School Board votes to lean on whistle-blower

An attorney advises the board that the district can legally require employees to answer questions about work-related issues.

By MELANIE AVE, Times Staff Writer
© St. Petersburg Times
published January 9, 2002

TAMPA -- Last month, School Board members were frustrated when school administrator Doug Erwin refused to answer their questions about alleged wrongdoing in two maintenance departments he oversees.

On Tuesday, they unanimously decided to give Erwin an ultimatum: Speak up, or face possible discipline.

"There was a lot of innuendos and rumors we had hoped to clear up," Glenn Barrington said of the disappointing Dec. 14 meeting with Erwin, a 33-year school district veteran and the district's director of operations. "That didn't happen."

The board voted to call a second meeting with Erwin after superintendent Earl Lennard presented a letter from attorney Thomas Gonzalez advising them the district could legally require employees to answer questions about work-related issues.

"The failure of any employee to answer such a question or to comply with the directive to disclose would constitute insubordination," Gonzalez wrote.

Tuesday night, Erwin said he wasn't sure what to make of the board's latest attempt to compel him to talk and could not say whether he would agree to the request.

"I'm clueless right now," said Erwin, who did not attend the meeting. "Anything I would say would be speculation."

Lennard said he is not sure what action he will take if Erwin refuses the board's request to talk.

"The consequences would depend on the level of insubordination," he said.

Erwin maintains that the district has used him as a scapegoat for the wrongdoing after he first reported the problems. He has also alleged that various administrators and board members failed to act on his accusations for years.

Erwin requested the December meeting with board members, but decided at the last minute not to answer questions, on the advice of attorney Brian Rush. He said the meeting appeared to be a setup, but agreed to meet one-on-one with board members.

Board members say they are not targeting Erwin, but simply want to know more about his allegations.

Erwin disagrees.

"It ought to be obvious to the world what this is about," he said.

The battle between the board and Erwin began soon after a November internal investigation showed $560,000 might have been misappropriated in the district's grounds department. A separate investigation of the maintenance department accused two employees of using district money and equipment for their own benefit.

Board members said they want Erwin to provide more details about his accusations and also to reveal information about other problems, which he said he has not shared.

"We're not hiding anything," said Joe Newsome. "We're not protecting anybody. Whistle-blowing is one thing. But whistle-blowing that you can't back up is another thing."

- Melanie Ave can be reached at 226-3400 or melanie@sptimes.com.

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