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Superintendent Shows Strength and Leadership in Moving the Board on Personnel Decision

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On Tuesday night, the Manatee School Board was expected to make what looked like a politically-motivated decision to amend an agreement it had made with a former employee who had previously been allowed to resign in lieu of facing termination, while agreeing not to reapply for future positions. Instead, the board reversed course and did the right thing behind a recommendation from Superintendent Diana Greene.

Two weeks prior, the board had narrowly voted to move forward in drawing up an amendment to its agreement with former district investigator Debra Horne, though because of the way the item was phrased (as direction to the board attorney to draft an amendment), along with the absence of a recommended action from the superintendent (as required by statute), it needed to come back before the board for a final vote. Dr. Greene recommended that the board deny the amendment, and in a surprising vote that seems to demonstrate the strength of the superintendent’s leadership, members voted 4-1 to follow her guidance.

Horne resigned in 2013, facing a felony charge of failing to report suspected child abuse, following investigations by the Bradenton Police Department and the State Attorney’s Office for the 12th Judicial Circuit. Responding to multiple accusations that former Manatee High parent/teacher liaison and football coach Rod Frazier had been having inappropriate sexual contact with female students at the school, Horne cleared Frazier after only a cursory investigation that did not include talking to the students that teachers at the school had said they had witnessed Frazier being inappropriate with. She did not report the allegations to the state, as required by law.

Frazier was allowed to return to the school after just half a day’s paid suspension and just in time for a big football game. Later, a parent of one of the students delivered a letter to administrators at the school, alleging a host of illegal sexual abuse. Again, the investigation went nowhere, the Dept. of Children and Families was not notified, and it wasn’t until the Herald Tribune broke the story that police were made aware of the allegations. Horne was also later found to have conducted a similarly brief and superficial investigation into a case involving a school employee who impregnated an underage student.

Following its investigation in the Frazier case, the Bradenton Police Department recommended charges against four administrators, including Horne. Manatee Schools, under recently-hired Superintendent Rick Mills, began conducting an investigation into the incident to see whether any of the employees involved had violated school district policy–a very different threshold than the criminal statute. As a result, Mills, following the recommendation of his disciplinary committee, recommended terminations for all four, plus school district attorney Scott Martin (who was not facing criminal charges). Frazier had already resigned.
 
Rather than request an ALJ ruling, Horne and Martin resigned from their positions without disciplinary action. The agreement with the district allowed them to do this under the condition that they forfeit their right to come back to work for the district in the future. As a result, they ensured that they would not have to answer in the affirmative when asked if they had ever been terminated from a previous position in another district–a common question on employment applications.

On the criminal side, Horne, who had plead not guilty, avoided going to trial by entering a Pre-Trial Intervention program with the State Attorney’s Office that required her to cooperate with their investigation, including testifying in the trials of the other administrators. The terms of the program allowed her to apply to have the charges dropped once she completed the PTI, provided that she fulfilled all of its requirements, including community service.

By the time the final administrator’s trial had ended, she had completed the other components and the state attorney’s office released her from the PTI. The felony charge was dropped and later expunged from her record. This was used by a majority of board members to justify taxpayers being put on the hook for over $18,000 in somewhat questionable legal fees Horne had incurred in defending herself, including $1,800 in fees related to press conferences and other media matters that had nothing to do with her defense.

Board members Bob Gause, Charlie Kennedy, Mary Cantrell and Dave Miner argued that because the PTI program resulted in the charges being dropped, it was like they never existed and somehow equated to a "successful defense," to which she would be entitled to reimbursement. Kennedy and Gause even argued that they felt the State Attorney’s Office had discovered evidence during the other trials that led them to believe that Horne should have never been charged in the first place, a suggestion Gause reiterated again Tuesday night, even after it had long been rebuked by Assistant State Attorney Dawn Buff in a TBT exclusive one year ago that can be read here.

