The value of Flagler County School Board Kristy Gavin’s contract over the next 20 months is $327,807 in salary and benefits, according to an analysis by Patti Wormeck, the district’s Chief Financial Officer.
The figure does not include additional money owed such as accrued and unused vacation and sick pay, which would be owed at retirement. Calculating that in brings the value closer to half a million dollars. That also leaves out the possible consequence of a firing on Gavin’s pension under the Florida Retirement System. If she were to be fired, “the future pension payments would decrease by $836.54 monthly totaling an annual decrease of $10,038,” Wormeck concluded in a memo to the board that was not made public.
Should Gavin litigate her firing and include the loss of potential retirement income, based on a 20-year retirement among damages she would seek to recover, that could add another $200,000.
But that’s assuming she would litigate or would even prevail. Even then, the numbers would be in dispute.
The majority of the board that wants her fired thinks it will owe her at most 12 weeks’ pay plus two weeks’ sick leave. Its assessment “appears” backed up by a memo from the independent firm the board hired to analyze Gavin’s contract. Appears, because the firm used that very word to reach its conclusion.
So the road ahead is more murky than certain, at a time when the board’s finances are not solid, and when its teachers union is grumbling about the board’s cavalier carelessness with money while claiming tight budgets and low reserves. (See: “Teachers Union Blisters School Board Over ‘Fiscal Irresponsibility’ and ‘Unjust Actions’ in Attorney’s Pending Firing.”)
“When I look at the figures that are possible here, it’s astounding to me,” Cheryl Massaro, board chair who asked Wormeck for the analysis, told her colleagues at the last board meeting, a special session on Oct. 26 where a majority of the board–Will Furry, Christy Chong, Sally Hunt–was ready to fire Gavin then and there. Though Wormeck had distributed the analysis at the meeting, it did not appear as if some of the board members had seen it.
“It scares me tremendously because of this financial situation we have here now in this district. Losing $700,000 doesn’t help,” Massaro continued, in reference to the $726,000 the district lost to a phishing scam when it paid the money to a fraudster, while thinking it was paying the contractor building the Matanzas High School addition. “Now, going into the possibility if you proceed with termination without cause, which it’s going to end up that way, if we go that route, that can cost us easily additionally, $500,000.”
“That’s not true,” Chong said. “Who advised you of that?” Furry asked. Massaro pointed to the memo in front of them. Massaro went through the analysis, which outlines Gavin’s contract’s cost over two years. Four months’ costs from the current fiscal year are subtracted, having been incurred. The rest lists her base salary of $132,325 for this year, state pension costs, Social Security, Medicare, disability and so on, adding up to $128,465 for this year, $199,342 next year, assuming a 2 percent raise. Then comes vacation and sick time.
“And of course, Ms. Chong didn’t believe me, ‘No, that’s not true.’ Yes, it’s very true,” Massaro said in subsequent interview. “It’s what the contract is worth. And then there’s a disruption to her retirement. And then that’s when you get into the the additional costs that are necessary for us paying her retirement until whatever.”
The analysis by Shutts and Bowen, the independent law firm, restated various parts of Gavin’s contract. It provided four methods of potential termination–mutual agreement, death or disability, which is not likely, voluntary resignation, which Gavin is not considering, and just cause.
A staff-level meeting is scheduled Monday between Superintendent LaShakia Moore, Gavin and Massaro on the possibility of transitioning Gavin to a staff attorney position, assuming Moore is agreeable to the arrangement and the board ratifies the new job description. Furry has spoken adamantly against keeping Gavin under any job title.
Otherwise, it leaves the board with just cause as its only option to fire Gavin. Just cause would have to entail dereliction of duty, misconduct in office or violation of law.
Hunt alone has claimed to have just cause, going as far as saying that she has had confirmation from three different attorneys that her causes are just. “I have been advised by counsel that I have just cause now,” Hunt said.
“I spoke to counsel about your just cause and they say you’re absolutely crazy,” Massaro told Hunt.
Hunt has disclosed neither the identities of the attorneys nor the causes, only hinting here and there at mostly vague issues or personal slights that don’t appear to rise to just cause.
If Gavin is fired for cause, she has the right to challenge the determination through an administrative hearing. The administrative hearing judge would rule on whether just cause exists or not. If the judge rules that just cause exists, Gavin is not entitled to any money.
If the judge rules that just cause does not exist, the judge would award Gavin 12 weeks of base pay, without benefits, and two weeks of sick pay. That’s in line with state law, which limits all severance packages to a maximum of 20 weeks’ pay, the memo notes.
