Ending weeks of uncertainty, Kristy Gavin, the Flagler County School Board’s attorney since 2006, was fired on Monday, a district spokesman confirmed today. The firing is ostensibly for cause, though it sets up a likely legal battle between Gavin and the district, which severed her contract 18 months before its end.
The district had not released the letter nor made any public announcement about Gavin, whose office was dark, its door closed, this morning before the first of three meetings of the School Board. When the board did meet–in a workshop to rank two law firms it is exploring for its next legal representation–Gavin was never mentioned. The board met without an attorney present, Gavin’s customary perch in a corner of the meeting room sitting empty for the first time at any meeting or workshop of the board ion nearly two decades. (“This information will be available to the public on Monday, February 5th,” the superintendent’s executive secretary wrote in response to a request for the letter this morning.)
Board members were expected to discuss the firing at a 1 p.m. workshop today, in the same meeting room, again without an attorney present. The board had agreed late last year to give negotiations between Gavin and the district a chance either to achieve a mutually agreeable separation or to transition Gavin to a role as staff attorney, answering to Superintendent LaShakia Moore exclusively.
Neither goal was attained. That left Board Chair Will Furry waiting since the end of December on Board member Sally Hunt, and possibly Christy Chong, to produce a list of causes that, by contract, are the only way Gavin could have been fired. But it remains unclear whether such causes were produced, or how, as the district is so far maintaining silence on the document trail.
The board met this morning at 9:30 in what was to be the first of three meetings. The morning session was designed as a review of two submittals by law firms, GrayRobinson of Tallahassee and The Douglas Law Firm of St. Augustine.
Board member Cheryl Massaro immediately objected to the direction of the meeting for being, in her view, in violation of district policy and the board’s own direction. The policy provides for the board to seek out legal representation for itself and the district. But the proposals before the board members today was strictly for as-needed board representation, not district representation. When Massaro had agreed to explore that avenue, it was on the assumption that Gavin would be retained as the district attorney. That no longer being an option, the premise for today’s meeting was no longer valid, Massaro argued.
“Policy has to be followed. Policy has not been changed,” Massaro said, next citing state law to buttress her point. Massaro is concerned about ending up with two legal firms representing the district–one for the board, one for the staff–with mounting costs. Board member Colleen Conklin was equally concerned–and confused: she did not know–in fact, the board does not yet know–whether there will be one legal team or two, and what those costs would be.
Furry said the board was not hiring a firm just yet, but merely evaluating them. “We’re doing our due diligence, and there’ll be a time when we decided we’re going to move forward in this structure,” he said. The board has interim counsel to bridge the gap. He said a separate job description was approved for a separate district attorney.
When Conklin asked whether there was an explicit consensus for separate legal representation for the district staff, Moore stopped her and the rest of the board from answering, out of concern that the special workshop’s structure would not allow for that sort of consensus. So they deferred the conversation to their afternoon meeting.
That left the substance of the two law firms’ responses before them, and their rankings. Very quickly, Furry, Chong and Hunt ranked Douglas Law First first, while Massaro and Conklin ranked GrayRobinson second, though by the end of the meeting, and after nearly 90 minutes of discussion, the board members’ positions were not nearly as immovable. Hunt wanted to change her vote to GrayRobinson, citing–for example–the fact that Douglas Law Firm includes a Flagler Palm Coast High School graduate among its associates. Hunt does not want the next legal representation for the board to have any local tentacles. Chong agreed.
Conklin and Massaro were buoyed by GrayRobinson’s clout as a lobbying firm in Tallahassee and by the firm’s long list of clients in education, though most of those are in higher education. They also liked its flat fee structure, covering broad swaths of legal needs. They were concerned about Douglas Law Firm’s lack of experience, compared to GrayRobinson, and its costs: $9,000 a month (the figure of $9,500 was also mentioned) at a bare minimum–three meetings a month–not including any extraneous work, all of which would be billed separately.
