Pretextual generally refers to a reason for an action which is false, and offered to cover up true motives or intentions.

The complainant, Shelton, alleged that School Board’s newly elected Superintendent, Rocky Hanna, discriminated against him by not renewing his employment contract based on age and in retaliation for his friendship and support of former Superintendent Jackie Pons. Mr. Shelton was Director of Maintenance.

The School Board denied the retaliation charge and the allegation was not addressed in the investigation due to the Commission’s lack of jurisdiction.

The School Board stated that Shelton’s contract was not renewed because he did not meet expectations as a leader and a manager.

However, Shelton rebutted these argument by stating that his performance evaluations during his 10-year employment met or exceeded expectations.

Records show that Shelton received an “Exceeded Expectations” for “supervisory behavior” for the 2015-16 school year.

Also, his  direct supervisor, Mr. Youngblood wrote that Shelton’s “knowledge, experience and professional commitment stands out” in providing the “best support service possible.”

Mr. Youngblood also stated he had not been consulted or advised about Shelton’s termination and that he had high regards for Shelton’s performance as the Director of Maintenance.

After an investigation, the Florida Commission on Human Relations notified the School Board and Mr. Shelton on August 24th, 2018 that  “there is reasonable cause to believe that an unlawful practice occurred.”

Mr. Shelton has 35 days from the date of the letter to request a hearing with the Division of Administrative Hearings and has one year to file a civil action in the court of law.

TR has contacted the Leon School Board and will update the story when warranted.

Incumbent school board member Joy Bowen was able to avoid a run-off  in the District 5 race with 53.2% of vote. Bowen received 3,867 votes while Bowen’s only challenger, Marcus Nicolas, tallied 3,401 votes.

District 4 incumbent school board member Alva Striplin faced two challengers in the August 28th primary. Striplin finished first but was unable to cross the 50% threshold with 47.4% (9,221 votes) of the vote. The run-off will feature Striplin and Leon County School Board administrator Ricky Bell who received 34.2% (6,671 votes) of the vote. Patty Ball Thomas finished third with 18.4% (3,578 votes) of the vote.

District 3 incumbent school board member Maggie Lewis-Butler faced three challengers. Lewis-Butler was able to secure a place in the run-of by finishing second with 23.9% (2,106 votes) of the vote. Challenger Darryl Jones won the race with 44.1% (3,878 votes) of the vote.

The poll, released Tuesday by the Tallahassee-based firm Clearview Research, shows that 68 percent of voters support limiting school-board members to two four-year terms. The Florida Constitution Revision Commission is looking at placing the issue on this year’s general-election ballot.

“The eight-year term limits (proposal) for school board members begins in relatively safe territory for two reasons. First, it begins with 68 percent support and second it is an easy and clear concept for voters to understand,” Steve Vancore, president of Clearview Research, said in comments accompanying the poll results.

The Constitution Revision Commission meets every 20 years and has the power to directly place proposed constitutional amendments on the November ballot. Vancore’s firm polled 750 likely voters on a series of issues being considered by the commission, which is expected to finalize a list of ballot proposals this spring.

The proposal to place term limits on school-board members, offered by Constitution Revision Commission member Erika Donalds, has drawn widespread attention — and objections from groups such as the Florida School Boards Association and the League of Women Voters of Florida.

“This proposal would apply to only one group among several similar groups of local elected officials,” the school boards association said in a document on its website. “It seems discriminatory and punitive to single out one group to be subjected to these conditions and limitations that are not applied equally to all similar groups.”

Nevertheless, term limits — which were approved in 1992 for members of the state Legislature — have been popular with voters. The poll results released Tuesday indicate that 68 percent of voters would “definitely” or “probably” vote for school-board term limits, while only 25 percent would “definitely” or “probably” vote no.

Constitutional amendments require 60 percent approval to pass.

Clearview Research conducted the poll from March 1 through last Wednesday, with the results having a margin of error of 3.58 percentage points. The firm on Tuesday released the results of three questions about proposed constitutional amendments.

While the term-limits proposal received broad support, voters appear unlikely to approve another high-profile proposal that would lift a ban on state money being used to support churches and other religious groups — what is commonly known as the “no aid” provision of the Constitution.

