The surreal in Flagler County School Board meetings has become routine. It was especially so Tuesday afternoon as the board met and again discussed how to go about firing Kristy Gavin, its attorney–even as Gavin was investigating a major crisis the board appeared clueless about: the theft of over $700,000 due the contractor of the Matanzas High School expansion, through a phishing scheme that’s been serially bilking local governments across the country of millions.
But the board’s discussion took an unexpected turn as the possibility of saving Gavin’s job in a different capacity–she would answer to the superintendent as a staff attorney rather than as the board’s attorney–gelled around a consensus that perhaps reflects the board’s leeriness at fostering either more controversy or more difficulties for its new superintendent, who already relies a great deal on Gavin and her unparalleled institutional history.
Gavin had never missed a board meeting in her 17 years, and her absence at Tuesday’s 3 p.m. meeting at first seemed related to her impending termination. But she had informed the superintendent, who informed the board, that she was investigating what the board chair later described as a serious but as yet unclear legal matter: the board had not yet been briefed on what took place, other than that something serious had happened.
What looked like a surprisingly coordinated plan by three school board members–Sally Hunt, Christy Chong, Will Furry–to fire Gavin emerged four weeks ago during a meeting focused on naming LaShakia Moore the permanent superintendent. It turned into a grievance session led by Hunt and echoed by Chong and Furry, against Gavin, with no evidence offered by any of the three. At the following workshop, Furry was delegated to find an attorney to review Gavin’s contract and give the board a roadmap to firing her.
The board delegated Furry even with Board Chair Cheryl Massaro’s support, though Massaro is against Gavin’s firing, and with the vaguest parameters on Furry’s authority, even though he is public record laws, let alone school laws (he is the least educated of the five board members, having only completed high school).
On Tuesday, he told the board that through Googling (what he called “some online searching” and an apparent call to the Florida School Board Association) he’d come up with six potential attorneys, some of whom he said he interviewed, some of whom he said had “conflict of interest,” for having had some association with Gavin or had done legal work for her before, or could not take on the job.
“I settled in on the law firm of Shutts and Bowen LLP,” he said of one of the state’s larger firms, with some 270 attorneys. School law is not among its practices. Employment law is, though the attorney Furry was proposing is Daniel Nordby, who specializes in appellate law.
The firm would charge $5,000 to review Gavin’s contract and issue “a memorandum of different scenarios.” The $5,000 fee would allow for only three hours of communications with board members. Furry recommended that the three-hour limit not be exceeded, otherwise the firm would bill the additional time. The two attorneys handling the matter (Paul Scheck, who specializes in employment law, is the other) bill at $570 and $515 an hour.
Furry described the built-in time for communications with the lawyers as “an hour for up to three board members,” which would exclude two board members from having access to the attorney, absent additional cost.
District protocols require contracts to be reviewed by Gavin. She could not do so in this case, and the board had no idea how it would go about doing so. “Can we phone a friend to just get a second set of eyes on this?” Hunt said, referring to an attorney connected to the Education Foundation. It was not clear who would provide the review of the contract intended to review Gavin’s contract, though the question–and the uncertainty–was another example of the tangled complication miring the board since its decision to fire the attorney.
The firm would provide its memo in time for the school board’s next meeting on Oct. 17.
Furry raised the possibility of avoiding a firing, but his explanation was elliptical. He had taken it upon himself to ask Gavin if she would be willing to exercise the “mutual agreement” clause of her contract. “She did respond with something that she may consider but I will let her bring that forward,” Furry said. “It was not for full termination, it would allow her to have another position.” But the Schutts attorneys would only focus on the termination clause.
Massaro seized on Furry’s opening about saving Gavin’s job and proposed hiring a staff attorney in addition to having a board attorney. “Not that I’m looking forward to spending more money. But in today’s litigious society, we may want to consider that,” Massaro said. “We relocate our current attorney to be the staff attorney, which would help. Then she could be on the negotiating team, the bargaining team, she can’t now because she represents us. That saves us money there. So these are things to think about. But then we would have to figure out how we would get our representation, and it would give her protection. It’s a thought.” She added, “I’m trying to figure out everything we can do to not get us in any kind of contract dispute or liability.”
