Reporting misconduct has board's initial okay

A proposed School Board whistleblower policy would discipline those who don't report wrongdoing.

By MELANIE AVE, Times Staff Writer
© St. Petersburg Times
published May 8, 2002

TAMPA -- School system employees who suspect wrongdoing but don't report it could be disciplined, or even fired, under a new whistleblower policy that received initial approval Tuesday night.

The unanimous vote by School Board members comes a few months after former school administrator Doug Erwin went public with accusations of gross mismanagement that embarrassed the board and spawned an outside audit.

If the new policy receives final approval following a public hearing, Hillsborough will become one of only a handful of school districts nationwide that have specific whistleblower requirements.

Superintendent Earl Lennard said the policy creates a formal process to bring wrongdoing to light.

"It will not be tolerated in the school district at any level," he said.

But questions about the policy remain, including what kind of misconduct must be reported and to whom. The policy also doesn't detail specific penalties for noncompliance.

"It is the obligation and essential duty of an employee to report any and all suspected acts of criminal conduct, mismanagement, unethical behavior or any other inappropriate conduct," the policy states. " . . . The failure to make such a report shall be grounds for disciplinary action against the employee."

Yvonne Lyons, director of the Hillsborough Classroom Teachers Association, said she is uncomfortable with the idea of disciplining employees who fail to report allegations.

"I feel uneasy about that," she said. "There would have to be substantial evidence to show an employee had violated this policy."

School attorney Crosby Few said proving employees had knowledge of misconduct could be difficult.

"It's basically an encouragement policy," he said.

Assistant superintendent Dan Valdes said the policy is designed to encourage employees to report suspicions of wrongdoing that hurt the school district's interests.

State law already safeguards the positions of people who report misuse of public funds.

Once allegations are reported, the policy says an investigation should begin within 30 days after officials determine results would yield significant improvements in school operations.

A written report would be completed 60 days after the investigation and given to the whistleblower, the School Board and appropriate local, state or federal agencies.

Before the policy was approved, board member Joe Newsome, who was accused of wrongdoing by Erwin, said he wanted to ensure whistleblowers who report false information are punished.

"I'm concerned about somebody being falsely accused by a whistleblower," he said. "I think there needs to be protection on both sides."

Valdes said employees who knowingly report wrong information could be disciplined.

While writing the policy, officials surveyed other districts nationwide but found only two in Florida -- Leon and Palm Beach -- and one in Texas that had a whistleblower policy in place.

-- Melanie Ave can be reached at (813) 226-3400 or melanie@sptimes.com.

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