The Flagler County School Board has assigned fellow-board member Will Furry to hire a labor attorney–at the district’s expense–who will then shepherd them through firing Kristy Gavin, the board’s attorney, without risking a lawsuit. Board members Sally Hunt and Christy Chong pushed the idea of outside counsel. Board Chair Cheryl Massaro joined them in assigning Furry.
School board members may hire or fire only two people: the superintendent and the board attorney. The trio of board members devised the plan with an arresting lack of nuance or courtesy toward the attorney who has served the board for the last 17 years and who sat at the table across from the members, essentially listening to her executioners sharpen their knives.
“There’s a conflict of interest with our attorney, giving us the legal counsel on her own contract,” Hunt said.
“Sorry, I’m not sure I’m providing you that,” Gavin said, noting later that it was wise of the board not to seek her counsel on the contract regardless.
It isn’t clear why Gavin did not leave the room, though the trio had been no less subtle, or lacking in evidence, when it fired former Superintendent Cathy Mittelstadt a few months ago.
The 40-minute discussion prompted the obvious question from Gavin to the board: “Are you comfortable with my continuing to perform legal services at this time?”
“Outside resignation, we would expect you to,” Furry said.
Massaro chaired the meeting. Board member Colleen Conklin was absent, no one knew why, only that she had asked that the discussion be postponed to a future meeting when she could be present. The trio wasn’t interested in delaying. She did not respond to a text or a phone call.
Hunt said she had “reached out for some guidance on this because I didn’t quite know what to do and the advice was that we should have outside counsel” the issue, plus to appoint a board member as a board liaison. Hunt did not disclose who gave her that advice, other than to suggest that she often contacts the Florida School Board Association. But apparently it was the same person who spoke with Chong.
“I mean, we obviously have not talked to each other, but I’m sure we’ve talked to the same people who have advised us,” Chong said, “and yeah, I got the same kind of guidance.”
Massaro said she had spoken with the FSBA. She was concerned about the cost of outside counsel. She wondered why an outside attorney was necessary when the existing contract spells out what the board may or may not do–and what the end game was. Chong and Hunt made it very clear.
“The relationship with our attorney, just myself personally, it’s been fractured,” Chong said. “I can only speak for myself, but you know, do we want to continue this contract?” She wants to get to the next step “as peacefully as possible, just come to mutual terms.” She spoke of “a mutual agreement of buying out the contract, whatever that may look like, without us getting, you know.” She did not complete the sentence, but implied pre-emption of litigation from Gavin.
“My focus is on the termination section of the contract. That’s my focus,” Hunt said, appearing to relish a few digs along the way: “She has her experience with Attorney Gavin,” Hunt said of Chong, “I have mine, Will, I’m sure we all have ours.” Later, she told Furry: “Will, I would like that shared with that outside counsel–that this contract was drafted by Attorney Gavin, that attorney Gavin drafted her her own contract.” It is not unusual–it is in fact the norm–that superintendents and board attorneys negotiate their contracts and the wording of the contract, within certain legal parameters.
Hunt had referred to the only part of the existing contract that referred to “misconduct,” though not necessarily accusing the attorney of that, though the choice of paragraph was telling. It prompted Massaro to say that if there was an instance of misconduct, it would be a law enforcement matter–that Gavin would be arrested, or that it would have at least needed to be reported to the Florida Bar. There have been no such claims, no such reports.
“However this looks like, I’m going to be in control, right?” Furry told his colleagues, speaking of his “liaison” role. “If I’m going to set up a special meeting for all the board to chime in or individual meetings with each individual board members, you’re going to allow me to put this into place the way I see it’s best to serve the board.”
In fact, it would be illegal if Furry were to have individual meetings with board members, outside of sunshine. He is not barred from such meetings. But they would have to be publicly noticed in advance and open to the public. The outside attorney, however, may have individual meetings with individual board members–but not convey from one meeting to the next what each board member said. That, too, would be illegal under the law.
When Furry suggested that every board member submit questions for the outside attorney, outside of a public meeting, and receive their answers, Hunt protested: she doesn’t want to put anything in writing. Stunningly, and without explanations, she then said: “There are things that I feel that if I share would put our district in a place of liability.” So she would only speak with an attorney verbally. Chong agreed, though the possibility of written questions was not closed.
