knowledge of Flagler is irreplicable.




This decision to terminate Ms. Gavin’s contract sets a dangerous precedent of dismissing employees without just cause. This not only jeopardizes the job security of all school district employees but also undermines the principles of fairness and due process that we hold dear.

In addition to this alarming development, we are deeply concerned about the fiscal irresponsibility demonstrated by the school board. By pursuing this wrongful termination, they are assuming the risk of a costly legal battle that could potentially cost hundreds of thousands of dollars and additional costly legal fees for outside council.

FCEA’s proposal for additional salary increases was deemed fiscally irresponsible for proposing to use the General Fund balance to increase salaries and was ultimately rejected, all while our School Board makes decisions that could put the district in financial ruin.




At a time when our teachers and support staff are struggling to make ends meet with less-than-livable wages, it is unacceptable for the school board to prioritize such actions over the well-being of those who tirelessly contribute to the education and growth of our students. Resources are better served in increasing pay, ensuring safety in our schools, and ensuring we have all the necessary means to educate our students.

Please watch the board meeting in which certain members of the board had little regard for just cause, due process and the financial impact of their decisions.

Now, more than ever, we need to stand together and make our voices heard. We must organize to resist these unjust actions and demand accountability from the school board.

We will hold an FCEA Organization Meeting to discuss next steps! This information session serves to update all members on the situation, ensuring that everyone is aware of the potential consequences and implications of the school board’s decisions.

We urge you to actively participate in these efforts to protect the rights and livelihoods of our fellow colleagues and the stability of contracts and due process. We want a collective effort at the November 28th school board meeting. Together, we can make a difference and ensure that the school board prioritizes the well-being of the entire school community.

Stay tuned for further updates on our collective actions and thank you for your commitment to justice and fairness.

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Reader Interactions

Comments

  1. Dee says

    November 1, 2023 at 4:14 pm

    Thank you for your comments very well said who needs to be fired is the three stooges of the board

  2. Tired of it says

    November 1, 2023 at 4:25 pm

    Glad she and the union are calling out the clowns on the board. They are a sorry excuse for a school board.
    What you get when you vote for people because of their party affiliation and not their credentials.

  3. Zuffalina says

    November 1, 2023 at 5:23 pm

    Textbook EEOC case. The prime movers in this termination should familiarize themselves with EEOC wrongful termination cases and the extraodinary success rate (over 90%) of same… not to mention the discovery process. FYI…to a Board that tries to avoid Sunshine, an EEOC case is more like an MRI of the claim, the parties, the defenses and, of course, the allegations of “good cause.

  4. Stupid is as stupid does says

    November 1, 2023 at 5:28 pm

    To dumb that down for Will Fury and his tiny uneducated brain, you are in way over your head and you and your 2 cronies are about to cost this County a large amount of money .
    Here is an idea, get off you high horse ,maybe start by figuring out how you got scammed outta $700,000 on your watch before you burn more bridges

  5. For Once Put Our STUDENTS FIRST! says

    November 1, 2023 at 5:37 pm

    Flagler County School Board members, Sally Hunt, Will Furry and Christy Chong, are neglecting the STUDENTS in Flagler Schools! Shame on them! Among the powers and responsibilities of school board members is to adopt standards and policies to provide each student the opportunity to receive a complete education program in accordance with the state Standards and to provide financial oversight of district funds. This has not been the rhetoric at school board meetings. Rather we witness personal vendettas, the practice of vengeance against personnel, as well as unnecessary expenditures for audits and outside attorneys.

    Attorney Gavin is in the driver’s seat to file an Equal Employment Opportunity Commission (EEOC) lawsuit. This could result in a settlement reaching 7 figures (This is a figure in the millions of dollars, to clarify for the school board members who seemingly have yet to pass the course, Common Sense 101) The ramifications of such a settlement would adversely affect the coffers of the district.

    The three members claim to have consulted with attorneys to ensure they take the right steps to dismiss Kristy Gavin; albeit without “just cause”. This begs questions: Is there a relationship between these henchmen and the local attorney at odds with the school board? Are these attorneys concerned about policies providing Flagler District Schools students a complete education? Are these attorneys focused on the fiscal responsibility of the district? Are these attorneys providing information aligned with their own personal gain?

    Here’s something to consider from recent news outlet reports:
    April 12, 2023, Palm Coast Observer, After the Superintendent Vote: Accusations, Recriminations: “Hunt had spoken with local principal Paul Peacock …….and was represented by local attorney Michael Chiumento III, vice chair of the chamber’s board.”

    May 31, 2023, Flagler Live: As Investigation of Principal Paul Peacock Nears Conclusion, His Absence from Reappointment List Draws Speculation: “Peacock is represented by Michael Chiumento III, the Palm Coast attorney who had also sought to meet with Hunt in the run-up to Mittelstadt’s firing, and who was part of a :push from the local, self-styled chamber of commerce against Mittlestadt.”

    August 25, 2023 Flagler Live article, Deep Disagreements Remain Between School District and Cities and Builders Over Enrollment and Impact Fee Dues: “Michael Chiumento, the land use attorney who represents innumerable developers and some of the largest developments in the county…”

    In the best interest of the students they represent, the aforementioned school board members need to put our students first, check their egos at the door and play nice in the sandbox. When working collaboratively castles can be built.