It would be costly, though compared to Palm Coast and county government, where attorney services approach the $1 million mark (this year’s County Attorney budget is $913,590, and $685,254 for Palm Coast, not including unplanned litigation), the school district’s budget for its attorney’s office is small: $357,900 (for the attorney, a paralegal, and a currently vacant staff assistant, and outside legal costs), even though Gavin has been doing the job of both staff and board attorney, in an organization larger, in employees, than both the county and the city combined. “The job description we currently have does it all. Literally does it all,” Massaro said. “It’s impossible.”
Under the scenario Massaro is proposing, which exists in larger school districts in Florida, the board attorney would be hired and fired by the board, the staff attorney would be hired and fired by the superintendent like other district-level administrators, and report only to the superintendent. In that sense, Gavin would be shielded from the board to a degree–and her institutional knowledge would not be lost.
Furry claimed that’s been his “vision” from the beginning–he had never mentioned it before–but said “anyone that fills that role should have to apply for that position.”
Gavin has already survived what Massaro called a “witch hunt” two years ago, when a different pair of prosecutors sat in Hunt’s and Furry’s seats. Her survival this time, however, remains more conjecture than certainty. Board member Colleen Conklin was absent, as she was tending to her ailing father, though in all likelihood Conklin would have supported the lifeline for numerous reasons.
The discussion ended with the four board members agreeing to what would, in effect, make the $5,000 plan to fire Gavin moot. But they did not say so, having already put the costly cart before their newly saddled horse: no one has accused the board’s three surrealists of thinking through their plans before causing unnecessary or costly damages.
Samuel says
Where’s the $ 700,000.00?
Laurel says
Why is it now days that evidence is not needed, and when evidence is present it’s called a hoax? Up is down, and down is up.
These knucklehead board members should do everyone a favor and fire themselves.
Lorraine says
Couldn’t agree with you more! The “3” board member gang: Furry, Chong and Hunt need to be voted out!! They are a disgrace to and of the Flagler School system!!
Their meetings always entail firing people who are actually doing their job! While they sit on their fat butts and never even discuss anything to benfit our schools or the children! VOTE THEM OUT!
David says
Keep electing these morons just because of political party affiliation sadly none of them have any common sense reminds me of the moms for liberty who think they know more than the school teachers . The school board the city council is just a huge cluster the blind leading the blind with the do as I say not as I do attitude.
Concerned Citizen says
This board is really something else.
Instead of focusing on the missing 700K. Or having appropriate non segregated assemblies. Or avoiding unethical meetings they want to launch a witch hunt on their attorney. Mostly to distract us.
In my opinion this current board has lost our confidence to govern. And there is recourse for us. We can recall. We can initiate impeachment proceedings. We can demand that they do their jobs. But you know what? That action starts with us doing something. Not just venting on Flagler Live.
Everyone gets on here. And rants and raves about this and that. But what is being done to protect our children? They are the real victims of this charade.
I will list the names and email addresses of the board members. Please use them!! Let your voices be heard direct. As they obviously spend no time here. We also need to be contacting our own attorneys. And figuring out how best to rid ourselves of this nonsense. And get a board that will govern properly. And look out for our children.
I will continue to do my part. Will you do yours? It takes a village.
Cheryl Massaro
District 5
[email protected]
Dr. Colleen Conklin
School Board Vice-Chair
District 3
[email protected]
Christy Chong
School Board Member
District 4
[email protected]
Will Furry
School Board Member
District 2
[email protected]
Sally Hunt
School Board Member
District 1
[email protected]
Main Contact Number 386-437-7526
Nephew Of Uncle Sam says
“It turned into a grievance session led by Hunt and echoed by Chong and Furry, against Gavin, with no evidence offered by any of the three.” Isn’t this always the GOP playbook of late with no plans to offer.
