- May 6, 2024
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Flagler County School Board members’ recent evaluations of Board Attorney Kristy Gavin shed light on why the board is paying an outside law firm $5,000 to find a way to terminate Gavin’s contract.
Gavin, who has been the board’s attorney for 17 years, had her contract renewed for three years in December 2021 by a 3-2 vote. The two board members who voted against renewal are no longer on the board. But the three newest board members, who were sworn in last year, all gave Gavin unfavorable reviews this past month.
Gavin’s contract states she can be terminated for just cause, “defined as dereliction of duty, failure to report to work, misconduct in office or violation of criminal law.”
Her job duties specify providing legal services for the board as well as the school district.
Board member Christy Chong, in her evaluation, cited a lack of trust in Gavin in two of her comments. Chong also cited a lack of communication and said, “I do not believe there is impartiality among board members and I do not believe we are treated equitably.”
I am appalled Attorney Gavin believes it is appropriate to share comments with media without consent from the board, either on or off the record.” — SALLY HUNT in her evaluation of Kristy Gavin.
Board members Sally Hunt and Will Furry also brought up trust issues.
“Myself and other board members have expressed distrust in Ms. Gavin,” Furry commented in his evaluation.
In her comments under the category of “Relationships with the Board,” Hunt wrote: “I have not, as one equal board member, had access to a trusted attorney to provide the legal guidance I need to perform my duties as an elected board member.”
Furry suggested that Gavin spend less time “on media relations.” Hunt went a step further.
“I am appalled Attorney Gavin believes it is appropriate to share comments with media without consent from the board, either on or off the record,” Hunt wrote.
The Observer frequently asks questions of Gavin — as well as other attorneys representing local government entities — about legal issues.
Hunt said she has found Gavin to “lack judgment and professional acumen in her role. She does not serve as a neutral party.” As an example, Hunt used Gavin’s handling of public record requests, which she said “are not handled equally or in accordance with the law.”
The Observer asked Hunt for a specific example of this claim. Hunt responded in an Oct. 6 text that she is “currently out of town and not currently available for comment.”
In an email to the Observer, Gavin said she can’t comment on the claim because she has not had a conversation with Hunt on the matter.
“What I can say to you is that the District has always provided a good faith response when a request has been received,” Gavin wrote.
In an interview with the Observer in March, Hunt said she was upset by public record requests concerning her text messages with then Wadsworth Elementary School Principal Paul Peacock.
Gavin, at the time, said the district requested that Hunt provide her phone to the district’s technology department to offload the messages. Hunt said she was not comfortable bringing her phone into the district office.
Public record requests are not listed among Gavin’s job duties in her contract, but Gavin said in an email that they came under her purview several years ago because of litigation elsewhere.
Board Chair Cheryl Massaro and Vice Chair Colleen Conklin both provided very favorable evaluations of Gavin.
Conklin wrote: “I have always found that Kristy works from a high ethical standard. … She has attempted to work collaboratively with board members. She is knowledgeable of the law and works to effectively communicate this knowledge with others.”
Massaro wrote, “Ms. Gavin is extremely professional even under constant harassment, numerous public records requests, as well as being short staffed. … I believe she always puts the district needs and interests first, to find amicable solutions to concerns, and keeps Flagler Schools moving forward.”
Under "Objectives for Improving Performance," Massaro wrote Gavin needs to “update the board of district litigation issues quarterly.” Chong wrote that the board is “not updated on state and federal legislation.”
Massaro agreed with the three newest board members to hire the firm of Shutts & Bowen to look into terminating Gavin’s contract. Massaro suggested the possibility of moving Gavin into a district role, with the board contracting with a law firm to take over the board’s legal needs.
The board members could decide on their next step at their Oct. 17 business meeting.