The no-aid provision, for example, has become an issue in debates about school vouchers. The 1st District Court of Appeal in 2004 cited the provision in striking down a voucher program that paid for children to go to religious schools, though the Florida Supreme Court later found the program unconstitutional on other grounds.

The poll indicated only 41 percent of voters said they “definitely” or “probably” would support a proposed constitutional amendment to remove the no-aid provision from the Constitution, while 51 percent said they definitely or probably would not.

Vancore acknowledged difficulty in wording the poll question to come up with a “neutral and accurate” description of the proposal and consulted with an election attorney, Glenn Burhans, about wording issues. But Vancore said the firm decided to stick closely with the way the proposed constitutional amendment is worded.

“With that we are comfortable with the language as it accurately describes the actual impact and, as such, (the proposal) begins in a very poor position with a majority (51 percent) voting ‘no’ and only 41 percent indicating a ‘yes’ vote,” Vancore said in the written comments. “As worded, this item would have virtually no chance of attaining the 60 percent threshold.”

The other results released Tuesday dealt with a proposed constitutional amendment to change the state’s primary-election system and end what is widely described as the “write-in loophole.”

Under current law, all voters, regardless of affiliation, are able to vote in primaries if the candidates are from one party. For example, if a race draws only two Republican candidates, the primary would be open to Democratic and unaffiliated voters.

But when a write-in candidate enters the race, it closes the primary. For example, two Republicans and a write-in candidate in a race would mean that only Republican voters can cast ballots in the primary, effectively shutting out Democrats and unaffiliated voters.

The proposed constitutional amendment would end the ability of write-in candidates to close primaries. The poll found that 58 percent of voters support the idea, while 26 percent oppose it. Vancore pointed, however, to the complex language of the ballot proposal and said that whether it would pass is “anyone’s guess at this time.”

By Jim Saunders, The News Service of Florida

The proposal would limit school board members, who serve four-year terms, to no more than eight consecutive years in office for terms beginning after Nov. 6.

“It aligns with what the term limits are in the (state) Constitution with other state offices,” said Fischer, referring to term limits for state lawmakers, the governor and state Cabinet members.

Rep. Margaret Good, D-Sarasota, voted against the measure, saying local voters should determine who sits on the school boards.

“We want to have local decisions made at the local level,” she said.

The proposed constitutional amendment is now ready for a floor vote, where it would need support from three-fifths of House members to advance to the November ballot.

The Senate is considering a proposal (SJR 194), sponsored by Sen. Greg Steube, R-Sarasota, although it would impose a 12-year term limit.

By The News Service of Florida

The Leon County School Board has informed Tallahassee Reports, that after an investigation, Ms. Striplin’s complaint against Ms. Lawson was unsubstantiated.

Deana McAllister, Director Labor and Employer Relations, wrote in response to Ms. Striplin’s formal complaint that ” it has been determined that your complaint is unsubstantiated and does not meet the threshold for the district to take formal action.”

Original Story

Tallahassee Reports has obtained a copy of the complaint filed by Leon County School Board Member Alva Striplin against Deerlake Assistant Principal Julie Lawson.

Recently, TR reported that Striplin confirmed a complaint was filed and that “Ms. Lawson should conduct herself in an ethical and professional manner as outlined in LCSB policies 3210 and 1210, towards all District employees.”

The complaint details a personal altercation that took place on the Killearn Country Club golf course.

Striplin writes that while playing golf Lawson approached her and her family in a “physically and verbally aggressive manner, videoing us with her cell phone, and expressing her opinion that she hoped I was not re-elected…”

Lawson’s brother-in-law, Ricky Bell, is currently listed as a candidate for Striplin’s school board seat.

Striplin also writes in the complaint that since the altercation, “two teachers personally reported to me she acts in this irrational and threatening manner towards them at school, but yet they feel there will be severe retaliation if the behavior is reported.”

Striplin says that three additional teachers at Deerlake have shared similar stories and are looking for employment elsewhere.

TR will update this story when more information is available.

On Thursday, the commission’s Local Government Committee approved a measure (Proposal 43), sponsored by Commissioner Erika Donalds of Naples, that would limit school board members to no more than two four-year terms in office. Currently, there is no term limit for school board members.

The committee also endorsed another Donalds-sponsored measure (P33) that would require school superintendents to be appointed in all 67 school districts. Currently, superintendents are appointed in 26 largely urban districts, while superintendents in 41 smaller, more rural districts are elected.

