Even as he’s sought to shroud it in secrecy, School Board Chairman Will Furry insisted today that the firing letter he signed on Monday and that went to Kristy Gavin, the former school board attorney, was “for cause,” as required by her contract.
The one-page letter, obtained by FlaglerLive, contains no cause. (See below.) The silence on the matter, at once surprising and not, appears to be one more weapon in Gavin’s arsenal should she sue the district for breach of contract and wrongful termination.
“We regret to inform you that your employment with The School Board of Flagler County, Florida (the “School Board*) will be terminated effective as of January 22, 2024, the date upon which you were provided a copy of this letter,” the letter begins. Furry started it with “Dear Ms. Gavin.”
“In accordance with Section 6(A) and 6(B) of your Employment Agreement executed on July 19, 2022, this termination decision is based on action taken at a duly noticed meeting of the School Board which occurred on October 26, 2023, at which time it was decided that your employment with the School Board would be terminated for ’cause’ as defined under your Employment Agreement,” Furry goes on.
Section 6(A) states that Gavin could be subject to “discharge only for just cause,” defined as “dereliction of duty, failure to report to work, misconduct in office or violation of criminal law.” Section 6(B) states that the board chair must give written notice of termination.
But again: no causes are provided. There is no attachment to the letter. The letter’s remainder is boilerplate: all payments and benefits end, the final paycheck would be issued on the net scheduled payroll date, and Gavin is to return all School Board property, “including all documents, any district-issued computers or other electronic equipment, and any other School Board property and information in your possession.” It’s not exactly clear how Gavin is to return 18 years of accumulated institutional information about the district and this and previous school boards, or how the board intends to seize it, if she does not return it.
That’s the letter.
Since December, Furry himself had implored Sally Hunt, the school board member who claimed to have causes to fire Gavin, to draft the causes and turn them in. Almost daily requests for the document since then, placed as public record requests with the administration, yielded no results, with the superintendent’s executive secretary saying every time that the district had received nothing.
Unsurprisingly, some school board members were surprised by the vacuity of the letter.
“I guess my question is, why then, and was there–were we advised not to include just cause?” Board member Colleen Conklin asked at the end of this afternoon’s workshop. But no answer was allowed.
“On this particular topic, just given the issues surrounding it,” a voice said from a speaker phone in the middle of the board table, “I would certainly proceed with caution on discussing all the records, any statements that could potentially be problematic down the road.” It was the voice of David Delaney of Weiss Serota, the law firm the board would be hiring this evening on an interim basis to give it legal representation during meetings. Delaney himself said he wasn’t yet officially the board’s attorney, but spoke as such. (Though the agreement with Weiss Serota has been drawn up, it characteristically was not available on the board’s agenda for public review, as many documents surrounding attorney issues have not been: the board has routinely skirted close to, or beyond, the impermissible on public records in that regard. A separate agreement was on the board’s agenda: that for Sniffen and Spellman, the law firm that will provide legal representation to the superintendent and staff. Previously, Gavin did both–representing the board and the staff.)
Furry, for his part, still insisted that his letter fulfilled the contractual requirement, “Because it is for cause,” he said, “that is something that was clear by Schutts and Bowen,” yet another law firm the board had retained for counsel on the Gavin contract and termination letter. “That does satisfy a letter that’s stated for cause, they confirmed that with me, they helped to prepare that.”
“How do we know what that is?” Conklin asked.
“You’ll have to call the attorney on that,” Furry said.
Board member Cheryl Massaro said she had already called the Shutts and Bowen attorney, and cited the firm’s own letter on that score, written several months ago at the beginning of the process: “If the school board determines to pursue a just cause termination, which is for cause–that’s what the letter says–it should base such a decision on articulated reasons set forth in writing including factual support for each and such reason.’ That is from Shutts and Bowen, verbatim. It does not. So where does that leave us?”