It would be just as illegal for the board members to draft questions for an outside attorney and channel them through Furry, who would then convey them to the outside attorney, as he would then be in a position to read and be influenced by the documents, and react accordingly with the attorney, all outside of a meeting: he would know what other board members’ thinking is, and potentially formulate part of his strategy based on that. Massaro, who is not always versed in sunshine law, proposed that route: “I would recommend that if you’re going to write your questions to get them to Will at your earliest convenience, so he has the information to take to the proposed attorney so they know what they’re looking at.”
To his credit, it was Furry who cautioned that, because of sunshine, perhaps the questions should not go to him. The solution did not circumvent the issue: the questions will be forwarded to a district staffer, who will then forward them all to Furry–not to the outside attorney.
Gavin had been silent by then. Superintendent LaShakia Moore was also at the table. Moore remained silent but for informing the board members that she did not know who had drafted Gavin’s contract.
It was not clear how the outside attorney would be hired, what amount of money the board agreed to pay–or at level to limit payments–whether or how the attorney would meet with individual board members, though it appears that the attorney would somehow provide an opinion. Whether the attorney would sit through future meetings regarding Gavin remains unclear. The board agreed not to hire an attorney from within Flagler County, but Furry said he did not want to be limited to Florida School Board Association recommendations, and again asserted: “It’s going to be my purview, at the end of the day.”
The board is expected to vote on a motion to that end at this evening’s meeting, then get an update at the October 10 workshop.
“I just want to confirm, I am here to serve this board, I am here to serve this district in accordance with my duties,” Gavin said at the end of the discussion. “I will continue to perform my duties and responsibilities as set forth in my contract as set forth in my job description. I have yet to fail to do that. And I will continue to ensure that this board is protected in the manner according to my contract.”
Dennis C Rathsam says
Im glad my kids are grown, these morons couldnt find thier way out of a paper bag! Why do you trust them with your pride & joy? Its getting worse day by day… Im sick of all the drama, all the bullshit! The right hand doesnt know what the left hand is doing. Parents, these are your kids, dont they deserve the best? This school boards best isnt good enough… Its like the dog chasing his tail!
Unacceptable! says
I am likewise very happy that my children have already gone through the system. They, and we as parents, were so fortunate that we did not have this distracting drama that presently casts a negative light on our public schools. My children experienced an era when it was creative and uplifting and educators were not shackled but were praised and admired. It is unbelievable what Hunt, Chong and Furry are doing. They are very crass about their ultimate duty, being more preoccupied with politics and self-attention. Their predecessors, Janet McDonald and Jill Woolbright, were not any better, maybe worse because more conniving. I wonder, are these people who had poor educational experiences growing up. or were not in a motivated and uplifting educational environment. Hunt, Chong and Furry have revealed themselves. Believe it and vote them out when their names are on the ballot. We need true public servants who will lead vs denigrate.
DMFinFlorida says
I can’t believe I’m actually saying this … but for once I agree with Dennis C Rathsam. Did the Rapture occur or something and I missed it???
The dude says
I pulled my child out of Flagler schools and moved the hell away from there specifically because of the schools, and the board.
Maybe we’ll move back when I’m retired and on a fixed income. That seems to be the only target demographic that the city of Palm Coast wants, not an upper middle class, white collar type family at the height of their earning power.
I didn’t even need the area to provide me with a job, I have a good job. I just needed the folks running the county/city/schools to not be so batshit crazy.
cinD says
This is a joke right?? This Board is making this school district a laughing stock. Holy cow!!
Oh Brother says
Talking to the same people for guidance is using a conduit and it illegal. You’ve admitted it, that’s how stupid you are.
KMedley says
Talk about a hostile work environment! Honestly, Attorney Gavin, Superintendent Moore, and School Board members Masaro and Conklin should resign in protest and let voters see The Tragic Three as they really are, incompetent!
palmcoaster says
My pretty high school taxes are to provide education to the students and not additional costly lawyers to satisfy personal vendettas or feuds! Then there is no money to help as needed, the community use of the Belle Terre Racket Club Pool! Just sickening! Is this why these individuals run for school board just to enforce their superiority with the tax payers funds? Those that want an additional attorney should pay for it themselves and not with our taxes, then won’t be so eager to look for one. No one is governing today instead battling to show who is the biggest chief executing his her power or satisfying greed. What kind of example are they giving to the students?
Concerned Citizen says
Everyone is busy voicing outrage on here. When are you going to step up and do something about it?
Jamel Wright says
Who wants to run for school board?
Willy Boy says
“I’m as mad as hell and I’m not going to take this anymore!” – Howard Beale
Charles says
I’ll step up, their all FIRED, how about that.
