At the end of a two hour and 15 minute meeting grimed with more antagonism than clarity, the Flagler County School Board Tuesday evening again stopped short of firing Kristy Gavin, its attorney, after it was sharply cautioned by Superintendent LaShakia Moore against taking such a vote. She said it could have an “unnecessary financial burden”–meaning either a lawsuit or a judgment for Gavin potentially worth hundreds of thousands of dollars if the board were to break her contract for still vague, unstated causes.
Moore warned the board that it was acting in the dark without an independent attorney present, risking to make a decision that would put the district at risk. The implication was that the animus a majority of the board feels for Gavin is so pronounced that it was willing to jeopardize the interests of the district over it. It was a reversal of roles of sorts, with Moore commandingly seeming to save Gavin’s job and save the board from itself by becoming, in effect, a swing board member.
With Board member Colleen Conklin carving into Moore’s opening with by translating it into a motion, the board voted 4-1 to allow Moore, Board Chair Cheryl Massaro, Gavin and an independent attorney to negotiate moving Gavin to the position of staff attorney, answering only to Moore and thus immunizing her against the board’s bile. The position doesn’t yet exist. But the board implicitly agreed to creating it.
If those negotiations fail, the board would then move to fire Gavin within 60 days. It would have to do so “for cause.” Those causes would have to be spelled out in writing.
The motion did not include a call for the board to hire a new attorney. But the board agreed with Moore that it had to have an attorney in the room going forward, and Gavin has already unearthed a previous request for proposal to that effect, to hurry things along. But the board majority that wants her fired seemed clueless about the mechanics and timelines of finding a new attorney.
Three board members want Gavin fired: Will Furry, Christy Chong and Sally Hunt. (Furry cast Thursday’s dissenting vote.) The only person who claims to have causes is Hunt. She claims to have spoken with three mystery attorneys who have assured her that her causes are sound. To date, she has not revealed those causes beyond complaining about a few articles on FlaglerLive and accusing Gavin of breaking attorney-client privilege. She has given two such instances.
One alleges, falsely, that Gavin told FlaglerLive about Hunt planning to move. Gavin never did so. That information was rampant inside and outside the district. The second alleges that Gavin improperly told Massaro that Hunt had threatened to call for censuring Massaro for not sticking to a script when she delivered a speech condemning the segregated assemblies at Bunnell Elementary, though neither Hunt nor Gavin have the authority to impose a script on an elected board member, and board members’ machinations against each other are not privileged under sunshine.
“Attorney Gavin, when Cheryl Massaro asked you which board member was upset about the press conference,” Hunt said, “that was a moment where it was not appropriate for you to share which board member.”
All along, Hunt complained about the reporting surrounding those issues, naming her.
Once again, to Conklin’s bewilderment, Hunt had managed to make it all about herself. “Is this about articles in the newspaper about you?” Conklin asked her.
“No, ma’am,” Hunt said.
“I mean, you just said that. That is what you just said,” Conklin said.
Hunt denied what she had just said, then deflected with generalities that seemed to have nothing to do with the matter at hand: “This is about Flagler Forward and minimizing the dysfunction that is keeping us from being in a school district and not having our students being charged with battery and felonies. There are a lot of great things here and there are a lot of challenges,” she said.
Trevor Tucker, who Chong defeated after he’d served 12 years on the school board, had sat through the meeting, bewildered by the spectacle. He was the only member of the public who spoke at the end of the meeting, in a chamber mostly empty but for a scattering of staff members and a handful of interested residents. His summation to the board encapsulates the degree to which the new majority, a year into the job, appears to have no grasp of its responsibilities or of the implications of its actions. He immediately seized on the blurring of roles that placed Moore, who was just named superintendent, in a role she should not have been placed in.
“What you’ve done right here is kind of mixing operations and your board duties. It’s no longer very clear because you’re saying, hey, you need to do this, and also put your superintendent in a very awkward position,” Tucker told the board. “The process of this is very awkward and strange. It would be much cleaner to have done something or not done something. But all this in between, it’s just very strange.”
He referred to the timeline the board gave itself for a replacement attorney: “60 days: because you still have to create a job description. It has to be advertised 30 days. I don’t think the RFP and RFQ have to go out for 30 days. I don’t think you’re going to get another board attorney between now and 60 days. I don’t know how you guys are going to do that. You guys need to have an emergency meeting pretty quick to get that stuff going. That’s in your policies. That’s in the board policies. So please, guys, read those policies. Get them good, get to know them. Because what you guys did tonight, I think you’re going to put the district in jeopardy. Not because you may or may not have an attorney, but because may not have followed your own policies. You might not get someone in 60 days. So good luck. It’s just so disheartening to see that.”