The exchanges between board members put in sharp relief the haphazardness of the way the board built its case against Gavin and eventually fired her–a haphazardness echoed by the way it had opted not to renew former Superintendent Cathy Mittelstadt’s contract, essentially firing her without cause, either, and the way it had backed into hiring Moore as superintendent, though no one is blaming the board for that decision. The exchanges were also reflective of the board’s nervousness about the likely lawsuit Gavin will file against it: Massaro said it is certain to come.
Massaro asked Furry: “Did you not request cause be delivered at the last school board meeting before December 31?”
“I did request that that happen and sent directly to the attorneys. I’m not–I’m not privy to any of that information that was provided,” Furry said–again indicating to what extent the document trail, if there is one, has been either intentionally or benignly obfuscated, even at the cost of board members’ own knowledge of what has gone on.
“So technically, we have terminated without cause,” Massaro said.
Furry lost patience. “That not–I’m going to ask you to please govern yourself accordingly,” Furry snapped, “but we’ve been advised by two counsels to not make statements like that. Okay? So I would highly recommend that we follow the advice of counsel and not make statements like that either here or in the media or in the public.”
“I will say what I’m going to say,” Massaro said.
Robjr says
I believe that Furry, Chong, and Hunt are about as useful as a screen door in a submarine. Unfortunately I used my time, money, and effort to help Hunt get elected.
Marcus Aurelius, a stoic and a realist says
This is completely outrageous.
What has happened to Florida Laws and Rules? Why is public information being obfuscated and denied to the public? Why is the public being slapped in the face by this Furry idiot?
Don’t forget, Furry (another realtor) committed fraud against the federal government by claiming to be a “minority” aka “Native American” and “Alaska Native” when applying for his $40,000.00 in PPP loans on which he didn’t have to pay federal income tax and was basically $40 thousand cash in his pocket. He didn’t have to pay that money back. If anyone wants to see proof of that, it can be supplied as that is available to the public, unlike Flagler School Board proceedings. All that to say this . . . his moral compass is greatly lacking.
Furry also belongs to the Facebook group, “Flagler Conservative Politics”, which is a continuation of Jearlyn Dennie’s now defunct Flagler Conservative Pachyderms (which worked to get Will Furry elected to school board in 2022). The “Flagler Conservative Politics” Facebook group is a closed/private group which states as follows: “Jill Woolbright and Pastor-Jearlyn are admins. Alan and 3 other members are moderators.” That would be Jill Woolbright, Sharon Demers and Jearlyn Dennie plus Alan Lowe AND Will Furry along with others who belong to the Palm Coast Loudmouth Minority (Alan Lowe’s group of continual troublemakers).
Furry is a known bully, as he has demonstrated in this story in his remarks to Cheryl Massaro.
This is a complete affront to the citizens of Flagler County. A flouting of Sunshine. A flouting of Florida Statutes. And still no information on just cause in the firing of Attorney Gavin.
Andy B says
Another Palm Coast disaster – the “for cause” termination with no justification! Add to that character assination. Then there is Bing’s Landing and the Sheriff’s building. What a bunch of clowns running PC.
Edith Campins says
I can’t wait to se, when Gavin sues, what the three stooges claim to be just cause. Whatever hapened to the Sunshine law? Doesn’t it apply to these buffoons? The new lawyers better be very deferential to Hunt because if she gets her feathers ruffled they will be gone soon. It is unbelievable how much harm these three ignorant fools have managed to do in such a shor time.
SMH says
I just want to say that, as a school employee, I have attended a number of meetings where Ms. Gavins was present as the school district attorney. She was always very knowledgeable and professional, an excellent attorney for us. This termination and everything surrounding it is terribly disrespectful and has been handled horribly by people who have no idea what they are doing. What is their end game? What a scary mess these three are!
Former? says
Unbelievable, what’s next?
A concerned community member says
WOW! I foresee the school district and a few of the school board members getting sued. Go get them Ms Gavin!
Where did sanity go says
This is out of a Twilight Zone plot or a Parks and Rec episode. Unbelievable. Ms. Gavin has to guess why she’s being fired? Are the majority, Chong, Hunt and Furry, not literate? Can we get their SAT scores? Their high school transcripts?
