Okaloosa County School Board — Special Meeting - Employee Appeals Hearing, May 17, 2019

Friday, May 17, 2019 Special Meeting - Employee 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 : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Procedural 1. Opening of Meeting Subject : 1.2 Hearing Procedures Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Procedural 2. Case No. 19-01 William Andrew Johnson vs. The School District of Okaloosa County Subject : 2.1 Swearing-in of Presenters and Witnesses Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Procedural 2. Case No. 19-01 William Andrew Johnson vs. The School District of Okaloosa County Subject : 2.2 Submission of Stipulated Exhibits Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Information 2. Case No. 19-01 William Andrew Johnson vs. The School District of Okaloosa County Subject : 2.3 Presentation of District's Case Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Information Public Content Submission of District Composite Exhibit 2. Case No. 19-01 William Andrew Johnson vs. The School District of Okaloosa County Subject : 2.4 Presentation of Employee's Case Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Information 2. Case No. 19-01 William Andrew Johnson vs. The School District of Okaloosa County Subject : 2.5 Board Action Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Action Motion & Voting Motion to adopt the following Motion was made to include in the Findings of Fact that Mr. Chambers Findings of Fact: identified pursuant to Florida Statutes, Section 1012.33 that just cause exists for the immediate removal of Mr. Johnson That the School Board is the constitutional entity authorized to Motion by Dewey Destin, second by Linda Evanchyk. operate, control, and supervise the Final Resolution: Motion Carries Okaloosa County School District. The Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar School Board’s authority to supervise White the School District includes the hiring, Motion was made to include in the Findings of Fact that Mr. Johnson discipline and termination of received an email from Major Brown with an investigative report from employees within the School District; Arden Farley on May 18, 2017, Exhibit R-F. That at all times pertinent to of this Motion by Linda Evanchyk, second by Diane Kelley. matter, Petitioner, Mr. Johnson, was Final Resolution: Motion Carries employed by the School Board as a Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar District Program Director; White Motion was made to include in the Findings of Fact that Mr. Johnson That by letter dated January 28, 2019, forwarded the email to Stacie Smith and copied Superintendent Jackson, Superintendent Marcus Chambers on May 18, 2017. notified Mr. Johnson of his intent to recommend termination of his Motion by Linda Evanchyk, second by Tim Bryant. employment as an administrator in the Final Resolution: Motion Carries School District; Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White That on January 28, 2019, the School Motion was made to include in the Findings of Fact that while Board at a regularly scheduled Superintendent Chambers stated that he found just cause for meeting voted to termination, there was no other record of evidence of any progressive accept the recommendation of the discipline against Mr. Johnson in his employment. Superintendent to terminate Petitioner’s employment; Motion by Linda Evanchyk, second by Dewey Destin. Final Resolution: Motion Carries That by letter dated January 29, 2019, Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar Exhibit P-A, Lindsay Maxey, Program White Director, Human Resources, notified Motion was made to include in the Findings of Fact that the terms Mr. Johnson the School Board “evasive” and “contradictory” do not appear in the Grand Jury report approved the Superintendent’s dated February 20, 2019. recommendation that he be terminated from his employment with the School Motion by Dewey Destin, second by Diane Kelley. District and provided to him an outline Final Resolution: Motion Carries of his rights to appeal the decision and Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar request a hearing; White Motion was made to include in the Findings of Fact that Mr. Johnson That on February 14, 2019, the served as the liaison between the District and law enforcement. Petitioner timely filed a petition for an administrative hearing to challenge the Motion by Tim Bryant, second by Diane Kelley. Superintendent’s recommendation and Final Resolution: Motion Carries School Board action. Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White Motion by Diane Kelley, second by Motion was made to include in the Findings of Fact that Mr. Johnson Dewey Destin. still maintains that he does not remember receiving, discussing, or Final Resolution: Motion Carries forwarding the email from Major Brown. Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White Motion by Linda Evanchyk, second by Tim Bryant. Motion was made to include in the Final Resolution: Motion Carries Findings of Fact that Marcus Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar Chambers previously served as the White Assistant Superintendent of Motion was made to include in the Findings of Fact that Mr. Johnson Curriculum and Instruction and maintains that he was serving as a liaison to forward information to Mrs. Human Resources. Jackson and to Mrs. Smith. He was not involved with the information beyond moving it forward. Motion by Dewey Destin, second by Tim Bryant. Motion by Linda Evanchyk, second by Tim Bryant. Final Resolution: Motion Carries Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Linda Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar Evanchyk, Diane Kelley, Lamar White White Motion was made to include in the Motion to consider the following Conclusions of Law: Findings of Fact that on January 11, 2019, Marcus Chambers was That the School Board has jurisdiction over the parties and the subject appointed Superintendent of Schools matter of this proceeding, pursuant to Sections 120.569, 120.511, and by Governor Ron DeSantis. 1012.33(6)(b) Florida Statutes; Motion by Dewey Destin, second by That Section 1012.22(1) Florida Statutes provides in part that a district Linda Evanchyk. School Board shall designate positions to be filled, prescribe Final Resolution: Motion Carries qualifications for those positions, provide for the appointment, Yes: Tim Bryant, Dewey Destin, Linda compensation, promotion, suspension, and dismissal of employees Evanchyk, Diane Kelley, Lamar White subject to the requirements of Chapter 1012; Motion was made to include in the Findings of Fact that Superintendent That the School Board has the authority, based upon the Marcus Chambers found that Mr. recommendations of the Superintendent to suspend or terminate Johnson was in violation of School employees, pursuant to Sections 1012.22 (1)(f) and Section 1012.33 (6) Board Policy 08-09 Duties, Ethics, (b) Florida Statutes; Professional Conduct and School Board Policy 09-11 Duties, Ethics, That the standard for termination of an employee is just cause pursuant Professional Conduct. to Section 1012.33 (6)(b) Florida Statutes based upon a recommendation of the Superintendent. Motion by Dewey Destin, second by Tim Bryant. Motion by Dewey Destin, second by Diane Kelley. Final Resolution: Motion Carries Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Linda Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar Evanchyk, Diane Kelley, Lamar White White Motion was made to include in the Findings of Fact that the Grand Jury report, dated February 20, 2019, found that Mr. Johnson responded to questions in the Grand Jury that were inconsistent with previous statements he provided. Motion by Dewey Destin, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White Motion was made to include in the Findings of Fact that the Grand Jury found Mr. Johnson’s behavior before the Grand Jury concerning and worthy of note in their report. Motion by Linda Evanchyk, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White Substitute Motion to recess to allow consultation between the attorneys and employee. (No vote, brief recess taken.) Motion by Dewey Destin, second by Linda Evanchyk. Final Resolution: Motion Fails Not Present at Vote: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White Motion was made that based upon the Findings of Facts and Conclusions of Law that the Board uphold the Superintendent’s recommendation to terminate the employee William Andrew Johnson. Motion by Diane Kelley, second by Lamar White. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Linda Evanchyk, Diane Kelley, Lamar White 3. Adjournment Subject : 3.1 Adjournment of the meeting by the Chairman Meeting : May 17, 2019 - Special Meeting - Employee Appeals Hearing Type : Procedural 4. Public Notices Subject : 4.1 Public Notice Meeting : May 17, 2019 - Special Meeting - Employee 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 Office Manager, Jan Crawford, at 202 Highway 85 North, Niceville, Florida 32578, telephone (850) 833-5895. File Attachments 3-28-2019 Notice Special Meeting - Employee Appeals Hearing.pdf (107 KB)