The factual details of each submittal could not be independently examined. The school board is approaching this process differently than any board before it–indeed, differently than any local government before it. With its procurement director, Kristen Corolla, leading the process, it is invoking a section of state law that exempts certain legal documents from public view during the procurement process, even, allegedly, after those documents have been passed to the School Board members. Each board member had the two firms’ submittals, but the district denied a public record request for those submittals, and continues to do so.
Corolla had also intended to hold today’s meetings in two segments–one in the open, one behind closed doors, with the school board acting as the district’s “procurement team,” again a move with no precedent. State law does provide a public-meeting exemption for procurement teams. But whether that exemption applies to a full elected body–whose authority to hold closed-door meetings is strictly limited–would be highly unusual. By the time Corolla sought to close the meeting (there was no public in the room but for one reporter) Moore, the superintendent, recommended adjourning the meeting altogether, since it had attained its ends: the board agreed to invite both law firms to present in the next few weeks, and answer questions.
By then, the rankings may mean little, while the board could also decide to restart the search. “I just kind of see today as a starting point,” Furry said. “I don’t want to make a knee jerk decision here and we don’t need to.”
Just a thought says
The irony in all this is by the time Gavin’s lawsuit is settled, these three idiots will be long gone. What a group of morons that will now cost the taxpayers millions. Unbelievable.
DP says
A sad day in the Flagler school system. Three monkeys, who have total disregard for statutory requirements, laws, and procedures., has now placed our children and the taxpayers at risk. Another waste of tax dollars for personal gain. And again no production of documents to justify the firing. As I’m against wasteful spending of “OUR” tax dollars. Bit I sure hope Gavin sues the agit of the school board and wins. Now we the voters demand a full accounting of these 3 monkeys, and seek to have them removed from thier seats. Either by the Governor or voting their ass’s out. And include the staff that is playing into this game of sharades.
Pogo says
@Fox and Fools
Furry said, “I don’t want to make a knee jerk decision here and we don’t need to.”
No, indeed, you and the gun lady and your female Gilligan all did a belly flop into an empty pool — with the taxpayers chained to you.
Nice going, idiot.
Deborah Coffey says
We DO need to replace our School Board. It has not worked for the good of our students since it was elected.
Where's Sunshine? says
We have to wait 3 years to get rid of these 3 idiots (Furry, Chong and Hunt).
They’re only 1 year into their 4 year terms.
Be careful who you vote for.
John says
Once again, the Flagler County Board of Education dysfunctional comes through again. We are so tired on their drama. They all need to go and start fresh.
troy says
why does it two weeks to release the list of just causes to the public?
Celia Pugliese says
Why didn’t they wait till Gavin’s contract ended? Avoiding probably costly legal challenge? These political stunts are very costly to the taxpayers while actually nothing improves. Wonder also what reason alleged in the termination notice!
Concerned Citizen says
I hope Ms. Gavin sues the hell out of this county. And wins.
She was fired because school board members are afraid of ethics and transparency. Well School board. Prepare to reap the whirlwind. You deserve every bit of what’s coming.
Voters.
I hope we remember how much this is going to cost the County. When we hit the polls.
Duane says
Nothing more encouraging by a school board then to throw out a firm which employees a former student of the school district.
It’s no wonder our children leave this area for better jobs.
Way to Go!
Robert Cuff says
It is hard to believe this will end well for the taxpayers of Flagler County or the School District – either Attorney Gavin’s termination or the selection of new counsel for the Board, at least based on the process a majority of the Board seems determined to follow.
Another sad school day.... says
Worse school board ever!
They will cost us more money that anyone else has.
Good luck Kristy Gavin at one person in the County can say I appreciated your work.
The dude says
I congratulate Ms. Gavin on her early retirement.
It will be a minute before she gets her payout due, but given the short and idiotic history of this board, she will get it eventually.
If they had true “just cause”, it wouldn’t be such a heavily guarded top secret now would it?