Jamel Wright says
Five people with clear agendas should not have this much power. Drain this swamp and either expand the number of people on
the board and/or vote in people who actually care about the district.
JimboXYZ says
So the Cabal does exist ? No sooner than they get thru their Bunnell Elementary Segregation Assembly with just an apology, they reward themselves with their next coup ?
dave says
Wow, how can ALL of these school board members be fired.
Wow says
Wake me up when this clown car gets around to caring about the education of children.
Charles says
Another clown show on the FC Education Board that just doesn’t seem to be able to handle the responsibilities they were elected to do. Get rid of all of them, the people in Flagler County are tired and sick of this. They all need to go, they are all useless.
The dude says
If “the people in Flagler County are tired and sick of this” why do they keep voting for it?
Each election over the last couple cycles has produced incrementally more horrid results, and the people of Flagler County seem to be quite enthusiastically here for it.
What’s the end game here? Chiamento (or whatever his name is) being the attorney for the board?
TR says
I’m going to guess on my answer to your question. I’m guessing that whomever is running for any office lies through their teeth to convince the people of Flagler that they are the best person for the job. How ever after they win they do a 360 turn and do the exact opposite of what they said they would do while campaigning.
Linda says
I was going to say something similar…for us to know who to really vote for, we need all people running for office to be hooked up to a lie detector. Like a blood pressure cuff that beeps whenever they lie. Our entire government could use one. Surely they can make an app for that. What would be better is if the watch or cuff, zapped them every time they lied. Ha ha ha!
DAve says
Bingo spot on. Just like all politicians, plain and trained professional lairs.
Wow says
One way to get an idea is actually read the candidates’ responses to the questions posed by Flagler Live. The dog whistles are very apparent.
Ben Hogarth says
These unfortunate and misguided circumstances aren’t an indictment against the School Board Members, but the voters of Flagler. If they continue to vote the very worst among them into public office, this kind of arbitrary and capricious public spectacle-making nonsense will become the new normal. It feels like for Flagler County, this may already be the case.
Much of the rest of the country when they see headlines and read stories like this, wonder how any community can find this sort of “decorum” acceptable, let alone laudable – yielding majority votes in public elections.
I guess I’ll just say it more plainly. How many more book burnings is it going to take before the general public sees through the smoke and mirrors and recognizes there is an undercurrent – an undergrowth of insanity permeating the political sphere in FL? When is enough, actually enough? When you’re their next target?
Their next example? Their next whim?
Whathehck? says
So! What did Mrs. Gavin do wrong? Did she try to teach the 3 nitwits what their job is? Most likely the 3 stooges are using the same cockamamie ideas they used against our dear Mrs. Mittelstadt. There is no end to the stupidity, incompetence and power seeking of these 3 uninformed cretins. Please go back to your boring life and stop destroying, our children are suffering because of you. Seig Heil die drei kleinen nichts.
Nephew Of Uncle Sam says
Another week and more dysfunction from the same three Board members.
TRex says
Sally Hunt needs mental health help. She is so obviously unwell in her paranoia, delusional statements and compulsive main character syndrome (go ahead and look it up). I feel guilty even watching her.
Christy Chong, pretending like she doesn’t notice Hunt’s instability, is using her as her personal “useful idiot” (like Paul Peacock did) to push her own bizarre agenda. These two women comport themselves like little girls playing “Hillbilly School Board Barbie” where they delight in pretending they’re actual smart adults. Like most other childhood bullies, their gleeful malice against their victims is fueled by a shocking level of ignorance and a pathetic personal agenda stemming from who knows what internal shortcomings they feel. It would be laughable if it didn’t affect real adult human beings and the children in their care.
Superintendent Moore needs to step up now. Staying silent in an effort to keep her job is unbecoming of any leader; she looks like a coward. She above all knows Gavin’s dedication and worth to the District. She should remember Martin Luther King Jr.’s words, “In the end, we will not remember the words of our enemies but the silence of our friends”. If she doesn’t like that one, there’s always “Karma is a Bit@h”.
Attorney Gavin is the victim in all of this. She has done nothing but serve an increasingly dysfunctional Board with the utmost professionalism and personal grace. The entire County owes her so much more than this. If she is terminated, I hope she sues the the district for all they’re worth. They’d deserve it.
Villein says
They must have a buddy they want to put in that position.
If Hunt has information that could get the school district in trouble she should be focused on bringing that to light with an investigation, otherwise she’s participating in a cover up.
Lorraine says
I agree!
The three need to be voted out! Furry, Hunt and Chong!