There is no way this 3 person cabal is going to be respected anywhere. The greatest offense is not the law breaking, nor the waste of taxpayer dollars to defend this “wild bunch,” but sadly the very bad civic example they show to our children.
It doesn’t matter your political persuasion, the citizens have to turn this bunch out.
John Stove says
FYI:
If you are claiming you are firing for “Cause” the reason has to be listed along with dates, locations, what the issue was, witnesses etc etc. Any local or State statute has to be footnoted as well as copies of any notices to the employee at the time of the incident that advised them that he/she violated their contract.
This is typical Republican backroom bulls**t when they dont want someone who speaks truth to power to be part of governance.
When (not if) Ms. Gavin sues for wrongful termination and the school board has to pay to settle the case I hope these imbecilic morns on the school board who brought forth this issue are quickly shown the door and perhaps we (as taxpayers) take some sort of action against them for wasting taxpayers money.
Deborah Coffey says
I hope Ms. Gavin sues for tons of money. Flagler voters need to stop voting for MAGA maniacs. Justice would be for the MAGAs to pay for their mistakes even though the rest of us will pay as well.
JimboXYZ says
Sounds like the deflection that always goes on for appearances that the whole bunch of them are doing their jobs. Sounds a lot like the “Apology” for the Bunnell Assembly. Personally, I think the reasons are known amongst those seeking to fire at the very least ? I mean how could anyone with an input into the firing process make a vote or any decision for “just cause(s)” without those being spoken as verbally or written ? That is unless they were fabricated or subject to perhaps an over reach for interpretation, that there most likely is something more as a deeper agenda for personal reasons ? Forced retirements happen quite often in thwe world of employment. Must say the one’s at the top do like the appearance of proper. FL is a right to work state, have heard that phrase so often in a lifetime. Really means that an employer can fire anyone regardless of reason. Contracts are relatively worthless. I think many taxpayers would like to know the grounds for this contractual termination. A lawsuit would be the only way that ever stands any chance of transparency. Would there be a settlement that avoids the lawsuit from ever going thru. Either way the county taxpayers are at risk financially for this liigation Let me guess any settlement will be gagged & sealed from ever being disclosed ?
Ed P says
Certainly not qualified to comment on just cause in this case, but I watched the first 1 hour and 40 minutes of the October 26th school board meeting. Save a little time and go to 1 hour and 20 minutes and watch for 15 mins. I got the sense that Sally Hunt blames a certain newspaper/blogger as the reason for Gavin’s misconduct.
Hmm? Who could that rascal be? 🤣
Ben Hogarth says
The “cause” of course being cited by Furry as “CAUSE I said so.”
The absurdities of this Board’s actions and discretions has been observed by the population of Flagler County for many weeks and months, so I won’t be surprised by what will invariably follow this series of violations of the public trust we have already witnessed.
But the voters voted for candidates who were anti-institutionalists and obstructionists, so they’ve got a long road of reflection ahead of the next cycle. I just can’t help but feel a sense of “slime” permeating from this Board following series of events that led to the attorney’s firing. One has to wonder about the possibility that sunshine was violated to get to this point – something the voters of Flagler should be quick to investigate.
Bailey’s Mom says
Hoping Ms Gavin is able to sue the 3 Board Members as individuals! They have yet to show just cause, unbelievable!
Flagler County, we have to do better for our students, staff, and administrators.
Vote for qualified candidates.
PDiddy says
I’ll start by saying that I was not her biggest fan when I worked for the school board but these 3 knuckleheads that claim to be in charge of our most precious commodities (the children) did her dirty. She is an attorney, she is smart. Do you think for one minute she just sat back and waited for the letter to arrive? I would bet she ran out to the local stores and cleaned them out of all their jump drives and loaded them with 18 years worth of information, sure you can have all your stuff back now. First of all if you are going to fire someone in that capacity you don’t give them a months notice. Sorry to say this but the actions taken by them are going to cost the school board and ultimately the tax payers a lot of $$$$$… I sure can’t wait for election time. Trevor,Andy we need you or someone like you with the same values that you both had when you were board members.