Both measures have cleared two committees and are ready for a review by the 37-member commission. If at least 22 members of the commission approve the measures, they will be placed on the 2018 general-election ballot. Before the final vote on those and other measures, the commission is scheduled early next year to hold a series of public hearings across the state on pending proposals.

The News Service of Florida

Hanna faced questioning from LCSB chair Georgia “Joy” Bowen on the resegregation of Leon County schools identified in a Sept. report by the LeRoy Collins Institute.

“I think an unintended consequence of school choice led to this (resegregation)’” Hanna said with a shrug, referring to the state’s implementation of school accountability standards, availability of private school vouchers, and the growth of charter schools.

He said changes to Florida law did away with traditional school zones and erased borders.

“Kids with the means and transportation could go wherever they wanted and those without are where they are,” he said.

“Kids desperately need diversity. They need to know how to assimilate — how to be around kids who don’t look like them, act like them and who don’t come from the same neighborhoods,” Hanna said.

“How do we bring diversity back to our schools? Well that’s a million dollar question, but together we can solve it,” Hanna challenged the board to think outside of the box to develop a plan with him.

“This is not an easy conversation to have as a community. We’ve all seen it but haven’t said anything. Now this report has come out and thrown it in our face.”

The LeRoy Collins Institute is a nonpartisan policy organization located at Florida State University which is affiliated with and works in collaboration with the State University of Florida.

School Board member Alva Striplin said, “this is painful, painful to me again…there is no forward thought to my district that is busting at the seams.”

Ms. Striplin represents District 1 which includes the area between Thomasville Road and Mahan Road.

Her concerns were, in part, based on the growth that will result from the Canopy Development within Welaunee, which is east of Fleischmann Road between Centerville and Miccosukee roads.

Ms. Striplin spoke about the current capacity issues at schools in her district and said “I feel like in five years this community is going to look back at us and say why were you not planning for this….we are busting at the seems..”

“I am extremely concerned about the high school situation….I do not see concern in the five year plan addressing the situation”, said Striplin.

Superintendent Hanna responded by saying he shared similar concerns.

However, he said the current priorities for capital investment include updating facilities at Fairview Middle and Rickards High.

Hanna stated these schools were previously neglected and need attention immediately.

The plan could give $8 million to Fairview Middle and $25 million to Rickards High by the year 2022.

Responding to Striplin’s concerns about her district, Hanna said looking ahead we are planning on adding capacity at W.T. Moore Elementary School and Cobb Middle School.

At this time, Hanna said students living in the Canopy Development will be zoned for Lincoln High School.

As far as a new high school in the northeast, Hanna said the district has $260 million in debt and $26 million a year for debt service and does not think it is fiscally prudent to borrow more money for construction at this time.

Hanna said after the work at Fairview Middle and Rickards High is completed the Board can look at possibly borrowing more money to address the high school situation in the northeast.

The bonuses range from $5,000 -$10,000. The total amount expended by the error that occurred in 2017 was expected to be around $120,000.

The bonuses were part of the statewide program called the Best and Brightest Teacher Scholarship Program which was implemented during the second half of 2015 after it was approved by the Florida Legislature during an earlier special session.

The program’s goal is to reward teachers deemed “highly effective” by disbursing “scholarships” in one-time payments.

To receive the bonuses, a teacher had to rate as “highly-effective” in their most recent evaluation. The teachers also had to score in the 80th percentile on college entrance exams in the year the teacher took the exam.

The error occurred when Leon School officials mistakenly submitted teachers for bonuses who were rated “effective”, not “highly-effective.” The audit caught the error and the district was required to return the bonus money to the state.

However, the teachers have already received the bonuses. Now the district is in the position of having to seek the return of the money from each teacher.

A similar issue came up in Gulf County in 2015. The district was forced to return in excess of $200,000 and seek recovery from teachers.

The Star in Port St. Joe reported that as of April 2017, “there remained just over $192,000 ultimately disbursed from the general fund and never repaid.”

The agreement can be viewed here.

A review of the agreement shows that the Leon County School Board will pay Woody Hildebrandt $55,000 in accrued sick leave, will not provide a negative job reference and will not take any action to prevent Hildebrandt from obtaining retirement benefits.