  6. Interested Observer says

    November 1, 2023 at 6:15 pm

    So Ms. Beth Keer agrees with me in that Attorney Gavin is and will be perfectly within her rights to file an EEOC lawsuit regarding workplace harassment, hostile work environment and firing from her position without just cause. I do believe she can actually go ahead and file a lawsuit now.

    Furry, Chong and Hunt probably have no clue what the EEOC is (until comments on FlaglerLive about it, including mine and Ms. Keer’s).

    Furry, Chong and Hunt are so drunk on their perceived power (little minds) that they have no clue what it’ll be like to have the feds breathing down their necks and investigating each of them in intense detail. Too late now. The damage has been done. The wheels have been set in motion by the 3 little minds drunk on their perceived power. Plus, their behavior and comments are all on video and audio so those three can’t backtrack and say none of it ever happened and they can’t claim ignorance.

    Ms. Keer estimates an EEOC lawsuit would cost the Flagler County School Board in the range of $500,000. I disagree because a federal lawsuit via the EEOC will bring federal charges and federal penalties.

    Furry (who’s known to be a bully), Chong and Hunt will bear the brunt of the federal government investigation because it is they who’ve initiated all the targeting of Attorney Gavin without any just cause other than conjecture.

    These three don’t even have a clue about the Sunshine Law. You’d think they would have studied up on it, especially when making statements in public proceedings about talking “behind closed doors”. (State of Florida penalties too?)

    I would urge Attorney Gavin to go ahead and file an EEOC lawsuit NOW. The EEOC office for this area is in Miami. Furry, Chong and Hunt can’t hide from the truth of the situation once the feds get involved. Plus, should that happen I’d like to add my 2 cents and tell the feds about Will Furry’s PPP fraud. But the IRS, SBA-OIG, FBI and DOJ are actively investigating and prosecuting PPP fraud, so he may be on their radar anyway. Things don’t look good for any of the three lower than low school board members (specifically, Furry, Chong and Hunt). Those 3 deserve whatever comes forth.

  7. Interested Observer says

    November 1, 2023 at 6:41 pm

    Here’s an addendum to my first (lengthy) comment on Ms. Keer’s warnings noted in the FlaglerLive story above:

    1. These 3 school board members (Furry, Chong, Hunt) were presented to the community during election season, and backed by Jill Woolbright, Sharon Demers, Jearlyn Dennie (“the fake pastor”), Kathy Austrino, (and their group of toxic, dysfunctional and divisive hangers-on). These 3 school board members are what you get when you vote ideology instead of the best person for the job, though we had slim pickings at the time.

    2. Getting back to an EEOC (federal) lawsuit if filed by Attorney Gavin, there’s also the history of these 3 school board members getting rid of a perfectly good Flagler Schools Superintendent, Middlestat. The feds will find that firing very interesting too.

  8. Jim says

    November 1, 2023 at 6:58 pm

    Will Furry and Sally Hunt are complete idiots. I would not believe anything either one of them say. I listened to the “discussion” starting with Furry’s full blooded attack on Ms. Gavin regarding his so-called “meeting” with her about her status and after hearing both Furry and Gavin, I have absolutely no doubt the meeting went almost exactly as Ms. Gavin states.
    The three members of the school board who want Ms. Gavin fired have not provided a single fact or incident that has triggered this situation. If/when they terminate her, I know from experience that Ms. Gavin will undoubtedly win a large settlement based on the apparent extreme weakness the school board decision is based on. That will be paid by the county tax payers.
    I congratulate the Flagler County Education Foundation for submitting this letter. I find the logic and positions stated in this letter are valid and represent some sane evaluation of this situation and the long term risk to the school system. I also fully agree that this school board is not concentrating on school system issues and are tunnel-visioned on their personal issue(s) with Ms. Gavin. When this is over, the damage to Flagler County schools will be long term.
    I am completely disgusted with Furry, Hunt and Chong. They are a complete disgrace.

  9. Not Shocked says

    November 1, 2023 at 8:04 pm

    This school board is broken. Hunt, Chong, and Furry demonstrate that they have no experience in leadership or management positions.
    I can’t understand how they don’t see a huge lawsuit if they attempt to terminate a contract employee within the bounds of their contract without cause.
    Ms. Hunt seems to think she has cause. She says she has consulted a lawyer but hasn’t documented anything. Nonsense.
    Will Furry is just completely lost here. He’s out of his depth. It’s obvious he’s really never been a manager of people.
    Ms. Chong is just restating the same incorrect points time after time.
    After listening to the recording it seems obvious that Hunt, Chong, and Furry conspiring outside of board meetings. Someone else is pulling their strings. They are violating sunshine.
    What ever happened to job #1 – educating children of Flagler County?

  10. James says

    November 1, 2023 at 8:33 pm

    $500,000???… $500K sounds like what some nut would pay for an old pair of Donald Trump’s socks on ebay. Not even close to what Gavin could get… start a little higher, like $1,000,000 at least.