The memo seems clear: “Thus, if the School Board is prepared to negotiate a resolution that does not exceed the 12 weeks of base salary, plus accrued sick and annual leave, then the negotiation of a mutually agreeable separation agreement, including a general release of claims, would appear to be the best option available to expeditiously resolve this matter and limit the District’s financial exposure.”
But just as clear is the potential for claims and subsequent, potential financial exposure should Gavin opt to take the route of litigation, bypassing administrative law judge–either through an Equal Employment Opportunity Employment claim, or through circuit court: contract law is not easily circumvented, once wrongful termination is invoked.
Conklin and Massaro had asked in writing for the independent law firm to answer specific questions about potential litigation: “how do we avoid a Wrongful Termination Lawsuit?” Massaro had asked. “Are we required to buy out Mrs. Gavin’s contract? If so what’s the entire cost?” Conklin asked. The questions were forwarded to Furry, who was the liaison with the independent law firm. There is still no indication that Furry forwarded the questions to the firm–he has made zero documents part of the record–and there are no answers to those questions from the law firm.
Even as the school board prepares yet again on Tuesday to have a discussion about Gavin’s future–with a Schutts and Bowen attorney present, at over $500 an hour, at least by zoom–essential questions about her firing remain unanswered.
Nancy Skadden says
Why is it that the public doesn’t know what the just cause is?
Moi says
Because Sally Hunt has the emotional maturity of a 13 year old.
The dude says
No documentation. No articulation to the people who they work for (us) about what this ambiguous “just cause” actually is. All these mysterious lawyers used to justify this have yet to be identified.
Sounds pretty solid. Let’s fire the long tenured lawyer a few years out from collecting her pension and roll the dice.
The operative word being “lawyer” here.
Gavin is most likely holding her cards close to the vest here, but it would be foolish to believe that this won’t go to litigation if these morons proceed. Nor would I expect, or believe, her to just accept some sort of lateral move to placate these idiots.
Gavin is probably looking at a firing as a best case scenario for herself at this point. If they were to just drop it, then she’d have to continue working with the three dullards until the next election.
Jesus… what the hell have you people done electing dumb, dumber, and dumbest to the school board?
James says
Nice to see the county pull out the contract with the “right to work state” statement… or should I say, “right to be fired for any reason” clause. Sorry, but I think this is a somewhat different situation… but it does go a long way in clarifying (in my mind anyway) why Florida is indeed the transient state that is, and always will be… who would want to work here if one had the choice?
No one, that’s who.
And the people that make the difference, the people of talent, of knowledge and of ambition… those that make a commitment to career and community… they have that choice. Whether native Floridians or not.
And so in seeing this situation for what it is, I can honestly say I now know why this place is a revolving door of mediocrity. And one that should never ever be taken seriously again by anyone.
My opinion.
Laurel says
James: As for “no one” wanting to work here, that’s a limited viewpoint. I’ve been a jack of all trades, and one trade was civil service. Civil service has decent benefits, but one will ever get rich. Private industry was a bit better than that for bigger salaries and promotions, and they let us know how superior they were. That was until the great recession. Then, private industry workers were all mad at civil service workers. Quite the flip, and a jealous one at that.
As for the revolving door, Florida has always been one of the “end of the road” points. That means it attracts people with “issues” who are trying to escape something or another. When they realize it’s really them who are the problem, they move on. Sometimes home, and sometimes to another end of the world point.
James says
I’ll only add one thing more to the comments regarding this Gavin saga Laurel.
Someone has mentioned further down that Furry will eventually end up “chair ing” the board.
Yet what has he done to better himself for that opportunity?
Has he taken any child development courses, or at least read up on the theories and methodologies of learning and education? It seems no, all he’s been busy doing is focusing on removing Gavin… it’s busy work, I’m sure. But shouldn’t he also be working to improve himself? And I do sincerely mean this… he’s been given an opportunity that others haven’t, one for which he might learn and progress. What’s he been doing with it?
If there are no education studies programs here in Flagler (since perhaps their are no community colleges here) could he not enroll in one in Daytona?
Just another observation… my last one in this regard.
RobdaSlob says
I’m not a legal expert but do you mean “at will” – Florida is a “right to work” state meaning you don’t have to join a union. (A union probably sounds pretty good to a certain attorney). Florida is also “at will” which means you can be let go for any legal reason.
