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Complaint:

On 01/17/19, Board Member Melisa Giovannelli sent an email to the Director of Professional Standards

and Equity (PSE). She reported: “(Mr. Brown) The attached information has been brought to my

attention and they are requesting to be confidential and wants (sic) to be under the whistleblower

protection. Please advise how I can send this to law enforcement or if you want to do that.” The

attachment Ms. Giovannelli referenced was an audio recording titled “New Recording 76.” 02/01/19,

Ms. Giovannelli informed the Director of PSE (through the Board Attorney) that the recording contained

community member Jacqueline Perez and a Maintenance Department employee. On the recording, Ms.

Perez referred to the employee as “Wilson Aponte”. In a 02/25/19 email, Jacqueline Perez wrote,

“Wilson is the same and only Wilson that came to the board room and had me speak for him…His name

is Wilson Moreno Alonzo.” During a recorded interview, 03/11/19, Wilson Alonzo-Moreno confirmed

that Ms. Perez recorded a previous conversation he had with her, during which Mr. Alonzo-Moreno

made several allegations, including employment discrimination within the Maintenance Department.

Both the “New Recording 76” (01/17/19) and the PSE recorded interview (03/11/19) with Mr. Alonzo-

Moreno are addressed in greater detail below and in the record.

At the 02/12/19 SDLC Board Action meeting, Ms. Jacqueline Perez spoke during public comment and

submitted a written document on behalf of “Mr. Moreno”, a Maintenance Department employee who,

by way of Ms. Perez, alleged discrimination and significant employee misconduct within Maintenance

Services . Both the video segment of the presentation made by Ms. Perez and the written complaint Ms.

Perez submitted to the Board are documented below and included in the record.

On 02/18/19, Ms. Perez shared a lengthy email with PSE that included information regarding “Wilson

Moreno and (A second Maintenance employee).” Ms. Perez identified multiple past and current SDLC

employees who had or may have important witness testimony related to the initial allegations brought

forward as highlighted above.

Note: It is significant to note that although Board Member Ms. Giovannelli and Ms. Perez directly

submitted audio recordings or other documentation to PSE alleging significant discrimination and/or

other employee misconduct, both became non-responsive to reasonable information requests required

to authenticate investigative information in this matter. This contributed to significant delays in the

investigative process.

Witnesses:

Wilson Alonzo-Moreno, Sites Worker, Maintenance Services

Melisa Giovannelli, SDLC Board Member, District 2

Jacqueline Perez, Community Member

Victoria Ramina, (Former) Coordinator, Maintenance Services

Linda Campbell, (Retired) Clerk/Specialist, Maintenance Services

Barbara Cedeno, Assistant Director, Maintenance Services

Dorian Mallary, Stock Control Specialist, District Warehouse

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Rodney Gilmore, Sites Worker, Maintenance Services

Cornelieus Hawkins, Assistant Supervisor, Maintenance Services

Erica Vella, Building Supervisor, Success Academy

Marc Mora (Former) Executive Director, Operations, Planning, and Project Management

James Buchanon, Senior Administrator, Transportation Services

Patrick Hayhurst, (Former) Coordinator, Safety and Security

William Law, (Former) Director, Fleet and Safety

Sean Brady, Supervisor, Sites/Trades

Jeffrey Abrams, Supervisor, Athletic Turf/Grounds

Randy James, Carpentry Supervisor, Maintenance Services

Casey McIntosh, Office Manager, Maintenance Services

Jimmy Flock, Director, Maintenance Services

Shannon Smith, Director, Staffing and Talent Management

Record:

Complaint Information, Email, Audio Recording, Flash Drive in Record (Pages 1-4)

Recorded interview, Wilson Alonzo-Moreno, Maintenance Services Conference Room, 03/11/19

Wilson Alonzo-Moreno Workforce History, Diploma, Human Resources Documentation, Resume

(Pages 5-15)

