School Board Special Meeting

>> We're not in Technicolor. I welcome everybody to the AUGUST 15th school Board of Manatee County's special meeting. One official called meeting to order. Let's go ahead with the start of the meeting for our Pledge of Allegiance. So if you Enjoy the high pledge to flag of >> And one nation under indivisible, with liberty and justice for all. >> All right. Approval of the agenda, we only have one item on the agenda so I look to get a motion a second. So move. With the approval of the agenda, seeing no board members that up to speed. It's going to improve the agenda for this morning. That passes 5 to 0. Thank you. To our only item of new turnover school board, attorney, MR. Di to begin this morning. Just that. >> Thank you, CHAIRMAN. Good morning. Board members, superintendent. So I'm going to. Read into the record. The reason why you're here this morning, purpose of the meeting. It's the final hearing concerning. The Doah recommended order in the matter of Manatee County School board. The Berlin Wilhoite do a case. 25 dash 3, you've been a she. Also describes in more detail the for purpose of the final order meeting. I'm I'm gonna if you'll bear with me. I'm going to read it to get into the record. But it describes the reason why we why you're here this morning. The purpose of the vote. And those matters. This is the last step in an appeal of a disciplinary action that Goes to a department. The doh an administrative hearings under chapter one, 20 Florida statutes follows their procedures that's been heard by the doe judge who issued a recommended order that you have as well this morning. Following the filing, the recommended order, any exceptions to it? Any responses to the exceptions, the matter must be places. School board's agenda for consideration. Must be provided with notice of the meeting during which the recommended order in exceptions are being considered. This case. MR. Will did file exceptions to the judge's order? And they were responded to by the district's council, MR. Gonzales. The judge issued a recommended order. Findings of fact, conclusions of law. That actually upheld the former superintendent's. Termination of the employee. So the board at this point because some choices. The board choose to adopt the do judges recommended order and it's tyranny is its final order. It's the board. The board also choose to reject or modify conclusions of law. Or findings of fact. But if it if you do that, you have to have reasons for doing that. And those have to be stated with the. Very particular input into the record. The else except the recommended penalty that comes from the judge in the recommended order. MAY not reduce or increase it without review the complete record without stating with Particularity its reasons they're for. She got the findings of fact, conclusions of law and the penalty is is that is the. Different sections of the order. Each party is going 15 minutes to present its position before you vote. I don't think. This will what does not appear to be here. 2. Utilize the 15 minutes and the superintendent typically makes a recommendation. As well to the board before you vote. This morning, you're going to hear an alternative recommended order from your superintendent. And I'll let him describe. And so you'll have before you basically recommended orders. The one from the don't judge and one that's committed by the superintendent. And I'll turn it over to MR. Chapman at this point, unless there's some questions, want to ask me. Thank you. I don't see anyone that up to speak so that you can. Chair. >> My statement is as follows Dr Wilhoite. Has filed exceptions to the administrative law. Judges recommended order of termination issued by the Division of Administrative hearings. The district has responded to those exceptions. Dr Wilhoite did not file an exception to the penalty recommended by the administrative Law. Judge, which was. Dr Wilhoite be terminated. Florida statute. One 20.0, 5, 7, Section one k provides the agency in this case, the school board may accept the recommended penalty in a recommended order. That MAY not be deuce or increase it without a review of the record and without stating with Particularity, the reasons they're 4th in the order citing to the record in justifying the action. Having reviewed the division of administrative hearings recommended order. And knowing that the board members have reviewed the administrative record. I recommend that the penalty for the violations found by the administrative law, judge be reduced as follows. Dr Wilhoite will serve a discipline disciplinary suspension without pay of 20 workdays. Dr Wilhoite will serve a one-year performance contract that is contingent upon him incurring no further personnel issue during that year. Any such issue will result in contract termination. Dr Relate will be. Assigned to an appropriate position that does not involve responsibility for or oversight of student discipline and Dr Wilhoite will take in successfully complete 6 hours of training approved by the human resources department. I believe the school board's reduction of the recommended penalty is justified. I record evidence showing Dr Well, White's length of service to the Manatee County School District. And it's stated desire to continue that employment. A lengthy suspension without pay is justified, DR. Well, White's response to previous discipline. With reassignment of John job responsibilities, successful completion of additional training to be specified by the hr department