For the first time though I will take exception to an article on Flagler Live though. What does ” (he is the least educated of the five board members, having only completed high school).” have to do with anything!? I’m in no way defending Furry yet I’ve known many a college graduate who couldn’t think their way out of a corner let alone ever be on any Board, along with many a high school graduate who could run circles around this Board and the City Council along with the County Board. Many of them graduated high school and became company heads, politicians, business owners etc…and being pillars of their communities.
JOE D says
I STILL can’t believe VOTERS put this crew on the Flagler School Board!?
An attorney ( like the attorney advising the Flagler City Commission), is there to assist the School Board in interpreting proposals and new laws/regulations, so Flagler County Schools doesn’t run afoul of local and federal laws ( they are REALLY complicated, an it’s the attorney’s job to help the board navigate the specifics of the laws). The biggest reason to have an attorney is to (TRY anyway ) keeping the County or the Board from getting SUED for millions of dollars.
The CIRCUS that our County School Board has become recently is EMBARRASSING! We are being exposed to local and NATIONAL NEWS ridicule for the scenes that have played out in recent months. Violations of the Florida Sunshine laws, dismissing a highly competent superintendent due (mostly) to local chamber of commerce rage at the previous superintendent winning an additional 1/2% sale tax to support our students, principals singling out students to attend a “warning” school assembly base almost wholly on RACE. Book bannings of some books I was assigned to read in 7-12 grade in a CATHOLIC SCHOOL. I have NEVER in the 3 states I have resided in, seen such juvenile ridiculousness!
It’s too bad the individual Board members are (probably) shielded from being sued individually. The taxpayers money being WASTED on book banning meetings, contract non-renewal meetings, explorations of firing the current board attorney (for what)? Trying to keep a legal lid on proceedings which has totally gone off the rails (especially since some board members suggested that these issues be discussed in “closed door” meetings … anyone heard of the Sunshine Laws)!?! Clearly SOME Board members have NO CLUE what their job is ( betterment in the education of our STUDENTS… not personal agendas).
THOUSANDS of dollars for just 3 hours of “consultation “ by an outside legal group…which would allow only 3 of the current 5 Board members to participate!?! Just to figure out a way to “fire” the current (highly competent) staff attorney without getting sued $$$$.
ARE YOU LISTENING TO THIS INSANITY, VOTERS….this is YOUR ( and my) hard earned tax dollars being wasted….not for the betterment of our students, but to work out some political agenda!
As to the recent Hacking/Fraudulent loss of a digital payment from the School Business office of over $700k, that could be a terrible clerical mistake. In my prior position as a Certified Nurse Case Manager and Utilization Specialist for a major East Coast University teaching hospital, there were DAILY attempted hackings of information, which if you left your guard down for even a hurried second you could accidentally click on a link, and misdirect information or funds. I doubt ( but it’s still being investigated) that it was done by County staff PURPOSEFULLY. If “inside job” staff were trying to defraud the County, they would do it in small imperceptible amounts, over an extended period of time. I hope, although police indications are not positive, that some/all of the money can be traced/recovered, or at least the amount be partially covered by fraud/theft insurance ( the investigation is new and ongoing)
James says
I (we all… or should I say, most of us here) hear you, but as for voting the terrible three out?
Good luck.
Resistance is futile friend. Obviously
you haven’t been here long enough to conclude on your own that your vote is meaningless here in “cultville.”
Unfortunately we all have to wait around now until one (or all of them) make a major legal or moral misstep and are removed… of course only to be replaced by other puppets of the powers that be.
Say it ain’t so says
A high school graduate on the school board. Impressive resume. While these 3 members of the board were having a witch-hunt on their own attorney. Somebody snuck in and scammed them out of $700,000 that they will never get back.
Who voted for these clowns 🤡? A stinking high school diploma and he is challenging an attorney who has vast experience and also
Has a brilliant track record, unlike these 3 tools.
Robert Cuff says
Hiring Shutts and Bowen to review the termination clause of Ms. Gavin’s contract is like chartering a B-52 for crop dusting. If this is the most reasonable proposal Mr. Furry could come up with, the board sent the wrong person to do the job.
Tired of it says
And once again the three stooges show their complete disregard for the children of Palm Coast. Theie specialty is witch hunting.