James says
Unions?
The closest thing that resembles a union in Florida is a chain gang.
Just my opinion.
Michael Cocchiola says
When was the last time the three amigos discussed how to make life better for Flagler County’s students, teachers and administrators? Since those three were elected, they’ve embroiled the school board in acrimony, culture wars, perceived personal slights and petty arguements.
Those three – Furry, Chong and Hunt – are poisoning our school system. They will only get worse when Coleen and Cheryl are gone.
Laurel says
Trumplican voters wanted to shake things up. Well, now they have to the detriment of our kids.
Sam says
This is what you get when you have people on the Board that are unqualified. The taxpayers of Flagler are so tired of the drama with this school board. I never read one positive story about them or how they care about the teachers and students that they constantly are embarrassing
Hit the road and its time to remove them all..
The dude says
No, actually they are not.
The voters of Flagler will vote for this time and again. In spite of the fact that there are never any positive stories about this school board.
This is the MAGA effect, up is down, bad is good, indictments are reasons for support… one could go on and on with the examples of backwards thinking, if you could call it “thinking”…
They will vote for all of this and more next cycle. They always do.
Zuffalina says
Please remember that Mr. Furry will be the next school board chair. He has no experience or academic background to prepare him for the job. More importantly, he does not care one iota about the students, teachers and other school personnel in this district. He lacks any semblance of a moral compass and is a pawn of other interests in this County who delights in the position handed to him (and his cohorts) by those interests and uses it to destructive ends.
Watch the interactions between Chong, Furry and Hunt. Clearly they have an agreed agenda formulated in violation of sunshine. And clearly, they are puppets of others…because none of these three are smart enough to put together this agenda.
If ever there was “cause” for termination these three meet that standard. However, terminating a school board member in a non-charter county such as Flagler is nigh unto impossible. Please correct me about this last statement regarding non-chartered counties if I am wrong.
Jane Gentile-Youd says
Zuffalina.. You are almost 100% correct because non-charter counties elected officials can only be removed by the Governor. Charter counties and cities can petition independently via local voter Recall of an elected official . Florida Statute 100 is very unfair as it discriminates against voters who reside in ‘non-charter’ counties such Flagler. One example: Hundreds of voters gave De Santis enough reason to remove Joe Mullins but of course he never had any intention of doing so nor does he care about anything or anyone other than $$$$$$.
Palm Coast can however petition to recall any Palm Coast elected official while every one of Flagler County’s elected officials know they can do anything to anyone they want as well as misuse and abuse our tax dollars at will . The only exception is if that official has been adjudicated guilty by a grand jury or criminal conviction.
There is a growing movement led by Chance Joyner to amend this unfair statute to give every voter, regardless of their city or municipality ‘s non-charter the same rights to recall as charter cities now have.
We sure have lots of bimbos in our legislature who could care less about anything other than money and party affiliation.
The corruption just keeps on growing around us and choking the American way of life(in my opinion) and until election are changed including making these run away PACS abide by the same maximum $1,000 contribution we voters individually can give. Of course those with money, like Mori Hosseini, form multitudes of ‘paper only’ corporations which gives them the POWER to control who gets elected. (Fact: the last time Sheriff Staly ran Hosseini gave approximately $8,000 -$1,000 from each of his corporations all registered with the same Beville Road)… ) We no longer have a government ‘of , by nor ‘for’ the PEOPLE. We , the People, just don’t count anymore do we?
Concerned Citizen says
Again I ask FL readers.
What are WE doing as a community to resolve this threat to our school system? We have recourse and should be following it. Not waiting till next re-election cycle. And hoping they get voted out. A recall will cost some pocket change. But is well worth it in this case.
We now have 3 board members who have gone rogue. They are so scared of having a competent attorney on staff they are willing to risk thousands of our tax dollars to terminate her. WHY? That is the main question we should be asking. Why are they so willing to get some law firm who doesn’t like other attorney’s to “consult” on whether or not Mrs. Gavin should be fired?
If Mrs. Gavin is wrongfully terminated I hope she turns around and ties up this county in law suits for years. And sues them for every cent that contract is worth. She has just cause. And we as a county are liable because we let it get this far.
I have been a reader of this column for a long time. And it baffles me as to how scared this county is to demand change. Our elected officials work for us. They answer to us. Not the Chiumentos or whomever else might be pulling the strings.
Time to get out there and demand better for our children. Enough time and money has been wasted on witch hunts.