and close supervision this upcoming year. Dr Wilhoite suspension will constitute meaningful penalty short of termination for his breach of school board policy. Concludes my statement, MR. Board chair. Thank you very much. To get some discussion going. I'm going to motion to accept. >> The recommended order subject to incorporating the superintendent's recommended modification to the penalties are second to move. Jim Motion a second on the floor to accept that recommendation. Order subject to incorporating the superintendent's recommended modification to the penalty so we can open this up for discussion, MR. Tatum is felt. So I'm going to. >> MR. Messenger as second here play a video. It's a video sort of feeling guilty for 3 or 4 minutes of the 52 Crush and Fairchild Air Force Base in 1994. So MR. Messenger, if you could, play that video for us. And then when you see me do this with my. And then we can stop it. But go ahead and play that. If you would, please. >> cbs news correspondent Scott Pelley that the crash was the result of the pilot doing unsafe stuff in violation of safety regulations. But the story does not end there. And tonight, the eye on America. Correspondent Kelly has more about an out of control pilot and a hero called policy to try to stop it. >> The disaster was I'm. >> For senior officers killed as they're being 52 bomber crashes at Fairchild Air Force Base near Spokane, Washington. Incredibly, it was no surprise talk. Air Force pilots have fought for years prevent this accident but were ignored by senior commanders. He continues his turn. And today the Air Force said the pilot caused the crash by performing forbidden aerobatic maneuvers in preparation for an air show. He was Lieutenant Colonel Arthur Holland. One of the most skilled fliers and the Air Force. But a man known to take terrible risks in a b 52 often captured on home video is quite pushed the bomber far beyond its too low to to your officers complained repeatedly but it was after this flight when Colin cleared a ridge by 30 that one officer decided he had to be stopped. Lieutenant Colonel Mark McGhee Air Force Academy Graduate and squadron commander at Fairchild demanded Holland to be grounded. >> The crimes are extremely worried. Mcgahn's wife, Jodi. >> One of there's in the squadron was not they fly and they did not want fly with him anymore. >> But officers defended Holland saying he was too senior to experience to be grounded. They refused to make Ian's request. >> He more or less the by the door and looked at his commanders could just want make sure that you completely understand me. I did not believe that he should ever be able to fly again. >> So with his superior officer refusing to act muggy and did the only thing within his power, he ordered his men never to fly with Holland. If anybody had to go. >> It so Mark McGhee and was the copilot on the flight that day as his wife and 3 walk. >> Either we are out there your streaming that and thank you for sure that they could stand as they are coming straight over the House. The >> I would think I was >> But Monday saying the doctor will it is better. And so. Gives me. You get a few points with me for being a veteran. But the point here is, is that over the course of Dr, will career? Many people? Have told us and this is not this is not his personal record. This is his discipline >> Have told us. He's dangerous. Don't let him fly the plane anymore. You MAY be good at what he does just like Tenneco home was good at what he does. But he has. Official record 5, 1, 2, 3, 4, 5, reprimands. From different bosses. Different supervisors, different superintendents. He also has 2 suspensions, a two-day suspension five-day suspension and 2018 was a two-day suspension. A five-day suspension in 2020. Now he's up before us again. Something else. A peer group of senior leaders within the school system has reviewed his record and the review. The incident that happened that day. And by the way, it's not just the incident that happened, that that last incident that happened, the video that we watch, that that was it. I would take a different hacked on this. Multiple supervisors. Multiple superintendents. A group of senior leaders within the organization do a judge. A ball said. This gentleman should not be working at the Manatee County School system anymore. Is a danger to himself and those around him. Take the keys of the plane away from him and what should happen to attend a crow Hollande's. He should have gone through what's called a nephew be Applied Evaluation board. He should have had his wings taken from his Justin. It should have been removed from the Air force for gross violation of safety standards and conduct unbecoming an officer. DR. It has been in the school system for 25 years. You'll still have if we were to terminate him that there were like to answer this question, would he when you lose his pension? No, no, he's not going to lose his pension. He's been with the system for 25 years. The people are telling us just like they were looked a crawl home everyone in the airports, they're not everyone. But lots of people that flew with Lieutenant He's dangerous to let him play the plane anymore. That's what this record shows. Clearly. And the frustrating thing about the record is that there's never any remorse. From DR. Well, why it's always somebody else's fault. If you read through here, it's well. Yeah, I did that. But well, yeah, but I was right. But yeah, site that there's never any remorse. You know, actually. I was hopeful that