Nonetheless, despite repeating much of the rhetoric, Kennedy and Gause, who'd both voted in Horne's favor at the last meeting, said that they were reluctant to go against the Superintendent’s recommendation. Gause, speaking directly from the dais to Horne, told her that no matter his personal feelings, at the end of the day, she’d made a deal and agreed to its terms.

Karen Carpenter, the only board member who can say she’s been on the right side of the Frazier scandal from the beginning, fighting to ensure that employees were held accountable for their actions or inaction while the safety of students remained paramount, reiterated her feelings that this was much more than an unfortunate situation.
 
Carpenter noted not only what had come out in the criminal and district investigations, but what had been suggested about Horne’s performance in recommended orders by Administrative Law Judges, whose opinions were requested by two other employees that were recommended for termination by the ALJ, as well as the "other instances" of similar things going on elsewhere in the district at the time–seemingly alluding to the pregnancy at Bayshore High. The district also entered into financial settlement agreements with three employee whistleblowers who had claimed they were discriminated against after coming forward about Frazier, and another with the female student.

The board’s newest member, John Colon, who was appointed to finish the term of the late Dr. Cantrell, voted against the measure last week, noting that he had not been part of the board during the incidents and was not comfortable moving so quickly on the item, especially without a recommendation from Greene. Colon, who had served on the state board of education prior to his appointment, was the only board member to point out that the Education Commissioner Pam Stewart’s office not having found probable cause to go after Horne’s teaching certificate had nothing to do with whether or not she violated district policy or should have her agreement with the district amended.

It was disturbingly telling that Colon was able to quickly get a handle on the situation and articulate his position in a coherent way that so many others who should have been infinitely more familiar with the case could not.
 
Colon’s logic was that the state attorney's office had found reason to charge Horne, who chose not to defend herself against the charges. Instead, she willfully took a deal with the district that included not returning to it, and the facts that she’d completed a PTI and had not had her teaching certificate revoked were irrelevant.
 
That seems almost too easy not to get, but then again, it may have been the fact that Colon was not on the board and had no ties to the district or political dogs in the fight that allowed him to see it in such simple terms compared to some of the others.

That brings us to Dave Miner, the lone board member to go against Greene’s recommendation in Tuesday’s vote. Miner clumsily fumbled through a meandering and largely incoherent argument as to why the board should go in the other direction, stubbornly echoing Gause’s demonstrably false claim that the state attorney’s office had all but said it never should have filed charges against Horne in the first place, while insisting that the Department of Education’s unrelated review of whether there was just cause to revoke her certificate trumped all other information.

Miner seemed confused when he suggested that they needed to make the amendment so that Horne would not have to worry about answering the question as to whether she’d been terminated on future employment applications in other districts. He also claimed that it had nothing to do with her returning to Manatee, which he said he did not think she would want to do. He must not have realized that she already does not have to note a dismissal or any form of disciplinary action when applying elsewhere–that was the whole point of making her original agreement.
 
Miner also must not have been paying attention at the last meeting when Mrs. Horne was asked directly whether she intended to return to Manatee Schools if the agreement were amended, and she answered enthusiastically and in no uncertain terms that she did. Not surprisingly, Miner was again unable to sway his fellow board members and found himself on the losing end of a 4-1 vote.

As for Dr. Greene, this is the second time she’s now stood up to board members who clearly wanted to go in another direction on a politically-sensitive issue. Last year, when Miner and Gause led an effort to have the district’s attorney, Mitchell Teitelbaum, terminated after both had squabbles with him, Dr. Greene, who had just been promoted to the position following Mills’ unexpected retirement, sent a strong message that despite having been hired on a very short leash (a one-year trial basis of sorts), she wasn’t going to have decisions that were under her purview directed by the board. On Tuesday night, she showed similar fortitude toward a board that has shown tremendous willingness to go after Superintendents who go off script. Kudos to her.

Dennis Maley is a featured columnist for The Bradenton Times. His column appears each Thursday and Sunday. Dennis' debut novel, A Long Road Home, was released in July, 2015. Click here to order your copy.

 
 

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