New Board attorney's contract not approved — Board will send letters to Tallahassee about Melendez, Castillo
A discussion about the contract of the Osceola County School Board's new in-house attorney turned into heated discussion about other Board members and their actions, in some cases toward each other.
Among the results of the fireworks: Board attorney Sarah Koren's contract approval was tabled to the Oct. 24 School Board meeting, meaning current counsel, the outgoing Frank Kruppenbacher will take in one more meeting, and the Board will be sending off a letter to Gov. Ron DeSantis office regarding the actions of two Board members.
Koren's proposed contract includes a $200,000 base salary, paid leave, the ability to hire in-house attorneys and a staff, and the ability for the Board to remove her with a 4-1 vote if there is no prior cause to do so.
"This is a competitive contract in the market," said Kruppenbacher, who negotiated the deal. "Few lawyers have her (school system-based) experience."
Board member Jon Arguello complained about how the contract seemed to be put together in a hurry and noted the pay increase, and his perception that the attorney would hold a greater power over the Board rather than vice versa.
"The general feeling when I read this contract is that it is very open for the School Board attorney, and very closed for the School Board to challenge," he said. "If I were an attorney I'd write the same contract ... the fact that no one else is reading it is ridiculous. If Ms. Koren was the best attorney on the planet, I still wouldn't vote for (this contract)."
Addressing the audience, he then said: "This is an act by the people who control these School Board members. They are taking the power away from the citizens and taking control of the School Board. That is wrong, and there is no responsible way to sign this contract."
Kruppenbacher, who noted the disagreements could have been worked out prior to Tuesday's meeting, said he'd tighten up some of the professional stipulations in the contract when it comes back at the next meeting. But Arguello continued his rant, saying the other four Board members were prepared to sign off on a contract "they didn't read" and called them "unprepared", which Board Chair Terry Castillo took umbrage with.
"To repeatedly call this board, in public, unprepared ... enough already," she sternly said.
Regarding actions taken by the Ninth District State Attorney's office, which has charged Board member Julius Melendez with misdemeanor counts of battery and serving alcohol to a minor, after an 18-year-old made allegations in July that he served her mimosas at a restaurant he helped manage and she worked at, as well as in his home, Kruppenbacher said he has alerted the state Department of Education of the charges. Anything else is up to the Governor's office's general counsel.
"We have no authority to suspend a member or withhold pay, that's the purview of the Governor," he said, when asked by Board member Heather Kahoun what should be done. Kruppenbacher did advise Melendez to have an escort when attending any school functions until the courts rule on his case; he has a Nov. 6 arraignment hearing scheduled.
That discussion got Arguello upset. He was censured twice by the School Board in 2022, with reports sent to the governor about his alleged harassment of a School Board lobbyist and a volunteer.
"I love the hypocrisy here. You should all resign. You do a disservice to the community," he directed toward the rest of the board. "You're a joke ... the definition of malfeasance."
When Castillo, who has had emotional run-ins with Arguello at past meetings, noted that she is passionate about her service, Arguello replied, "You're not passionate, you're out of control."
Castillo asked Kruppenbacher about School Board policy regarding members verbally abusing each other, and he noted she could use the "power of the gavel" to maintain order.
Melendez then came to his own defense, noting the reports to the Governor regarding Arguello came after investigations into his allegations. "To me, it is not appropriate to put a resolution to what you'll send to the Governor without having my due process," he said. "In this case, it is not School Board related, and for you to judge me ahead of time is not appropriate. I don't think it's fair for you to make a resolution on something you don't know the facts about and don't have authority over ... I've worked to maintain my innocence and I have a right to due process. I request that, pending the outcome of my legal case, then make a decision what you send to the Governor."
In the end, after Kruppenbacher noted Melendez's alleged actions are more severe than what was reported to Tallahassee about Arguello, he agreed to send letters to Tallahassee regarding Melendez's charges and Arguello's allegation that Castillo harassed him during the last election cycle.