School Board Attorney Kristy Gavin is not fired yet. But a clock is ticking down to Dec. 31, by which time either Superintendent LaShakia Moore and Gavin will have worked out a “mutual agreement” to employ Gavin as a staff attorney, or her contract will be severed, and the board will have to pay out its remaining cost, which could exceed $150,000.
As to who would handle the district’s or the board’s considerable legal needs starting in a month, the board appears to have only vague and conflicting ideas, setting up the possibility that it would be left with only threadbare representation by lawyers who would have little to no familiarity with the district’s case load.
The school board’s 50-minute discussion on the matter at a Tuesday evening meeting accented a chasm between two veteran board members focused on pragmatism and bottom lines on one side, and, on the other, the board’s three newest members’ willingness to improvise as they go, with little heed for consequences. The district administration is left to pick up the pieces.
“In the in the year that I have served I have not found the need for a full time attorney,” The School Board’s Sally Hunt said. “It is an every once in a while need to seek guidance.” The bulk of the district’s needs are on the administrative side of the district, she said. “I at least am one vote in favor of the minimum necessary legal support.” She suggested that Will Furry, the new chairman of the board, should on his own return to the December meeting with “interim” choices of lawyers, which took Board member Colleen Conklin aback.
“We can can’t just say, Will, go find a couple of interns that might be interested in filling the gap,” she said, “We have to identify what cost we’re willing to, give them a budget idea.”
But that’s just what the board decided. There wasn’t much clarity in the board’s approach, but deciphering the board’s intentions can be summed up this way: Furry, with no accounting for method or transparency, will hunt for a few law firms that could do the job on an hourly, on-call basis, at $300 an hour or less. He will bring those possibilities to the board’s Dec. 5 workshop. The board’s chosen firm could be hired by vote at the board’s late-December meeting.
“It is a waste of money. It is a plain and simple, a complete and total waste of money,” Conklin said, pulling herself out of any such consensus.
Meanwhile, a request for letters of interests from law firms interested in a permanent arrangement with the board will be issued on Nov. 30. Interested parties have until Dec. 18 to ask questions, with a Jan. 4 deadline for applications. The board will rank them and potentially invite the firms to present, assuming the board wants to hire a firm on more than an hourly basis. That’s no longer a certainty, given Hunt’s repeated insistance that only minimal representation is needed. The board approved issuing that request for letters of interest on a 4-1 vote, with Colleen Conklin opposed.
Meanwhile, talks between Moore and Gavin continue on whether Gavin can stay on as a staff attorney, answering to Moore, as opposed to a board attorney. Board member Cheryl Massaro had sat in on those negotiations, representing the board. Now that she’s no longer chairing the board, it’s not clear whether Furry will replace her, nor did the board make it clear: Furry at first said he would sit in. But Massaro objected, saying his “adamant” opposition to Gavin having any role in the district rules him out, as that would be a conflict of interest. Hunt did not think it a conflict of interest.
“We have not yet come to a mutual agreement. We do have another meeting scheduled,” Moore said. The goal is to get it done by the end of December. But a job description has to be written.”
The Dec. 31 deadline is extrapolated from an Oct. 26 vote on a motion by Conklin that read: “That Ms. Moore will sit down with Ms. Gavin, Chair Massaro and a representative from Schutz firm to discuss the possibility of moving Ms. Gavin into a district attorney role. If there is no agreement, then we would move forward with looking at 60 days.” She added: “If we can’t get to an agreement, what I’m hearing Christy say, is that then in 60 days, there would be consideration of ending the contract.”
The motion was not clear about whether the 60-day clock would start after the negotiations failed, or at the time the motion passed. Based on yesterday’s discussion, the board sees that clock ticking, with a deadline of Dec. 31.
Gavin, Moore and Massaro had met only twice, with another meeting scheduled either this week or next. Moore is wrestling with the financial impact of any changes: if Gavin were to become staff attorney, she would retain her $135,000-a-year salary, plus benefits, so any additional legal representation for the board would add costs.
With that in mind, Massaro said the board could hire an attorney who would be “on call” for the board for 10 hours a month, at $200 an hour, or $2,000 a month. “Basically they would be at your disposal for whatever needs the school board members would want on an hourly rate,” Massaro said. “Perhaps we don’t need a separate district attorney at this time, and we don’t need a separate school board attorney. We can somehow kind of blend it a little bit where they both do the jobs that we need to be done, and not cost us a tremendous amount of money.”