he would come to us or show some type of contrition or show some when he was standing up before us at the last hearing. That's why you saw me kind of. Struggle with my vote. Was hoping he would say, you know what? I'm going to take a look at myself, but I might have some issues going on here. You can see he was very angry and somewhat arrogant when he showed up in front of us. And again, that's what record demonstrates. But there's no contrition there. It's always somebody else's fault. There's no self interest section. And if you're a senior leader, if you've been here for 25 years, you have your doctorate degree. You have to be able to have that soap introspection. And he doesn't. And there's no contrition and there's no remorse. And so. I'll be voting. Against the superintendent's recommendation. If it doesn't, goes forward. That's funds to Democratic. Process. If it if it goes, the vote goes down for the superintendent's recommendation that make and motion for termination. So I do this with a heavy heart. I actually chose a black jacket today because I'm not. I mean, I've been thinking about this all week. I have no desire. Especially a veteran to see something like this happened to him. But it's very but I was reminded of that this accident, which all Air Force officers know about specially others know about. And like he's Tom Holland. It's good at what he does. Maybe he's a danger. The organization. When take the kids are playing away from him and remove him because he's a danger to himself and those and those around him and the record shows that. He doesn't have any contrition for his outbursts and anger. And that's all have said about that. Thank you. Thank >> I agree with MR. Tatum. I will not be supporting recommended. Pretty much all the same reasons. I also reviewed the binder that MR. Tatum has over there if you look in the discipline office. There's not a lot in the drawer right? Some people have a little manila folder. He's the only one with the Hope Finder. He's a binder. Of incidents as MISTER Tatum said. We go back and you 7 incidents of progressive discipline. But this last thing being the 7th generally for ethics violations. And that concerns me. In and partly in 2020. He was told that if there was another incident, he would be terminated. And since then, there's been incidents. This was taken to discipline Committee. They unanimously agreed. The termination was necessary. These are our co-workers. This is not a decision they came to lightly. Nobody likes to make those kinds of decisions. They brought that to the superintendent. Who then preceded. With that recommendation to the sport. I still to this day, regret going along with the decision to retain him on salary. Can't do anything about that right now. And then, of course, then it's going to who again. Recommends termination. Even if we just took into account the video evidence from latest. Incident. That to me was unacceptable. Do not put our hands on children. And yes, the child slammed the train down and was yelling. But he was not. Physically. Attacking DR. Well, White Dr will hate put his hands on the child. First. We do not put our hands on children. So that that's just one more thing. But it's not just that it's the 7. But the fact that they're 7 incident says. Progressive discipline throughout and nothing seems to me the dent in that this behavior needs to change. This is a repeated pattern of behavior and Mr, Tatum said, there doesn't seem to be any show of. Well, I was wrong. I should not have said that. Have done that should kept my temper. Having myself been. In the situation of. Being treated in that way as an employee. Because I was female. By the way. I have a very particular view. I'm not sort of behavior. The person that was continually speaking to me in that way was reprimanded and continue to act in that way. I found him to quit that job. Because our upper. Supervisors didn't do anything about it. They liked him. They were buddies and he was a good chef. This isn't working or restaurant. He was a good chef and they didn't want to have to replace him. The harassment to me progressively worse. Until finally, I quit. And this was this was as an adult. That that. To be treated in that way to be treated without respect from your coworkers. It makes a hostile working environment and they come to work every day, feeling sick to my stomach knowing I'm going to have to interact with that person. That made it worse every day. We've all watched the training videos right about the girl. What is being harassed by the guy and not wanting to speak up. That's that's how I felt. And now. We have people speak up. 6 different people, at least 6 different people. Have spoken up. And we are not taking them into account. Their feelings. What happened to them doesn't matter. If we go forward with this. Typically after being told that he would be terminated if this behavior continued and it continued. 2 more incidents. Took place. To have him come back to work. For the district. Shows that this board. Does not respect those people who are victims of of his treatment. I don't anticipate. Of course, I'm going back into schools. So child safety. I don't think will be an issue. But we should protect our. Our staff. We should treat them with respect. 