Communication, Maintenance Services and Human Resources Regarding Wilson Alonzo-Moreno

(Pages 16-29)

Hiring Rubric, (Pages 30-35)

Email Communication Wilson Alonzo-Moreno (Pages 36-38)

Maintenance Department Employees Pay Rates by Ethnicity (Pages 39-43)

Sites Worker Employees Pay Rates by Ethnicity (Pages 44-45)

Statement, Emails, Victoria Ramina (Former) Coordinator, Maintenance Services (Pages 46-48)

Statement, Linda Campbell, (Retired) Clerk/Specialist, Maintenance Services

Statement, Barbara Cedeno, Assistant Director, Maintenance Services (Pages 49-50)

Various Dates, Email Communication/Memoranda, Melisa Giovannelli, Board Member (Pages 51-74)

Various Dates, Email Communication, Complaint Information, Jacqueline Perez (Pages 75-109)

Statement, Dorian Mallary, Stock Control Specialist, District Warehouse (Pages 110)

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Statement, Rodney Gilmore, Sites Worker, Maintenance Services (Pages 111-112)

Statement, Cornelieus Hawkins, Assistant Supervisor, Maintenance Services (Pages 113-114)

Statement, Erica Vella, Building Supervisor, Success Academy (Page 115)

Statement, Marc Mora (Former) Executive Director, Operations, Planning, and Project Management (Pages 116-118)

Statement, James Buchanon, Senior Administrator, Transportation Services (Pages 119-123)

Patrick Hayhurst, (Former) Coordinator, Safety and Security (Page 124)

William Law, (Former) Director, Fleet and Safety (Pages 125-128)

Statement, Sean Brady, Supervisor, Sites/Trades (Pages 129-131)

Statement, Jeffrey Abrams, Supervisor, Athletic Turf/Grounds (Pages 132-142)

Statement, Randy James, Carpentry Supervisor, Maintenance Services (Pages 143-145)

Statement, Casey McIntosh, Office Manager, Maintenance Services (Pages 146-148)

Statement, Jimmy Flock, Director, Maintenance Services (Pages 149-150)

Statement, Richard Batewell, Zone Service Manager, Maintenance Service (Page 151)

SPALC Contract Article 5.06, Employment Opportunities (Page 152)

Board Policy 5.02, General Requirements for Appointment or Employment (Pages 153-155)

Board Policy 5.33, Complaint Procedures for Harassment and Discrimination by Employees (Pages 156-

160)

Evaluations, Wilson Alonzo-Moreno: 2017-2018, 2016-2017, 2015-2016, 2014-2015, and 2013-2014

(Pages 161-208)

Hillen Credibility Factors (Page 209)

Board Meeting Video, Ms. Perez, Flash Drive in Record

Investigative Activities:

01/16/19, Complaint Information/Email, “New Recording 76”, Submitted by Board Member Melisa

Giovannelli, Flash Drive in Record (Page):

Note: In a memo from Board Attorney Rob Dodig, Ms. Giovannelli identified Jacqueline Perez as the

individual who participated on this recording with a District employee later identified as Mr. Alonzo-

Moreno. During a recorded meeting with PSE staff on 03/11/19, Mr. Alonzo-Moreno also confirmed he

participated in the recorded interview with Ms. Perez.

Note: Below are potentially significant points from the recording. This is not a full transcript of the

recording which is approximately 44 minutes in length. The entire recording is available in the record.

• At approximately 1:18 of the recording, Ms. Perez asked Mr. Moreno if he remembered telling

her “…about Randy James and what he does?”; Mr. Moreno responded, “He does what?”

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• Ms. Perez stated, “What do you remember telling me about Randy James and him and the truck

and the gas and everything?”

