Okaloosa County School Board — Special Meeting - Employee Disciplinary Appeals Hearing, March 6, 2018

Tuesday, March 6, 2018 Special Meeting - Employee Disciplinary Appeals Hearing School District Central Administration Complex Niceville, Florida Training Room 9:00 a.m. 1. Opening of Meeting Subject : 1.1 Call to Order by the Chairman Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 1. Opening of Meeting Subject : 1.2 Outline of Hearing Procedures Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 2. Case No. 18-01 Crystal Gilmour vs. The School Board of Okaloosa County Subject : 2.1 Swearing-in of Presenters and Witnesses Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 2. Case No. 18-01 Crystal Gilmour vs. The School Board of Okaloosa County Subject : 2.2 Submission of Stipulated Exhibits Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information 2. Case No. 18-01 Crystal Gilmour vs. The School Board of Okaloosa County Subject : 2.3 Presentation of District's Case Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information Public Content Submission of District Composite Exhibit 2. Case No. 18-01 Crystal Gilmour vs. The School Board of Okaloosa County Subject : 2.4 Presentation of Employee's Case Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information 2. Case No. 18-01 Crystal Gilmour vs. The School Board of Okaloosa County Subject : 2.5 Board Action Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Action Motion & Voting Action: Motion was made by Ms. Thrush to include in the Findings of Fact that based on the testimonies of the sworn witnesses that on two separate occasions, Ms. Gilmour did view the leave without pay video and that the District has documentation of a delivery receipt, signed by Ms. Gilmour, acknowledging that she did receive the letters by the Superintendent recommending her discipline and subsequent termination of employment under a progressive discipline process; that the master contract does provide for leave without pay, accrual of personal leave, and sick leave and referenced to any required documentation; documentation that two separate workman’s compensation physicians had determined that Ms. Gilmour was medically and physically capable to perform her job duties as a bus driver; Ms. Gilmour did accrue ten (10) days of unapproved leave without pay, and that based on sworn witness testimony, it was determined that those ten (10) days were not due to workman’s compensation claims; Additionally, that the School Board did follow policy to issue the employee written warning letters of reprimand, separate letter dated June 27, 2017 recommending a one (1) day suspension by the Superintendent, letter issued August 30, 2017 recommending a five (5) day suspension by the Superintendent, letter dated January 16, 2018 from the Superintendent recommending termination of the employee. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made to include in the Findings of Fact that the employee had multiple opportunities to inquire about Board policies and procedures for Worker’s Compensation claims, leave issues and other concerns about leave matters. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made to include in the Findings of Fact that based on the testimony by Mr. Frakes as a sworn witness that Risk Management personnel notify the Human Resources Department when an employee is absent from their duties and is being paid through Workman’s Compensation benefits. The Workers Compensation absences were not calculated into the leave without pay absences that are the basis of the discipline. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made to include in the Findings of Fact that on January 9, 2018 the Superintendent and staff met with Ms. Gilmour for an informal appeals hearing to discuss her unexcused leave without pay. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made to include in the Findings of Fact that based on testimony that the recommendation by the Superintendent for the employee termination was based on the employee’s number of unexcused leave without pay absences and not based upon being late to work. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made as the Conclusion of Law that based on evidence presented that the employee had violated School Board Policy 06-31 (A) regarding leave without pay. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Action: Motion was made by Melissa Thrush that based on the Findings of Fact and the Conclusions of Law that the Board accepts the Superintendent’s recommendation to terminate the employee and directs Mr. McInnis to prepare a draft Final Order consistent with the motions and actions taken during this hearing and the record of the proceedings. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White 3. Adjournment Subject : 3.1 Adjournment of the meeting by the Chairman Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 4. Public Notices Subject : 4.1 Public Notice Meeting : Mar 6, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information Public Content This meeting will be open to the press and the public. Any person who decides to appeal any decision made by the Okaloosa County School Board with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the School Board at least 48 hours before the meeting by contacting the School Board’s Secretary, Jan Crawford, at 202 Highway 85 North, Niceville, Florida 32578, telephone (850) 833-5895. File Attachments 3-6-2018 Special Meeting - Employee Appeals Hearing.pdf (110 KB)