2. You know, completely. Ignore this and continue with this this new final order, which which paragraphs 31 39 are rejected. And then you look at doe was. They're going 31 and will be put there in preponderance of evidence. This is 31 the preponderance of the evidence supports following petitioners, progressive discipline policy. Sequential penalty of termination established in the employee handbook. It's appropriate. And then you go to. 39 because the petitioner exhausted all disciplinary steps articulated in the progressive discipline policy prior to the SEPTEMBER 30 2024 altercation between the respondent and Kate. Why petitioner as just cause to terminate the respondent. They then give us some case. Long there. That wasn't for example, dating back to 2012. And which the school board have just cause to terminate an educational support employee for violation of school board rule using progressive discipline and we're going to. Exclude the progressive discipline. Violations by eliminating those paragraphs. Seems to me that this is based solely on one incident without looking at the pattern, repeated behavior. And this concerns me. Having agreed in the past 2. To the line. Follow procedure. Maintain thanks. And then not doing so many times. Shows me that this is. New order. This new discipline is not going to matter. We can only. Do so much to help him. And they have tried. Otherwise he would have fired long ago. They continue through the process. Okay. We're going to move you to this position. You no longer allowed to do this. You need to do this. Instead, we're going to have you work over here. And the pattern continues it. It doesn't matter where he's been placed. And now we have staff who have been involved in this this case who now have to work here and work with our around him and other staff who have been on the receiving end. His behavior who have to work here and it shows this board. This order that we are not concerned about their feelings and what they experienced as victims of this behavior. I will not be supporting. The final order. Thank MISTER. Getting. Thanks a We'll be mostly brief because I think you all know how I feel about this case and have from. >> Day one. The I do want to address previous. Since it's a previous this point and it is in the record of the case. I think it's fair to talk about to characterize. MR. Adr Wilhoite as a danger to himself or others I think is very unfair. I think, to refer to victims. Is unfair as pertains to his progressive or previous this point. There were 2 previous this point incidences where he was plan for. Arguing with the co-worker. I You know, we all can we moments where we could have ourselves better? But some of the other progressive to our previous discipline was most recently for sending an email to deal. Official and Tallahassee. I'm not sure that becomes a discipline issue. But Superintendent Ken right up anybody for anything they want. One the other. Discipline issues previously was about book that he wrote more than 20 years ago on his own personal time that had nothing to do with his job. I don't how I don't know how you bring discipline against employee for something to do in their own time outside of their work. But you know, film, think here. I do see your point. And they're they're worth sometimes handle some it will self better. And I think even in the case in the incident that has brought us here today, I think Dr Wilhoite could have handled himself better. I just don't believe it rises to level of termination. As you all remember, I didn't think we would even be dealing with an alj recommendation of termination. So when we did get that final order from the l j and honestly, I was very surprised. I do think they'll chase decision deserves consideration and respect. Even though I disagree with it. Why I do support. Modified final orders term for modifying. A month without pay is a significant. Financial. Penalty. And I would ask any. Any of us are unemployed, not just in the school district, job. How would you do if you missed 2 paychecks? Lot of 26. That's a significant penalty. And I think, wow, I don't believe it rise. This case raises the level termination. I do think there is some discipline that should be that should be handed down. So a month without pay. Being reassigned. To a job without student supervision. The performance contract with basically anything else and it's over. And then 6 hours training. I think that's I think that is for me. It's a good middle ground between. Right Ali was, which is I can't believe that the come out with this decision. And frankly, some of the language in the final order. We just share example of the alj uses the word chokehold. The leave it to the final order. I went through the transcript. I'm sure you will have read the transcript of than a 5th hearing. No one in that transcript or choke hold. So I have some concerns about. What I'm looking look at that. I just have some concerns about the language. So I believe this penalty. It's it's harsh. And I think it addresses. The fact that Dr Wilhoite could have handled himself better in this moment. And it's come to this middle ground between where I am and where MR. Tatum in this film are. So so I will support the motion of the modified work. Just right. I have followed this case from its inception. I printed. >> Read it's all right here. Every patient's been submitted should do. Every report. That was filed. I split up in the date. It was filed all the way through some modifications to the original. Petitioners filing to do. Do recommendations. District's response respondents MR. Real Voice response. And then the district's final order that we have before us. But I also looked at. The history. Of all sides. Just not one individual. What's not present all of