The board had already hired an outside attorney to help it navigate the process of firing Gavin without incurring heavy liability. Furry was delegated to handle the outside attorney, who recommended seeking a separation by mutual agreement. Furry was delegated to meet with Gavin for that. They met, apparently with no one else in the room.
According to Gavin and Furry, it did not go well. Both summarized the way the meeting went, in their own words, at the beginning of Thursday’s meeting, describing more acrimony and accusations of rudeness on both parts than any accomplishments. Gavin acknowledged and apologized for hers, Furry did not acknowledge his or apologize for anything.
Gavin, Furry said, was not interested in a discussion about a mutually agreed separation, only about moving into a staff position. He described the meeting as “a waste of time” and Gavin as “manipulative” and “unprofessional.” “If there was any shred of confidence left in Miss Gavin serving as School Board attorney, it was erased as a result of this, her behavior,” Furry said.
Furry, Gavin said, offered only what amounted to “a slap in my face for the 17 years of service. He said, I offer you 12 weeks” of pay as severance. He was not interested in a discussion about her moving into a staff position, even though the board had directed him to explore that avenue as well. “Things did get very heated. And Mr. Furry told me that I needed to understand that he did not work for me, that I worked for him,” Gavin said, describing a power tactic common among employers negotiating from a weak position as they resort to hierarchy over substance.
“So yes, it did become heated. Yes, it did become unbecoming of me,” Gavin said. “I don’t like to raise my voice. I don’t like to have confrontation. That is not who I am. But when someone comes unprepared to a meeting, and has failed to even do the legwork of giving me a good faith offer to even consider walking away from this district or to discuss how we could turn into from a board position to a district position, and he had not even spoken to the superintendent, I didn’t feel that that meeting was going to serve a purpose as well.”
By the time Thursday evening’s meeting took place, Gavin was in stand-your-ground mode.
Furry said he had spoken to the superintendent before and after that meeting, though he did not say whether he had asked her if she was willing to engage Gavin as staff attorney. And when Massaro attempted to ask Moore just that question, Chong intervened, calling it inappropriate and making the stunning assertion that “this is a conversation that needs to happen behind closed doors.”
“No, it is a conversation that has to happen in public. This is a public conversation that we must have in front of people,” Massaro said.
The superintendent’s hires are hers, and are not under sunshine, like the board’s hires, but the question Massaro sought to pose to Moore was not about the hire but about the position, which would have to be approved by the board and is a public matter. Still, at every subsequent turn when that angle of the discussion was touched on, the Furry-Chong-Hunt side of the dais scuttled it until Moore more skillfully managed to both assert her prerogative in deciding whom she hires and placing herself in the room to negotiate Gavin’s transition. The trio was outflanked by its own superintendent.
It was also Gavin’s and Furry’s description of their meeting that so alarmed Moore that she urged the board not to move forward without an independent attorney overseeing its moves henceforth.
Aside from risking a costly legal battle and financial settlement, Massaro and Conklin are insistent on retaining Gavin because of the institutional knowledge she represents, after 17 years as the board attorney, and to enable her to retire with full benefits in less than two years, if she so chooses. The institutional knowledge is key, they argue, since Moore is new in her role and depends heavily on Gavin’s knowledge. A large part of Gavin’s day-to-day job happens to fall under the designation of staff attorney, not board attorney.
Interested observer says
I would advise the school board to tread very lightly.
Once all this political payback is completed by Chong, Furry and Hunt, there’s always a possibility Attorney Gavin might file an EEOC lawsuit against the school board for toxic workplace issues.
If I were Furry in particular, I think it would be wise to tread even more lightly. He committed fraud against the federal government by obtaining $40,000.00 in PPP loans (cash without having to pay it back) by claiming to be a native American (including native Alaskan). If you look up “native Alaskan”, I don’t think Will Furry fits any of those tribes . . . unless he has the genealogy to prove it. Who knows? Someone may have already turned him in for his fraud against the federal government. That’s public information for anyone to look up by the way.
Because Gavin is bound by contract to the school board, an EEOC lawsuit claiming toxic workplace and hostile work environment would also shine light on the particular 3 school board members who’ve initiated this particular situation. Plus, it would shine light on the rest of the Flagler County school system.
Does Furry really want to have his fraud issues looked at more closely and publicized?
concerned citizen says
Palm Coast seems to be oblivious to fraud dealings going on. As there are several more incidents that are known to the public as they just turn the other eye to and continue to do business with such fraudsters. Makes one wonder about our towns government as a whole.
Anonymous says
I watched the entire Board meeting (via Livestream) and was appalled by comments made. Our School Board needs to refocus on our students and their education. As John Kennedy said, “Sometimes the majority just means all the fools are on the same side.”
