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Lawyer: District broke no rules
By BARBARA BEHRENDT
© St. Petersburg Times, INVERNESS -- The administrator chosen as the new Citrus Springs Middle School principal may have shown "poor judgment" in dealing with an employee, but no district rules were violated, the SchoolBoard's attorney has determined. In a letter to board members this week, attorney Richard "Spike" Fitzpatrick said that they can reject Superintendent David Hickey's appointment of Bill Farrell as principal, but that Farrell could then legally challenge them. Fitzpatrick has always maintained that, by law, the board must show "good cause" to reject any personnel appointments by the superintendent. The board is expected to vote on Farrell's appointment at its regular meeting Tuesday. A half-dozen employees at the school complained at a recent School Board meeting that they lost their jobs or their tenure was delayed or denied even though they had good records of service. Several who completed standard letters of intent to say they intended to return to their jobs next year were asked to change their forms after being told they were not welcome back. The employees complained they were being asked to falsify school records. After hearing the complaints, the board tabled Hickey's recommendation of Farrell pending the outcome of an investigation. In his letter to the board, Fitzpatrick said he spoke to administrators at the school and listened to the tape of the comments made at the board meeting. He acknowledged that at Citrus Springs Middle School and probably other schools administrators gave employees the option of filling out new letters of intent. Based on the reactions of employees, Fitzpatrick noted that the practice "can be easily misunderstood" and should be considered for modification in the future. As for the complaint that Farrell told an employee that she would be recommended for tenure if she left the district, Fitzpatrick said Farrell showed poor judgment in making the offer. However, no rules or past practices had been violated, he concluded. He also said that the district does not have to give annual contract employees a reason for why they are not hired for another year or why they are recommended for a fourth year on annual contract. Usually, after the third year on the job, an employee is offered a professional service contract, which is considered tenure. Because of that, Fitzpatrick said that the employees who have complained are not entitled to any reconsideration.
 © 2006 • All Rights Reserved • St. Petersburg Times
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