these documents. Conversations with people that do not want to go on the record. Want to be. Singled out. All say that. And I'm talking about. People that worked for the district has retired. People who still work with the district. Never name names and even people. Never been in a district that our community. Leaders. And when I say history of all. Sense, others members have brought out. The reason this whole incident took place. That's a history I'm talking about. You have to look at the history on both sides, not just. Don't said before that There's a red line, if you've crossed that red line. I mean that for everyone. I mean, that from. Administrators. But also know that goes to students. Have a student code of conduct. And if students cross that level of red line for me in their behavior and even a history behavior. I just think that's to meet putting. Our district employees. And very comfortable and challenging situations. And at that time you have make those decisions and sometimes they could be. It's a reaction to what's going on. Just snap decision that you make. And if you make that decision. You have to follow through with that and and feel like it did the right thing. And in this case. And again, talk to people that has long history. MR. Wilhoite. i'm going to support the final or because I believe that history is well beyond binder that you brought down today. I could have brought a binder. Of the other side. That would be more significant than what you have. So I don't know if you have any other. People. Your Tatum again. Okay. >> Others make one more comment. And that is obviously, you know. I think we know where this is going to go. But when I say that world the day so can other people, it's not exaggeration, right? It's gone from being very verbally aggressive with people. To finally then. Putting his hands on a child situ and acting very aggressively with the child like this wasn't restraining him, was grabbing him, marching him out. This is like this is there's this progression of anger that has right. Who knows is going to be an adult next whose is going to put his hands on next. What's going to trigger him again? And, you know, I've been around. The airport's long up and cause lifelong up. And certainly the leadership were long enough to know that this is a continual progression of an anger problem that he she doesn't seem to have any contrition for nor does he seem to want to look at himself might have a problem here. What can I do better? And without absent that just going to keep happening, anger is going to ramp up or it's going to stay, at least are it is concerned that what's next? Hands on hands-on all hands on it on fellow employee. That's that's why I say that I don't. Think that's exaggeration. There's been a progressive. Powder behavior from very verbal aggression to physical aggression. And that's why say the danger terms helping other people and we shouldn't take that risk here. And the school system. We'll have his pension. He's been here for 25 years. We probably should go. Talked to Maybe DR. Well as listening, take no pleasure in the sir and I wish you the best. But I'm just telling you from someone who's been in. Done leadership in airports with 30 years as well as all that and watch and council leaders is that. You have an anger problem. You have a little bit of arrogance. Need to do some self introspection say how did I get here with all these people? Supervisors, multiple superintendents, judges in 2 school board members thinking that I should no longer work and the school system as well as panel of my supervisors. Earley says senior leaders. That's what they're saying. Thank Yeah, just real quick. I would just ask. For anybody who interest in this case up on this case, just please read the judge at Alj's recommended order. And then read DR. Well, what's Because for me. >> The exceptions that Dr Wilhoite filed there arm. I think there are 15 of them. Some of them are very compelling to me in defense of himself. The school board. I mean, this is a bit of a technicality, but in the transcripts, our former general counsel, MR. Title bomb. Talked about. How this. Using this policy 40 to 13. Is actually. About. Inappropriate behavior with students along the lines of corrupting morals that some my words, not the policy, but that's just how I would describe it. MR. Time bomb. Have this right. He and his testimony. He said that. This would actually be properly disciplined under 40 to 10. But but again, that the alj has made her decision. Disagree with that because I find MR. DR. Well, what's exceptional, more compelling? I I do support. I believe is this middle ground, which which is a significant penalty immediately. MR. Tatum, you're right. He would still DR. Well, what would still collect the pension? But it would be a very reduced rate because he didn't make the 30 years. I forget what the percentage is that you lose for each year. You go out early, but it's. I mean, it's I don't want to But it's it's not like if he was terminated. A 25 or any employee was terminated. 