They are an embarrassment for Flagler education and Flagler County period!
Glad that my grown daughter and her children (my grandchildren) have been graduate students “prior” to these embarrassing school members taking office in Flagler schools!!
Vote these idiots out as they have NO interest in serving our school age children! Appears their total focus is solely based on vendetta’s!
Iam sick that my taxes go to the salary of these “3” idiots!
Vote them OUT!
Another Concerned Taxpayer !!! says
Janet McDonald and Jill Woolbright started the cancer that has been embedded into our school board and now the cancer has spread to stage 4 with the election of Furry, Chong and Hunt. They pretend that they are not having private discussions on how to execute their seemingly planned coup that will give them complete control over our school district. They obviously have an agenda that has not yet, completely revealed itself. Is there a mechanism for us to have a recall election in the next cycle to remove this cancer before they are able to complete their secret agenda. Their actions make me wonder if they were as incompetent in their previous day jobs and maybe they should have stayed out of politics and kept to their day job. A variation of the Peter Principle in play maybe? Rising to a higher level of incompetence.
James says
“… an arresting lack of nuance or courtesy… ”
Doesn’t surprise me.
I did say happen to mention once that they appeared to be completely ruthless.
Cult members usually are unfortunately.
Edith Campins says
Can they make it any clearer that they are not there for the children? Let’s not forget what they did to the Youth Orchestra and the Superintendent. That are only there to pursuit they political agenda. And poor old Sally, still being played and still clueless.
Atwp says
What big waste of our tax dollars. Like Desantis they don’t care. Palm Coast love to waste our tax money.
Gone for Good says
After years as a Flagler School employee… I just walked out! Enough is enough! The board members have absolutely no clue what the employees actually do at the schools. Take care of your employees… we are all leaving, little by little. It has been embarrassing to say that I even worked for the district. Teachers and support staff need raises, wasting money on an attorney? Sure miss the Flagler Schools I use to be proud to work for.
Michael Cocchiola says
This is outrageous. First there’s book banning. Then the superintendent. Then a motion to censure the chair. Now it’s the attorney. Who and what is next?
With the exception of Chairwoman Massaro and long-term board member Colleen Conklin, none of the other members ever mention the students, That’s what they are on this board for… the kids. Yet they fight their own demons and their culture wars and never give a thought to the kids. Idiots!
You want to do something? Show up at the next school board workshop and voice your displeasure.
See you all there.
JimBob says
I got just the shyster for them—Rudy Giuliano—he shares their crackpot political philosophy and God knows he needs a paying client. That Chamber lawyer who led the ouster of the former Superintendent can sponsor his pro hac vice admission. All birds of a feather!
JimBob says
Giuliani—dammit!
Concerned Citizen says
Just a little hint.
I have posted in the past the phone numbers and email address of officials. But just to make it easier on myself this post. All of their email addresses and phone numbers are on the website. Please make use of them by lighting the phones up and filling their inboxes. Start with the Superintendent and Attorney. And work your way down the list. I intend to as well.
Another Concerned Taxpayer !!! says
So one of the big questions being asked is what did Gavin do that warrants her termination? Based on what is available online, what she did was prevent board members from violating the law with secret meetings and other violations of the Sunshine Laws and prevented them from pursuing their unfounded conspiracy theories and misinformation. So, the vendetta began with the original cancer to the board, Janet McDonald and Jill Woolbright, who did not like the idea that someone would prevent them from attaining their goals to meet their hidden agendas. Well, they have passed the torch onto the 3 blind mice, Furry, Chong and Hunt whose only reason for joining the board was to be blindly pursue that agenda of some yet unidentified person or persons. They say they are doing it for the students, but what appears is that they are orchestrating some scheme to enhance their power and to get even for some idiotic perceived grievances. Seems they have a hit list with Gavin next on the list.
Kim Pandich-Gridley says
I have known Kristy Gavin for many years and got first hand experience working with her on a child abuse case I was involved in during my days as a Matanzas assistant principal. This county would be hard pressed to find a more competent and professional attorney. Ms. Gavin has always done what is best for the school system even when it might have been at odds with those in power. I am seriously regretting some of the school board candidates I supported and will work vigorously in the next election to see that they are removed. Their personal agendas have corrupted their positions and it’s imperative that they get voted out. Let me be blunt to the offending school board members: “Fire Ms. Gavin at your own peril, for come the next election you will unleash the forces of those she has assisted over the years.” I am one of those who has benefited from her expertise and I can promise my time and resources will work toward your removal.