• Mr. Moreno responded, “…the school work truck that has the extra tank on the back, he drives

it every time home…”

• Ms. Perez responded at approximately 2:16, “Randy James uses the truck with the tanks on the

back and takes it home every day and uses the gas” (Mr. Moreno did not say this on the

recording)

• Mr. Moreno clarified, “I never see…I see the people drive the truck home…I never see them put

the fuel in the back of the truck Randy James”

• Approximately 4:25, Ms. Perez asked if Mr. Moreno recalled doing work at “…a private church

called Mount Herman”

• Mr. Moreno said he recalled employees taking equipment every day for an extended period to

do work

• Ms. Perez responded, “At Mount Hermon?”

• Mr. Moreno replied, “I think so”

• Approximately 11:38, Mr. Moreno stated, “I listen to some guy (who) retired…he said all the

family…he said, Mafia Red Neck’”

• Ms. Perez said, “That’s the other thing I was going to ask you…do you know if they have any

organization, when they’re in a group do they call themselves by a name and you just said that

name without me asking…what’s that name they call their group?”

• Mr. Moreno said, “I told you the last guy who retired…he said these people not give me

promotion…because these people Mafia Red Neck…I listen so many people talking like that”

• Ms. Perez asked, “Are you afraid of them?”

• Mr. Moreno relied, “Yeah I listen other people say this is Mafia Red Neck…I not have a

promotion for nothing”

• Approximately 13:42, Ms. Perez stated, “So you are definitely afraid they might do something to

you if you came out publicly…”

• 14:09, Mr. Alonzo-Moreno replied, “I don’t understand too much what you’re talking

about…Everything is wrong inside the shop”

• Approximately 14:20, Ms. Perez reminded Mr. Moreno about a truck coming to the

Maintenance shop “…and they were taking supplies”

• 17:03, Ms. Perez asked Mr. Moreno, “Did you know if these people have any kind of friendship

or relationship with Jimmy Flock?”

• Mr. Moreno replied, “No…now (people talk) on the phone”

• Ms. Perez replied, “They’re being careful now”

• 18:18, Ms. Perez stated, “You told me about two men in the Department who were told to go to

an employee’s house by the name of Victoria Ramina and they made private repairs during work

hours and took materials from the school District to make repairs”

• 18:37, Mr. Moreno stated, “I not be sure these people go…I listen…these people say they go and

make remodelations (sic) in the restroom…I not be sure what they’re doing this is what I talk to

these people in the shop…they say ‘I know why you move up so fast because you do the work

for Victoria Ramina…”

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• 20:45, Ms. Perez mentioned Jeff Abrams: “We talked about the removal of equipment, he has a

private landscaping company…”

• Mr. Alonzo-Moreno said, “…Every day after work taking the truck with trailer with tractor in the

back”

• 21:30, Ms. Perez said, “Ok, so he would take his private truck and would attach the trailer and

our equipment from the school District…and leave with it?”

• Mr. Alonzo-Moreno stated, “Not the private….”

Note: The entire audio recording is available in the record.

03/11/19, Recorded interview With PSE Staff, Wilson Alonzo-Moreno, Maintenance Services

Conference Room, Flash Drive in Record (About 42 minutes):

Note: On the above date, Fernando Vazquez, Coordinator, PSE and Andy Brown, Director, PSE visited

the Maintenance Services offices to offer Mr. Alonzo-Moreno an opportunity to expand on the

information Ms. Perez submitted to the Board on 02/26/19. Mr. Alonzo-Moreno agreed to meet with

PSE staff as long as the meeting was audio-recorded. Mr. Alonzo-Moreno shared information about why

he believes he has been discriminated against within the Maintenance Department. These concerns

primarily center on the High School Diploma requirements of his position and why he has not been able

to advance to positions within the department that have greater responsibility and pay.