Bailey’s Mom says
Again, the Three Stooges prove just how incompetent they are!
Go online and read about your role and responsibilities! Chapter 2 of the School Board Manual will help you. Yes, there are some Big words so reach out if you need help.
Stop embarrassing our county, schools and students with your self serving ignorance.
concerned citizen says
Please get rid of these 3 bozos as soon as possible. Kudos to superintendent for doing things right. Us parents that have children in this district are worried about what these 3 idiots will pull next.
Sally says
It seems like every other day there is an article about the Flagler County Board of Education, it has become almost comical to sit back and watch a Educational Board act so unprofessional and lack of education to govern. All of you hit the road and go embarrass someone else.
Laurel says
Let’s see, 17 years of experience, from one person, v. zero knowledge or experience from a combined three people. This is very much a toxic environment caused by Fury, Chong and Hunt. They using the current far right strategy of messing things up, stupidly, and not working on the job at hand, with they clearly do not know how to do. Meanwhile, the students and parents of Flagler County have to put up with this crap.
When’s the next vote? These idgets need to go.
Gavin for President...... says
The most embarrassing school board in the United States of America 🇺🇸
I can’t wait to vote these three stooges out of office.
Please feel free to quit!
Kourtney Gavin says
I agree with this headline. Gavin for president. Appalled and disgust are just a couple words that come to mind when it comes to these three. Get them out of there. I feel sorry and worried for the district that this is the leadership they are subjected to.
The dude says
So three idiots, who know absolutely nothing about board procedures or policies, are putting the already underfunded and under performing district at great financial risk for some unspoken vendetta? To fire a competent, long tenured, and knowledgeable attorney because Hunt’s fee fees got hurt?
I’m so happy that my child is no longer in these schools. I weep for the friends she had to leave behind.
As for the MAGA fools who keep voting for this BS… maybe if you don’t actually have children currently in this school system, you should sit the next school board vote out. Your blind tribalism is just making a very bad situation worse.
Laurel says
“fee fees” ROTFLMAO!
JustBeNice says
So let me get this straight-if Ms. Gavin changes to staff lawyer, another lawyer would have to be hired for the board lawyer. Where is the district going to get this money? Especially since losing the $700,000? Also, with all this new construction of homes, the higher impact fees were squashed and some of that money would have gone to the district. Is the district so rich that it can afford to spend/lose money?
I guess the DOE funding will go to a new attorney instead of much needed teachers. Our kids losing again.
The three newbies are so out of their league. I hope voters remember them next election.
Tierney Hamilton says
Please look up the term Servent Leadership. Again, I do not have children in the system, but I am of the age where understanding the need for excellent schools for all students is paramount for my future. Your personal ideology is no substitute for professional competency, which by appearances seems to be lacking. Seems be to be a common occurrence now in all levels of government. This meeting as well as recent events in the Flagler County reaffirm my thoughts on homeschooling.
Interested Observer says
Please see the latest post from the EEOC.gov regarding workplace harassment (posted below).
If Gavin does file a lawsuit with the EEOC for workplace harassment and the federal government gets involved, Chong, Furry and Hunt are going to be under the microscope, and then the 3 will realize what idiots they have been and continue to be for initiating and continuing this harassment of Gavin. Furry especially will be under the microscope of the federal government regarding his fraud against the federal government. The DOJ, SBA and other federal government entities are actively investigating and prosecuting PPP fraud.
By the way, the three school board idiots were backed by the Republican extremists in this county including Jill Woolbright, Sharon Demers, Jearlyn Dennie, Alan Lowe, Kathy Austrino, etc. This is what they gave us in the way of school board members.
Here’s the latest from the EEOC.gov.
Press Release 09-21-2023
EEOC Releases Strategic Enforcement Plan
Plan Sets Forth Agency’s Priorities for Fiscal Years 2024 – 2028
WASHINGTON – Today the U.S. Equal Employment Opportunity Commission (EEOC) released its Strategic Enforcement Plan (SEP) for Fiscal Years 2024 –2028. The SEP establishes the EEOC’s subject matter priorities to achieve its mission of preventing and remedying unlawful employment discrimination and to advance its vision of fair and inclusive workplaces with equal opportunity for all.
By updating and refining the prior SEP and incorporating public feedback on the agency’s strategic priorities, the EEOC is better able to combat employment discrimination, promote inclusive workplaces, and respond to the national call for racial and economic justice. To further those objectives, the EEOC will continue its focus on promoting promising practices to prevent discrimination; combating pay discrimination and advancing equal pay; preventing and remedying systemic harassment; and tackling retaliation. Changes to the SEP include:
Targeting discrimination, bias, and hate directed against religious minorities (including antisemitism and Islamophobia), racial or ethnic groups, and LGBTQI+ individuals.
