School board declines superintendent's request to place veteran employee on unpaid leave pending DOAH hearing

The School Board of Manatee County voted on Jan. 21 against the superintendent's recommendation to place a 26-year district employee (identified in board materials as employee VW) on unpaid administrative leave while the employee pursues a hearing before the Florida Division of Administrative Hearings (DOAH).

Former long-time district employee Dr. Skip Wilhoit spoke during public comment, disputing an allegation of excessive force and describing what he called a "campaign" of targeted intimidation. "I disagree with those terms or disagree with those terms in the strongest possible way," Wilhoit said. "I was attacked and threatened by a student with an extensive violent history ... At no time did I use excessive force with this student."

The superintendent, Dr. Wysong, recommended the board place the employee on unpaid administrative leave pending a DOAH hearing. The board's legal counsel explained the motion before the board is "limited to just voting on the superintendent's request to place the employee on unpaid administrative leave pending a hearing on the merits," and urged the board to avoid discussing the merits of the case because the DOAH proceeding will create the evidentiary record.

Board members engaged in extended procedural and policy discussion. Some members said the district's longstanding practice is to place employees on unpaid administrative leave when they request a hearing on a termination recommendation, noting the approach limits the district's exposure to continuing payroll and legal costs while a hearing is scheduled. Others said they had read investigative material and were not comfortable with the facts as presented and urged caution before imposing unpaid leave on a long-serving staff member.

After debate, the board called the question and voted; the motion to place the employee on unpaid administrative leave failed (motion did not pass). The board discussion that preceded the vote included repeated reminders from district counsel that, once a DOAH hearing record is created, the board must accept findings of fact supported by competent, substantial evidence unless the board makes explicit contrary factual findings.

Board members repeatedly referenced the procedural limits on their discussion during a pending administrative process. Legal staff advised that once a DOAH hearing is requested the DOAH process normally schedules a hearing within a timeframe that can vary but often occurs within about 60 to 120 days, depending on logistics, and that the board should avoid ex parte contacts that could compromise its ability to review an ALJ's recommended order.

Following the vote the board moved on to other agenda items. The DOAH hearing process, if pursued by the employee, will compile an administrative record and an ALJ will issue a recommended order; any recommended order would then return to the school board for final action.