Massaro said she is trying to avoid litigation or costs that could reach “close to $145, $150,000 we’re going to have to come up with immediately” if Gavin were fired.
“Who is going to be watching out for all of the legal issues, contracts, everything, come January 1?” Conklin said. The board has no idea.
“We do have relationships with outside counsel for the district, so Ms. Moore in this scenario, once again, could also utilize those relationships in the interim as well,” Furry said. But no “outside counsel” would be familiar with the case load Gavin is handling, let alone such matters as Individualized Education Programs (IEPs) and the minutiae of day-to-day matters that occupy the attorney.
“If we are unable to come to a mutual agreement by December 31, there is language that would allow for me to engage with an attorney for the district for any emergency cases that we have,” Moore said. But if the contracted service exceeds $50,000, it would still need board approval. Moore did not say whether she would engage Gavin on that basis.
Meanwhile, Hunt, who claims she has cause to fire Gavin, has still not provided those causes, as would be required by a mote to end the contract that way.
“I need to know where the just causes is, Sally,” Massaro asked her. “We had asked you before to present your just cause in writing. I haven’t seen anything. I don’t know if anyone else has.”
Hunt claimed she was “advised that at this time I should not put anything in writing.” Hunt did not say by whom: she frequently refers to a stable of secret attorneys and advisers, mysterious people who give her “feedback.” Then she shut down the discussion: “The motion has passed and so this that is really at this point, old business. So to me this is not an ongoing conversation.”
“So what I’m hearing then is you’re asking the board members to vote on termination based on just cause without seeing anything–on hearsay,” Massaro said.
“Let me let me just take control this for a moment,” Furry said, himself shutting down that discussion and redirecting the focus on the negotiations over a mutual agreement between Gavin and Moore.
Furry at the start of the meeting was elected chair in a 3-2 vote, with himself, Hunt and Chong in the majority, and Conklin and Massaro opposed. Chong was elected vice-chair. Massaro had nominated Conklin for the chair. That nomination fell by the same 3-2 split that elected Furry. Conklin has been on the board 23 years, chairing the board in 2007, 2008, 2015 and 2016. She is also currently the state legislative chair for Florida School Board Association. Furry has been on the board one year.
Concerned Community Member says
Wow! These 3 are so unbelievable. First the old superintendent, and now the school board attorney. Who’s next? So now it’s it so understandable why people are quitting our district or retiring. We have these 3 that don’t care about the kids but love their power. Well power trips can end. Now as citizens of Flagler County, instead of complaining let’s take action and make sure these 3 get voted out. We need school board members that care about our students and staff not themselves and their our agenda, which is so apparent. If they can fire people, we as citizens can fire them!
Eric says
As someone who has no skin in the game, I just wanted to say what an absolute embarrassment this school board is. I mean you cannot make this stuff up. Its comical, sad, unreal, pathetic all at the same time. Move over Larry Moe and Curly…..you have been fired. You have been replaced by Fury, Hunt & ‘ding dong’ Chong.
Dennis C Rathsam says
The right hand, has no idea what the left hand is doing? Finger pointing, & lies make you wonder, who the hell we ellected. The sad point its not about YOU! board members….Its about the students. If my kids were young this school system is the last place I would send them.
Disgusted in Flagler County says
To those who voted for these 3:
Your vote for any or all these 3 (Furry, Chong, Hunt) last year may possibly have devastating legal and financial repercussions for Flagler Schools. Unfortunately with Hunt it was either her or Jill Woolbright, and nobody wanted Jill Woolbright again.
We’ve already had one Republican person publicly apologize on this site for being part of, actively campaigning for and voting for (the Republican fringe group in Flagler) Flagler Conservative Pachyderms candidates. Look now what your ideology has wrought.
Too bad the Flagler Republican party doesn’t vet their candidates. Sometimes they do, but they go ahead and cover for each other and/or look the other way. For Republicans, as long as they get one of their own into office, nothing else matters regardless if they are criminals, embezzlers, lie about their education, lie about their prior lives in the military, or otherwise “embellish” the truth.
Maybe it’s time for everyone to start voting independent. Let’s think about forgetting Republican and Democrat in Flagler County. Maybe if we all vote independent next election 2024, we’ll actually get some decent people into office.
Unfortunately more of these candidates are in the pipeline for next years elections. Hopefully everyone will take this school board fiasco to heart and vote wisely next time. And you wonder why things in Flagler / Palm Coast government are in such a mess. Unqualified people plain and simple. All Republicans.