Also congrats to the MAGA morons who put this board in place. Might as well have just tossed hundreds of thousands of dollars in a pile and lit it…
Sure am glad my child is out of this district.
Attrition Addition says
This profession is dead. Sadly, a job in education today is essentially a total joke. We cant even hire enough teachers to cover classrooms, and we have this going on? I swear education is run by complete idiots – with NO teaching or education experience. Sad.
Jim says
When you are doing something for the right reasons (or at least good reasons), you do so in front of everyone. When you are doing something like firing a public figure and you can’t provide the justification prior to doing so, you’re essentially telling the citizens of this county that this was a kangaroo court move.
I can’t wait until Flagler Live and other news outlets press for the documents that “support” this move and we can all see what they allege in support of this move. I think it will make good ready – just like any fictional writing should be. It’ll be interesting to what these board members squirm under the scrutiny that will bring.
Ms. Gavin will likely make a small fortune from her lawsuit and I wish her all the best. I just wish the Three Stooges could be held accountable. Just not being reelected is not enough. They should be held accountable for the cost to taxpayers.
A concerned citizen of Flagler County says
I hope Kristy Gavin not only sues the school district but also sue those 3 idiots personally on the school board. The way I see it by watching every school board workshop and meeting, she can sue Sally Hunt for deflamation of character by accusing Gavin of misconduct but never put it in writing per state statue. Go get those 3 Gavin!
Now Flurry, Chong and Hunt have totally destroyed this school district in just one year. I propose when the school district wants the public to vote in their favor possibly raising out taxes that we vote NO. These 3 are spending our tax dollars like it theirs and never thinking of the children of our district. What’s next with these 3 yo-yos , to make up for their tremendous dollar spending , we will have to cut staffing or special area classes for our students like music, art and etc? With the money they are spending cuts will have to come from somewhere. I can’t believe that the residents of Flagler County is putting up with these 3 idiots. Just think we have 3 more years of them u less WE the taxpayers do something. We need to have them taken out of their positions. Write or email our government officials that we want them gone!
Deborah Coffey says
DITTO!!!!
blerbfamilyfive says
Can’t wait to see the “Just Cause” bullshit letter. Watch out Ms. Moore because once you cross these three shit-for-brains morons, you could be the next one on the termination train. I wish Ms. Gavin a happy retirement if she is eligible and is thinking of doing so and I hope she sues the crap out of this district even though it will cost the taxpayers.
Dennis C Rathsam says
Dont you know the 3 Stooges careless,,,,ITS NOT THIER MONEY!
Old Guy says
It’s total BS that the “Burn It All Down!” trio won’t release the termination letter to the public until early February. I fully support Ms Gavin going after this crew and I hope she gets a huge settlement.
Looking for Sunshine says
What about Sunshine?
Aren’t the taxpayers of Flagler County entitled to see and read the just cause letters for firing Attorney Gavin submitted by Furry, Chong and Hunt? NOW. Not in a few weeks.
Why all the secrecy? Why all the back door maneuverings? Why is everything cloaked in mystery and darkness?
Are the just-cause letters being doctored before revealing them to the public?
It seems Furry (in particular), Chong and Hunt have absolutely no regard for Florida laws and rules. Why is this being allowed?
Again, we have Jill Woolbright, Sharon Demers and Jearlyn Dennie to “thank” for backing these 2022 candidates (Furry, Chong and Hunt) and pushing them into office.
Demers is already active behind the scenes interfering and injecting her venom into the City of Palm Coast mayor’s race.
Nephew Of Uncle Sam says
Something tells me that Furry and his two puppets are being told what to do by people with tentacles that go straight to Tallahassee, this will not end good for the citizens of Flagler County. I can really see, once this gets out, State and National media descending on the county reporting in a not too flattering way and they would be right about everything they report. I hope Kristy doesn’t sue and settle for a low amount, but goes for double digit millions of dollars and teach these three a lesson plus anyone pulling the strings on them. Prepare for the three stooges to start GoFundMe accounts.