25 years they're going they're going to get their full pension. So that would be a penalty he would serve for the rest of his life. Based on this incident. So I mean, this you know, like I said a month without pay. Plus, all these other conditions. I don't I don't know this for a fact, but I would imagine that any person who has been sitting home since last OCTOBER with their career hanging in the balance. Has has experienced something that. Would create a lot of introspection. So I you know, if I put myself that position. Waiting for months to find out. What's going to happen to me in my career I would certainly spent a lot of time thinking about what I could do better. And and again, just well, obviously. But that enough. So I I will I will support The modified. >> Said much. I I I don't believe this should have never been up. Termination. Go back to his file. There's 15 years of of nothing. He writes a book in his own personal time. I think people took offense to it and you see some actions and things that have happened. And I mean, listen, 2 years ago by committee his peers. He was recommended. To replace to retry are. Bottom line didn't happen. How did happen? That whole situation was definitely still is conundrum. I don't believe he is a danger to the people around him. And I think he's he's valuable to our organization. I mean, think it should never been this far. We talked about do up. We had to do we disagree. But doa several months ago about another incident. They came down with a different order and we went against him and said, no, we're not only suspending or firing so this is an unusual that we don't necessarily disagree, aren't really don't agree with. Do we've done in the past, I think was his board, believe. And I think that when you guys first came on as we welcome the job, just took a With that, I do have MISS Felton on the board and this right. Just one final thought because I know where this is going anyway. MR. Ku said he he. Could have. Handle things differently. Said several times he could have. He should handled things differently. Not just could he should handle things differently and we all have moments where speak before we think. But this this continued behavior of speaking for you. Thanks. Concerns me. And again, I don't want to be beat the horse. And I'm sure he is listening. Do not want this to repeat itself. I don't have to be doing this again. And you know, if you can keep it together. He can, you know, rain in his tone. Then great. Please prove me wrong. Please prove me wrong. I just thank. Maybe maybe too long of of being a teacher too long of working in the world of. People say, no, no, no, I won't do that anymore. And then having do it again that I have serious doubts of of ever seeing that change. I don't think I've ever seen that change in anybody. So that's where I'm coming from with it. I am. I speak to the anymore, but I just want. MR. Real Doctor Wilhite to hear. My concerns as well. Know he's he's probably watching this. That this cannot continue this pattern of behavior cannot continue. I highly recommend income management. And to please, please prove me wrong. This will happen again. I think we're one Markham, here. A danger to himself and others. Through this entire file. I didn't read anywhere. Were there were criminal charges? In the case Dcf. And sheriff both denied. Filing any kind of criminal charges far as remorse. I think he's had several months reflect. I think that. There has been a >> time look say, ok out, probably need to change a few things. On to the point where I think we should probably call the question. >> I don't have any other person that up to speak. Don't think we need that asked that. I think we're ready to vote if you have a motion is second to accept the recommended order subject to incorporating superintendent's recommendation modification to the penalties. And we go vote on. That acceptance. MR. CHAIRMAN. >> For a vote just once would be clear. I want to voting on a second from. But I heard this right what's in the order? Just 20 work days without pay. Year performance contract. If there is any discipline issue at all for any reason, it's a termination. Is that correct? Hear that right. Still to come back to us it will be back here I think given You're right, MR. Tatum, but I think to Missus, point. You know, think we find ourselves back here again, Missus, Feldman what I just heard. I don't put words in your mouth is, you know, prove me wrong. I hear you loud and clear. And I think that's fair that like if you get this, if you get this chance. Do the right thing with it. Let let me continue that for a one-year contract with that. Her mission was put? Okay, assigned a position does not involve student supervision. Correct? Right. Because MR. Kenny, back to the contract. I would call upper a probationary contract. >> Contingent on no further personnel. >> I want but to MR. Tennis point that would that would still as one. But this a green. This grants want to clarify before we vote. If there were some issue and he would go for termination, we we cuts we would still have to go through that. This whole process. We just went through this time. >> The superintendent would bring back a recommendation of or thing >> Thank Only the board has the authority to terminate. >> Gotcha. Okay. And >> Okay. So signed to a position. That does not include student supervision. And then 6 hours of training. Decided by a charge just something we decide by the superintendent. Yeah, it's a coordination with the hr lead. Okay. That's ahead of to make sure of us. And all the conditions. Correct? Okay. There's been start >> All right. So the motion is excepted 3 to 2 with MISTER Tatum and MISS Felton being that, who knows? All right. That is all we have for today's agenda. >> Looking forward next week, Monday, interviews for the superintendent, please rather public. If they might watching. I give us your feedback, but it's what you think. Board have a good weekend. We will see you