Honest Abe says
Furry and Chong are registered Republican but not a part of the local Executive Committee Committee.
They were part of that scam club run by the fraudster fake Pastor you see everywhere. She will suckered punch another candidate and sacrifice the good of the people by supporting weak candidates.
Do your homework see what organization the candidates belong to and who may be in charge of the political organization before you vote or donate to them for another bad candidate supported by scammers.
Honest Abe
Nephew Of Uncle Sam says
Pretty sure these three didn’t give any thought to Lawyers know what Lawyers to hire when something happens to them. Now the three law firms, guessing recommended to Furry by Tallahassee or somebodies 2nd cousin, that they’re working with get to defend the county against a very knowledgeable lawyer who ever that may wind up being. Buckle up taxpayers we’re going for a ride.
gw says
Wow, just wow!
Who voted for these idiots? I don’t care about their politics, but incompetence is incompetence.
We have a lot of smart, retired professional educators in Flagler County.
We need you to run for office!
Stephen says
Sally Hunt has the cause with her attorney’s.
Just a thought says
This has nothing to do with Gavin’s work, work ethic or knowledge. It has everything to do with a few power hungry conservatives and their behind-the-scene marionettes pulling all the strings.
Carol says
Yes….yes….yes…. We need school board members who actually know Something About The Education of Our Children….
Furry, Chong and Hunt are not qualified to sit on this board and because their personal agendas are going to cost taxpayers money in a lawsuit that’s totally justified.
Hopefully they will suffer the consequences (monetarily) too!
Angry NPA Voter says
My parents moved here in about 1989 when this was a small, quiet, friendly, attractive mostly senior community. My mother was a retired teacher and subbed in the schools. Life was good.
WTF is going on with this School Board? If not for Conklin and Massaro doing their best to wrangle the other three – oh wait, they tried but were outnumbered.
Here’s a big news blast for those who bring partisan politics into this scenario. Massaro is a registered Republican with an incredible Resume of experience for decades. I am not a GOP voter, but I supported her financially and with signs because she is highly competent and honest and fair.
I’m sorry I moved here to be near my aging parents. I can’t wait to leave. It is a cesspool of ignorance, blinders, and partisan crap that is damaging the school system’s reputation as well as just about every level of “elected” government. So disappointing. It was such a nice place in the 90’s.
I hope Gavin has already retained legal counsel and obliterates those three idiots. Think about that the next time you go to vote!
Jim says
This school board has positioned itself to lose a large lawsuit that the taxpayers will pay for.
But what I see that may end up being worse….By eliminating the previous superintendent for reasons I still have not seen/heard justification and, now, eliminating the legal council, they are not set up to run the board in near complete secrecy. And who can stop them? Legal council from out of town is not going to be aware of what is going on day-to-day like an attorney who is positioned within the actual system. Furry, Chong and Hunt have all been vocal about not telling the press anything and even ignoring parents, faculty and administration. I fully expect things to occur from now on that the public will only learn of after the fact and there will be no explanations provided.
This is how dictatorships operate. School boards should be open and transparent. If you want to be on the school board but you feel your actions should be kept a secret from the community, you’re the wrong person for the job. We’ve got a majority of the board that currently fits that description.
RobdaSlob says
Standard practice in firing in “at will employment” environments is the employer doesn’t provide a cause. An employment attorney worth their salt will ferret it out.
Beyond Pissed Off says
In some instances, a school board member (or members in this case), will fail to meet the duties assigned to him. If members of the district recognize this failure, then they may try to remove the board member from the school board. This option can be effective at rejuvenating a school when a board member’s incompetence or unethical practices prevent the board as a whole from moving forward in support of students. Every state follows basically the same procedure for removing school board members.
The time is overdue for the Three Stooges to be recalled.