    This woman has been at that position for seventeen years without incident, and now she’s being let go without cause… two years shy of retirement with full state benefits. There’s something particularly despicable about that last fact… NO matter WHO it happens to. And it’s something any jury in Florida would relate to on a personal level. I can only imagine how high the settlement might be.

    Gavin will sue Flagler County or perhaps the state… or both. Then Flagler County, on behalf of the tax payers (that they care so much for), will sue the three amigos for damages incurred by malfeasance of due diligence. The malfeasance of due diligence not being related to the lack of effort in discovery (the hiring of outside counsel) in in the proper process of termination. But in proceeding against the multiple requests from the other board members as to the lack of disclosure of reason. This lack of regard for the concerns raised multiple times by Massaro and Conklin are grounds for the malfeasance case against them by the county on the part of we, the tax paying public for whose interests they were entrusted, but clearly, intentionally, negligent in protecting.

    Just my opinion.

  11. TREEMAN says

    November 1, 2023 at 9:59 pm

    Here we go AGAIN, more WASTED taxpayer funds on legal fees! Fury got elected because he was supported by the GOP SWAMP! The Flagler County GOP MUST be CLEANED OUT and replaced with REAL Conservatives WHO Work for the Taxpayers! Fury MUST RESIGN NOW BEFORE he SCREWS the Taxpayers with MORE Legal Fees!

  12. Concerned Citizen says

    November 2, 2023 at 4:10 am

    All this disgust vented on Flagler Live.

    WHAT ARE WE DOING ABOUT IT AS A COMMUNITY?

    I have provided the information for recalls. And I’ve given emails and phone numbers. Why are we waiting yet again for another election cycle to roll around?

  13. School Board Sally My ... says

    November 2, 2023 at 4:57 am

    Hunt, Chong, Furry are what’s wrong with our Board. It is am absolute disaster due to them.. but with a special emphasis on Hunt who ran on a lie to get there, and now ducks left and right from public appearances as a result..

  14. Lorraine says

    November 2, 2023 at 8:57 am

    The gang of “3” Chong, Furry and (witch)Hunt need to be the one’s “fired”! There is plenty of “just cause” for their firing!! Vote them out!!

  15. Robert Joseph Fortier says

    November 2, 2023 at 10:51 am

    I am a Republican from mostly up north till I moved here. I have run for office and won each time in votes, and I did that because I cared about my state and county.
    I have never experienced such stupidity and self-centeredness as I have in Flagler County.
    When you vote for candidates please do some homework, choose those who care about our county, those who will represent all people, well…the sane ones.
    You all look like fools, except to your selves.

  16. Bill C says

    November 2, 2023 at 12:13 pm

    Furry/Hunt/Chong are focused on pushing their personal political/religious agendas.

  17. Tired says

    November 2, 2023 at 1:09 pm

    Excellent points! Additionally, Greg Blose the Chamber of Commerce President & CEO who initiated the call to not renew Mittelstadt’s contract, answers to a board of directors. The VP of that board is again, Michael Chiumento III. Imagine that, folks just don’t realize how much of a driving force he has been in Flagler county! Take a look at their board members and BOYCOTT THEIR BUSINESSES!!! WAKE UP FLAGLER COUNTY!!
    https://palmcoastflaglerregionalchamber.com/board-of-directors/

  18. James says

    November 2, 2023 at 1:21 pm

    $500,000 for a pair of old socks???

    I guess if they were signed and numbered… and verified by Heritage Auctions. I can almost see the ebay listing now…

    “Only one (of five) pairs worn by Trump on January 6th, 2021… signed, numbered and verified by Heritage on site, on the very afternoon of the capital riots… near mint condition.”

    Of course you could never actually hold them… or wear them… since breaking the seal would diminish there value significantly. But even so, being 25 percent polyester, 25 percent cotton and 50 percent gold fiber blend they’re sure to appreciate in value. Originally part of the exclusive “Trump Gold-Toe-Compression” socks brand…

    “Forget Copper, If You Ain’t Got Gold, You Ain’t Got Compression.”

    Now that’s a pair of socks worth $500K.

    Just my opinion.

  19. Edith Campins says

    November 2, 2023 at 3:27 pm

    I hope she sues them for a lot of money. This is a wrongful termination if I ever saw one. They have no evidence of any wrong doing on her part.

  20. James says

    November 4, 2023 at 9:51 am

    Ya know, that slogan, good… but not “great.”

    Been thinking about it (don’t really know why).

    Here’s a better one…

    “Who Cares If The Streets Aren’t Paved In Gold, When You’re A Man In Golden-Toes”

    Perhaps they can get AI Shirley Bassey to sing the jingle.

    Just a sock slogan, nothing more.

  21. James says

    November 4, 2023 at 3:12 pm

    Jingle?

    Goldtoes … Goldtoes
    …
    He’s a man, a man with the golden hose…

    Goldtoes…
    Goldtoes
    …
    He’s no
    …
    twinkle toes…

    He’s got gold!
    …
    He wears ONLY gold!

    He’s GOT,
    GOOOOOOOOLD!

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