Also, forget listening to all the rhetoric and then voting based on campaign promises (“I’d rather drink Kool-Aid than raise taxes” but then votes himself a raise). How many of you actually do an active internet search on the candidate of their choice? By that I mean social media, mugshots, State of Florida licensing confirmation, actual background check. How many of you do that?
Jack F Jeffe says
This board is terrible. It is going to leave the school system unprotected. What lawyer would want to work for this board? I am surprised that the new superintendent would want to work for them. She is very capable and will leave after finding what a goup of “Wing Nuts” are in power on this board. People in the community had better get interested in voting for future board members or what has been a good school system will go down the tubes.
Good reporting Pierre!
TREEMAN says
Furry, the one year “Wonder Boy”-NOT!!! Be Prepared for Higher Property Taxes!!
FlaglerLive says
Your school taxes are set by the Legislature, not by local school bards.
The dude says
I don’t think you understand the nature of the average Palm Coast/Flagler voter. The handful of folks who post replies to these Flaglerlive articles are not representative of these Palm Coast/Flagler voters.
Well… there’s a couple here who are, the ones who ignore the fact that Florida, Flagler County, and Palm Coast are all 100% run by MAGA yet still persist in blaming all the ills of the state, county, and city on President Biden… they absolutely represent the average Flagler/Palm Coast voters but I digress.
The average Flagler/Palm Coast voters, they LOVE all of this ongoing jackassery. They don’t care how much it costs, or what the inevitable outcomes are.
That’s why they vote for it, every… single… cycle…
Jack says
So they are trying to fire Gavin but are not required to say why or what the allegation is? How is this allowed? It is unethicakl and immoral.
Stacey Smith says
First, Will Furry needs some public speaking instruction. I could hardly follow his points due to the ‘ums.’
It seemed he was reading from his phone. Who was feeding him information live during the meeting? Chimento? Peacock? The Good Old Boys? They all were proven to doing this to get rid of Cathy. Hunt is pissed because her stupid ass got caught, plain and simple. She was made to turn over her texts involving the above mentioned.
Look deeper folks to the people BEHIND the scenes. Lots of favors in this district.
Chris Conklin says
I can’t sit here and read this anymore I wish for the days of Jim gines Sue Dickinson Andy dance and Trevor Tucker as well as Colleen Conklin all 100% class what is happening is a disgrace they should be voted out and hit the road they bring nothing to the table
Laurel says
Something really stinks here. Have y’all noticed that all the continuing negative comments here have not swayed these three one bit? They are clearly not beholden to the citizens, but someone, or some group, instead. Any other politicians, or boards, would succumb to the pressure of those who voted them in. Many here have mentioned they voted for these three, only to be very disappointed in the outcome. Yet, Furry, Chong and Hunt haven’t budged an inch.
Yeah, something ain’t right.
blerbfamilyfive says
Furry, Chong, and Hunt are the biggest jackasses of all time. Can a school board be dissolved? Parents can always take advantage of the school voucher program and take their children out of Flagler County Schools and send them elsewhere. But then I guess a great many people could lose their jobs. So when the three stooges are up for re-election, please send them packing. I see a possible lawsuit in the future. I know it will impact the taxpayers but if it does happen I hope Ms. Gavin prevails and kicks the board’s ass. Sorry for Ms. Conklin and Ms. Massaro.
blerbfamilyfive says
Also forgot to mention, in searching for a law firm to represent the district, how much do we want to bet that Chiumento and Associates will be approached. Talk about conflict of interest, wasn’t Chiumento law firm one of the parties that wanted Ms. Middlestadt gone? If I am mistaken, I apologize.
Richard Russell says
Maybe with the increase in population of our school aged children, we will need an increase in taxes. More teachers, supplies, maybe another High School. The need for school money will NOT go down.
FlaglerLive says
Chiumento has already said that the law firm’s focus is land use, not school law, and so would not be interested in the contract.
Tired of it says
And Hunt still can’t up with “just cause” for getting rid of the attorney. Beware, anyone who hurts little Mis Hunt. She will stop at nothing to get rid of anyone who doesn’t bow down to her.
SMH says
Exactly! Very well stated!
Never cease to amaze me says
Jim is rolling in his grave at the shenanigans and chaos these individuals have caused and created – what a wonderful man he was who always had the best interest of children of Flagler County at the forefront.