Expanding the vulnerable and underserved worker priority to include additional categories of workers who may be unaware of their rights under equal employment opportunity (EEO) laws, may be reluctant or unable to exercise their legally protected rights, or have historically been underserved by federal employment discrimination protections.
Updating the emerging and developing issues priority to include protecting workers affected by pregnancy, childbirth, or related medical conditions, including under the new Pregnant Workers Fairness Act (PWFA) and other EEO laws; employment discrimination associated with the long-term effects of COVID-19 symptoms; and technology-related employment discrimination.
Highlighting the continued under-representation of women and workers of color in certain industries and sectors, such as construction and manufacturing, finance, tech and other science, technology, engineering, and mathematics fields.
Recognizing employers’ increasing use of technology, including artificial intelligence and machine learning, to target job advertisements, recruit applicants, and make or assist in hiring and other employment decisions.
Preserving access to the legal system by addressing overly broad waivers, releases, non-disclosure agreements, or non-disparagement agreements when they restrict workers’ ability to obtain remedies for civil rights violations.
The new SEP also commits the EEOC to supporting employer efforts to proactively identify and address barriers to equal employment opportunity, cultivate a diverse pool of qualified workers and foster inclusive workplaces.
The process for developing the Strategic Enforcement Plan was a collaborative and bipartisan effort by working groups comprised of staff from EEOC’s headquarters, field offices, Commissioner’s offices, and the agency’s union. To obtain public input, the EEOC hosted three listening sessions that focused on racial and economic justice, vulnerable workers, and other issues related to the EEOC’s current strategic enforcement priorities. The Commission heard from nearly three dozen witnesses representing civil rights and workers’ rights organizations; employer and human resource representatives; and attorneys representing plaintiffs and defendants in EEO matters. The Commission also voted unanimously to publish the SEP in the Federal Register for public comment and carefully considered those comments in developing the final plan.
“Through the SEP’s effective implementation, the agency will continue to advance equality and justice for all in workplaces across this nation, even as significant challenges remain,” said EEOC Chair Charlotte A. Burrows. “We are grateful to the public—especially to those who participated in our listening sessions in Buffalo, New York, Washington, D.C., and virtually, for their engagement and investment in the development of the SEP. This plan will help guide the agency’s work for years to come.”
Earlier this year, the agency published its Strategic Plan for Fiscal Years 2022 – 2026, which serves as an overarching framework for achieving the EEOC’s mission; the SEP works together with the Strategic Plan by establishing substantive law enforcement priorities.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at http://www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Maria says
The three idiots need to go. Can we tax payers in our district file to get them out. Let’s do it now.
Concerned Citizen says
I’ve given the information many times.
Takes more than one to make a change.
Dee says
Get rid of these 3 idiots they make flagler schools look incompetent
Jim says
I’m still waiting for the school board to provide their reasoning for removing the board legal representative. It seems to me that would be the first thing that needed to be done to explain to the citizens of Flagler County WHY she should be terminated/moved/other…..
We already lost a school superintendent for reasons as yet unexplained. It now seems that public service no longer means serving the public – or in this case, the students, parents and staff of our school system. It is just an opportunity to tear down what exists with no plan for what is to follow.
Whatever ends up happening, our schools and the students will ultimately suffer as a result. I don’t see any focus on making the schools better – just tear it all down. That strategy won’t serve this county well.
Brad W says
This is just flat out absurd. These people said they wanted to run to improve our schools for the kids. All they have done is make it about themselves and our schools are no better for it. When are they going to learn they can not control the narrative or the news. If you want good coverage then do good things in your position. The news reporting on the Boards and elected members to inform the public is what the news is supposed to do. It sounds to me that when these people chose to run they never took into account they can, and will be, held accountable by an informed community. For example, if you don’t want your public record communications to reflect poorly on you then don’t put things that are unprofessional in public record communications. If you don’t want national news about a racist assembly or brawls then maybe do a better job of hiring principals and staff. And Mr. Furry might want to be reminded that local news and the citizens of this community do not work for him. Mr. Furry works for the citizens of this community. Not just those who voted for him, but everyone. What they are doing to Ms. Gavin is wrong, fueled by personal agendas, was time valuable time tax dollars, and is doing nothing for the students in our schools. If this position is too much and these people do not like the exposure then resign and walk away.
Laurel says
Brad W: I completely agree with you. However, in this current political era, the worse people behave, the more votes and donations they get. I’ve never seen anything like it before. It’s very disturbing, and I wish we could get past it. Hopefully, people will come to their senses. We’ll see.