pinion School Board Legal Representation Policy Must Consider Worst Case Scenarios

The Manatee County School Board is considering adopting what sounds like a broader policy as to under what circumstances the district would extend legal representation to board members. If it is to avoid putting the taxpayers on the hook for reckless behavior, the board would be best served to narrowly specify when such representation would be withheld – most notably when board members act outside their defined roles.

There is something to be said for the idea that a public servant is at risk to be targeted with frivolous and expensive litigation that could easily set them back double their annual salary in legal bills. Such tactics might be used as a way to intimidate officials or at least make them think twice before going up against the will of powerful interests.

However, there is also something to be said for using taxpayer money to take away the risk associated with acting recklessly. The issue that brought this policy to the forefront was board member Dave Miner's demands that school district investigator Troy Pumphrey be fired for what Miner claimed were fabricated credentials on his resume when applying to the district.

When Miner ended up in the minority of the board on the issue, he acted outside his scope as a board member and interrogated Pumphrey, while moving to direct administration in ending his employment. Pumphrey's account of the incident is the subject of an EEOC complaint against Miner.

In the complaint, Pumphrey says that he believes Miner’s actions are part of a personal agenda, possibly related to Pumphrey having had to investigate formal complaints by district employees regarding offensive comments Mr. Miner acknowledged making at a staff meeting he attended at Miller Elementary School, where in the presence of several female employees, the school board member said that “West Bradenton needs another strip mall like Dolly Parton needs a third breast.” Miner maintained that there was nothing wrong with making such a statement and disputed the district's authority to investigate a school board member, even in responding to an employee complaint.

Miller Elementary Principal Barry Dunn filed a report after two female staff members made complaints that they were offended by Mr. Miner’s remark. Pumphrey also says (click here to read PDF of affidavit) that he feels that based on Miner's treatment of other African American employees in the district, the attacks could be racially motivated.

Regardless of who if anyone is right, the larger point in the issue is that had Miner simply accepted that his position as a school board member is limited to actions carried by a majority of the five-member board and does not empower him to unilaterally act, direct or make demands of staff, the entire legal aspect of this incident would have likely been avoided in favor of the prescribed method of handling such situations.

Telling board members that even if they act outside of the empowerment of their position they will still be provided free legal defense – which is how I understood the board to be leaning in their last minute given the language of their thoughts on possibly modifying the policy – is not fair to taxpayers and quite possibly a violation of the Florida Constitution.

When asked for clarification, MCSD attorney Mitch Teitelbaum reminded me that no policy had been voted on or officially proposed and said that according to the current policy (Policy and Procedure Manual Section 2.17), "The determinative factor (of whether a defense would be provided) would be the summons and complaint and whether such actions arise out of or in the course of employment by the district."

The board has correctly noted that there has at times been confusion over what constitutes qualification under that language and clarification seems warranted. Expanding it, however, would seem self-serving. If anything, the board should clearly indicate that any unilateral action by a board member outside of the powers of the office shall not be defended at taxpayer expense. The knowledge that taking matters into their own hands could cost them dearly will hopefully prevent board members from such reckless and unwarranted actions. Our tax dollars could then be kept where they belong - in the classrooms benefiting our students.

Dennis Maley's column appears every Thursday and Sunday in The Bradenton Times. He can be reached at dennis.maley@thebradentontimes.com. Click here to visit his column archive. Click here to go to his bio page. You can also follow Dennis on Facebook.