James says
Eh, yeah dude… I would like to agree with you. But speaking out here and spreading the truth about Florida to friends and relatives elsewhere is about all one can do now until election day in my opinion… and I’m not very hopeful about the outcome of that either.
Remember Alfin and his 150% raise? I do. At the time I commented here to the effect that he must have had confidence that he could get away with such an outrageous suggestion and guess what, he did.
I also remember a guy on here taking signatures for a referendum that went nowhere… and by the way… I don’t recall hearing from him on Flagler Live since. So for all I know maybe he’s counting signatures with Jimmy Hoffa somewhere.
It’s one of the oldest and truthful sayings in the book… and it was true up north and honestly, I don’t know why I should have ever thought it wasn’t here…
YOU CAN’T FIGHT CITY HALL.
Perhaps, you can change it over time (by voting), but you can’t fight it. Unfortunately the effectiveness of change though voting here is over… ya gotta know when to hold em, know when to fold em, know when to walk away… know when to run.
Just my opinion.
Mike says
This is well said. You are spot on re: the danger folks like this pose to the students and staff.
Nancy N. says
Our school board members cannot be recalled because we are a non-charter county. There’s literally no recall process in the law. They can only be removed by the governor and that isn’t happening.
annonymous says
How much would be saved firing the three idiots who initiated this fiasco in the first place?
Palmcoaster says
These three are supposed to be from the fiscal conservationist GOP right? Risking half million or more of our hard earned taxes over politicking? Why they don’t start working for the students instead?
TREEMAN says
Fury is Danko’s “brother’ since they both have SHIR4BRAINS!!! Both should RESIGN before they SCREW the Taxpayers!
JimboXYZ says
The saga & drama only gets better.
KMedley says
First, The Tragic Three targeted and removed former Superintendent Middelstadt, presumably for her life choices. Then they spent thousands of taxpayer dollars to target the former director the Flagler Youth Orchestra because her last name is Tristam. Now they seek to take down the board’s attorney. Three strong women targeted by a trio consisting of two of the most incompetent women I’ve ever witnessed. As a lioness lay in wait for it’s prey, I hope Ms. Gavin takes all three down. Let’s not forget two current school board members, also women, will not seek reelection. That’s 5 women targeted by The Tragic Three. Where are Flagler County’s women’s organizations?
Stephen says
I,m glad they have time for other things. At least Flagler County has all A rated schools. That is what matters.
The dude says
Flagler county schools are awful. That must be what that “A” stands for.
Tony says
There is a way to recall elected ofiicials. It is called the ballot box.
Robert Clinton says
Well, here we go again…The three Marx brother and sister’s are at it again !
Their ignorance is only exceeded by their obvious antics of stupidity. They are so motivated by their extreme desire to prove to their conservative, far left wing , flag waving DeSantis corps of idiots that they are loyal, they have now become fiscal morons !
These poor excuses for modern outhouses should be flushed immediately ! Time after time, and as the record will show, Gavin has consistently kept this school district out of legal disaster after disaster. These three amigo’s of ignorance simply can’t stand hearing Gavin tell them “NO you can not legally do that” they are now willing to pay over a potential three quarter’s of a million taxpayer dollars ( or more in law suites ) to get rid of their hearing aides.
Let the flushing begin…PLEASE !
Laurel says
Someone else wants Gavin out, and the three are doing the bidding. Probably to put in a lawyer more likely to play their suspicious games. The whole thing stinks.
NANCY SKADDEN says
Don’t get rid of Conklin and Massaro. They are still trying to keep Flagler County schools about students and education.
Joey G says
OMG the Three Stooges strike again. Just leave this woman alone for the next 20 months. That’s down right LOW if she loses pension money so how can that be? She will get whatever that amount is at the end of her term. No work no pay. No monet lost. This woman is a laywer the three Stooges really think she doesn’t have friends in the profession. They really are stupid. I guarantee if it doesn’t go her way she’s going to turn around and slap them with a lawsuit. It could be 5 million dollars. The Stooges need to get out.
Concerned Citizen says
If Gavin moves to staff attorney and the board gets a new attorney, who’s paying the additional salary? Why hasn’t this been brought up by any of the school board? I’m sure the base salary is higher than any teacher salary, but we can’t hire much needed teachers.
Ken says
This is total frivolous. The new superintendent should step in and try to mitigate the idiots on the board. Defending the case along will be 100k. She should use the board member also individually if they terminate her so they have some skin in the game.