School board divided on how to respond to bidding investigation findings

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Posted June 26, 2024 | By Jennifer Hunt Murty
jennifer@ocalagazette.com

After two independent law firms issued reports substantiating malfeasance by School Board Member Sarah James and local construction firm Ausley Construction related to a bid to build a new high school, the school board remains divided on whether to refer the matter to the governor.

During the board’s June 25 meeting, Chair Nancy Thrower and Board Member Allison Campbell both indicated they felt obliged to encourage the board to refer the matter to Gov. Ron DeSanatis’ office as a possible ethical violation.

School Board members Lori Conrad and Eric Cummings both declined to support forwarding the investigative reports for further action but neither stated any reasons why despite urgings from Thrower, who encountered resistance when she encouraged public conversation to address the findings.

James remained silent during the exchange, but her Facebook posts made during the meeting show her attention was elsewhere. A post that would have been made around 8 p.m., when this matter was being considered, contains praise for her child care company, Kid City USA, for receiving accreditation.

Cummings told the “Gazette” on Wednesday that his hesitancy to move the matter to the governor’s office was based on his experience of Don Browning being appointed. Cummings said he would rather work with a school board member he knows than a “wildcard” appointed by DeSantis.

Cummings also said that as a pastor, he feels compelled to lean toward forgiveness.

Conrad answered the “Gazette” with, “I’m tired of entertaining that conversation.”

Referring to the conversation during which James threatened Superintendent Diane Gullett over how the high school bid was handled, Conrad said she felt the heated exchange was a private matter between James and Gullett and that it did not rise to the level of filing an ethics complaint.

Conrad told the “Gazette” that she would share more of her thoughts about the situation during the July 11 school board workshop to decide on what option to pursue for the new high school project.

James

James has not responded to phone calls or emails from the “Gazette” to discuss the situation.

Records show James, who was elected to the school board in August 2022, has had a checkered employment history in local school districts.

Employment records for James obtained by the “Gazette” from Levy County and Marion County schools reflect many short-term placements, lasting no more than a year or two while working as a teacher or school assistant principal.

During her employment as an assistant principal at Chiefland Elementary School, records show her contract was not renewed due to unsatisfactory performance. She was told to immediately turn in her school key, phone and laptop with the help of staff to load personal items into her vehicle.

When James was working at Belleview High School in January 2021, she resigned with a one-day notice that gave no reason other than it was in her “best interest” to do so.

Records with the State of Florida indicate around that time, James filed articles of incorporation for James Early Education Enterprises, Inc., which operates a daycare facility. She has operated the facility for approximately three years as KIDS City USA

James also recently ran into problems with her Pennies for Playgrounds project. According to records recently obtained from the Marion County Hospital District, trustees approved $60,000 for a playground at Belleview-Santos Elementary School. They thought they were answering a request from the school district. However, James directed them to send the money to the Public Education Foundation instead, and later disclosed it was a project she was doing as a private citizen.

The hospital district said they will only tender the grant to the school district.

Ausley Construction

There was no discussion by the board about action toward Ausley Construction, which is building an elementary school for the district.

The district’s “Cone of Silence” policy states: “Any person, whether employed by the District or not, who knowingly violates a provision of this policy shall be prohibited from serving on a District competitive selection committee.

“Violation of this policy by a particular bidder, proposer, respondent, and/or representative may, at the discretion of the district, result in the rejection of said bidder, proposer, respondent, and/or representative’s bid, proposal, or offer and may render any contract award to said bidder, proposer, or respondent voidable.

“In addition to any other penalty provided by law, violation of this policy by a district employee shall subject said employee to disciplinary action up to and including dismissal from service.’’

Ken Ausley, a principal of the company, chairs on the Marion County Public Schools Independent Citizens Referendum Oversight Committee, after being nominated to the position by James.

Another Ausley Construction principal, Todd Duffy, serves on the Public Education Foundation.

As previously reported, an investigation by the GrayRobinson law firm substantiated allegations of tampering with the procurement process against James and members of Ausley Construction for misconduct involving threats James and Ausley Construction made toward district employees, another school board member and Gullett.

Attorneys Brian Williams and Jaime Torrens, who did an external review of the district’s overall construction procurement policies and investigation findings, wrote in their report that MCPS needs to implement a procedure to bar vendors who violate federal, state or school board policy from entering into future contracts with the district.

Ausley Construction officials have denied wrongdoing and have maintained that the school district’s procurement policies are flawed.

Williams and Torrens found the district’s procurement policies comply with Florida statutes; however, they also found MCPS deviated from its policy when it allowed James to serve on a selection committee for the high school project, to review bids, to score submittals and to conduct interviews.