Flagler Schools’ termination letter gives zero detail on attorney’s firing
Daytona Beach News-Journal | By Mary Ellen Ritter | Updated February 6, 2024
The Flagler County School Board made public its termination letter to board attorney Kristy Gavin Monday morning, but the document lacks any insight into why she was fired.
Gavin served as Flagler’s board attorney for 17 years. According to her contract, she could only be discharged for just cause — either dereliction of duties, failure to report to work, misconduct in the office, or violation of criminal laws.
But despite noting their distrust and dissatisfaction in evaluations this fall and taking months to deliberate Gavin’s termination, school board members have not publicly announced the cause for her dismissal.
The letter, which was drafted by the law firm Shutts & Bowen, was a “formality” and “just a requirement,” according to board chair Will Furry.
It states that Gavin is being terminated for “cause” but does not provide any additional details.
According to Furry, it was not required to note any additional specifics, based on advice from counsel.
“(Shutts & Bowen) knew that our intention was to terminate with cause, and they advised us that that letter satisfied that requirement in her contract for the letter that needed to be delivered by the chair,” Furry said.
Board member Cheryl Massaro said Gavin’s termination letter is incomplete and that it should have specified the cause with supporting documentation.
“It’s very vague,” Massaro said. “We’ve been told we’ll get a follow-up explanation, but we have not received anything.”
When reached by phone Monday, Gavin, who said she has sought legal counsel, said, “I’m really not commenting in the public at this time because I have 21 days in which to file a petition on the matter and also to pursue other avenues.”
If she moves forward with a lawsuit and a judge determines just cause did not exist, Gavin could be further compensated.
Massaro said if Gavin does decide to seek legal action, her termination letter will “certainly strengthen her case.”
According to Gavin’s contract, upon her termination, the board is required to pay Gavin an additional 12 weeks of her $132,325 base salary without benefits as well as accrued sick and annual leave. However, her termination letter notes that Gavin will receive a final paycheck, including full pay, subject to all withholdings and deductions through Jan. 22, the date of her termination, along with accrued vacation and sick leave.
The board’s next agenda workshop meeting is set for 3 p.m. Tuesday. Its next information workshop and regular meeting are scheduled for 1 and 6 p.m., respectively, Feb. 20.