The agreement states that Hildebrandt will dismiss his complaint against the Leon County School Board. In addition, Hildebrandt agrees not to sue the Leon County School Board regarding claims arising from or related to the lawsuit.

The settlement agreement, if approved, would end a long saga between Hildebrandt and the Leon County School Board.

Hildebrandt made news when he sought whistle-blower status after launching accusations against then Superintendent Jackie Pons. He made headlines again when he was arrested and charged with four felony counts of grand theft while employed by the School Board. He also ran for Superintendent in 2016, losing in the primary to Pons.

A June 5 trial date was set for Hildebrandt with regards to the felony counts.

Check back for updates.

Tallahassee Reports has been informed by Randall Mills, a representative of the Old School, that the party scheduled for tonight has been cancelled. Old School released a statement which reads: “There are no events tonight at Old School. A third party promoter violated our terms and conditions and we were forced to cancel the event.”

Multiple sources told TR the decision to cancel the event happened sometime yesterday.

__________________________

Tallahassee Reports has confirmed that the owners of the City of Tallahassee subsidized restaurant, the Edison, are also part owners of a venue, known as the Old School, that will host an event on June 10 2016, featuring “pole dancers.”

TR received a number of phone calls questioning the legality of the event on a number of fronts.

The owners of the Edison, Adam Corey and Ryan Grindler, are listed as managing partners of Old School LLC and part-owners of the Old School property located at 633 West Pensacola Street.

Mr. Corey, according the City of Tallahassee, is also a registered lobbyist. One of his clients is the Leon County School Board. He is also the former owner of the night club 101 which was recently closed.

The Old School is described on their website as a private club comprised of Florida State alumni and fans that come together each home football game to commemorate the heritage and tradition of our beloved Seminoles.

Based on online promotional advertising, on June 10, 2016, the Old School is scheduled to be transformed into the “Belaire Mansion” for a pool party. The advertisement is listed below.

The advertisement states that the party is the ultimate bachelor party and that “Mizhani  and Spyda” will perform live.

Research indicates that”Mizhani” is a “pole dancer.” Videos of her performances show Mizhani barely dressed and dancing around a pole with men throwing dollar bills on stage.

The video link of a prior performance in Tallahassee at the Cheeks Lounge can be seen here. CAUTION, GRAPHIC MATERIAL.

Cheeks Lounge was the location where a Tallahassee Police Officer shot and killed 18-year-old Duane Strong in May of 2014. The City recently settled the case for $325,000. The club is now shut down.

Other social media advertisements verify the event and encourages patrons to “BRING YOUR $1’s.”

TR talked to the City of Tallahassee’s Growth Management Department who said that an event selling tickets could not be held at the Old School property location based on zoning issues. The property is listed as single-family in a zone labeled University Transition.

However, as of Thursday night, code enforcement was unable to say if the show would be stopped.

Based on Leon County adult entertainment ordinances, questions have also been raised about the sale of liquor during such events.

TR tried unsuccessfully to reach the City Attorney, Lew Shelley.

TR will continue to seek answers about the regulations in place for such activities.

However, during the same period, Leon County was able to retain teachers at a higher rate when compared to state of Florida trends.

The graph below shows the annual comparison of the average teacher salaries in Leon County compared to the Florida average for each year from 2008 through 2015.

Click on image to enlarge.

In 2008, the average K-12 teacher salary in Leon county was $44,213. That salary was 94.2% of the state average which was $46,930.

In 2015, the average K-12 teacher salary in Leon county was $43,160. That salary was 90.4% of the state average which was $47,744.

The chart above shows that teacher salaries lost ground from 2008 through 2013 and began to recover in 2015. However, the data shows that Leon county ranked 30th in average salaries in 2008 and in 2015 ranked 52nd.

Also during this period, the number of K-12 teachers fell by 4.8% statewide. However, in Leon County the number of teachers fell by 2.4%, or half of the state of Florida rate.

An analysis shows that if Leon County had laid off teachers at the rate equal to the state level and used the money saved from those salaries to augment current teachers, Leon County average teachers salaries would have been approximately $1,800 higher in 2015.

It appears that the decrease in salaries was the result of the school district keeping more teachers.

Was this a decision based on class size requirements or was it a decision to avoid terminating approximately 100 teachers?

TR will explore the answer to this question in our next report.