• Mr. Alonzo reported that Ms. Perez wrote the statement she submitted to the Board, “…in her

office…but I tell her (what to write)”

• Mr. Alonzo reported that he had difficulty with his high school diploma around the time he was

originally hired, when “Don Easterly” was Director of Maintenance

• He reported that Mr. Easterly told him he was going to lose his job because he did not have a

high school diploma

• He reportedly met with Georgiana McDaniel (Former Director of Personnel Services for the

District) who sent him back to work

• He alleged that Victoria Ramina told him he could not be promoted because “…you don’t speak

English”

Note: Please see Ms. Ramina’s statement below and in the record.

• He also alleged that he believes he is discriminated against because he is regularly assigned

fence-installation duties that he believes are harder than other assignments

• He alleged that Sean Brady told him he could not be considered for other positions in

Maintenance because of issues with his high school diploma

• Approximately 24:40 of the recording, PSE staff read a portion of the statement Ms. Perez

submitted re: “I have witnessed Randy James take home the flatbed with two gas tanks on it on

a daily (basis) for extended periods of time…”

• Mr. Alonzo-Moreno admitted he has seen the truck leave but that he does not know where it

goes

• He admitted Randy James could be taking the truck to another job: “I not follow nobody…I not

see anybody put the fuel in the truck, I don’t know nothing”

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• PSE staff read another portion of the statement Ms. Perez submitted: “I have witnessed Jeff

Abrams come to work and hook up the district’s equipment to his personal truck and leave”

• Mr. Alonzo-Moreno stated, “The personal truck? I don’t remember, the truck? I don’t remember

like that”

• PSE staff then reminded Mr. Alonzo-Moreno that clarification was necessary because “She” put

his name on the allegations; Mr. Alonzo-Moreno asked, “Who put my name there?”

• Mr. Alonzo then stated, “I think maybe it’s true” when PSE staff clarified the need to identify

what he specifically witnessed as compared to what Ms. Perez submitted in writing on his behalf

• He admitted that he did not know where the District equipment went when it left the

Maintenance compound

• PSE staff again asked for clarification: ‘Have you seen him (Abrams) hook up his personal truck

up to District equipment and take it home?”

• Mr. Alonzo-Moreno stated, “I not be sure…I not be sure or remember”

• When more detail was requested from Mr. Alonzo-Moreno, he stated, “Everything in the letter

(from Ms. Perez) is true”

• PSE staff informed Mr. Alonzo-Moreno that it is important to hear directly from him what he has

personally witnessed

• Mr. Alonzo-Moreno became upset, repeated that nothing had changed in twelve years and said

he was not willing to answer any more questions unless he had “…representation”

Note: PSE attempted to visit Mr. Alonzo-Moreno on 03/28/19 for a second interview, primarily focused

on his diploma certification documentation. PSE hoped to obtain a copy of the documentation from Mr.

Alonzo-Moreno so that it could be incorporated into his District Personnel file. Mr. Alonzo-Moreno

informed his supervisor, “…if it is about the investigation I want them to contact my attorney…Matt

Farmer.”

Wilson Alonzo-Moreno Workforce History, Diploma, Human Resources Documentation, Resume

(Pages 5-15):

• Mr. Alonzo-Moreno was “re-hired” by the District 08/16/07 in the Maintenance Department

• He was hired as a Sites Worker, the same position he currently holds in the Maintenance

Department

• One day before that rehire date, Georgiana McDaniel, (Former) Director of Personnel Services

wrote a “Note to File” that was placed in Mr. Alonzo-Moreno’s personnel file; that note read:

“…Received transcripts from Honduras…High school diploma requirement waived. Cannot move to

position other than custodial or sites worker without (diploma) evaluation”

• Mr. Alonzo-Moreno’s resume is included in the record

• April-May, 2007, (Former) Principal, Sandra Strausser inquired with Human Resources about

possibly releasing Mr. Alonzo-Moreno from his position

• Dr. Adkins, by way of Georgiana McDaniel, facilitated Mr. Alonzo-Moreno’s transfer to

Maintenance rather than allowing Mr. Alonzo-Moreno to be released

• Shannon Smith, Director of Staffing and Talent Management shared information about Mr.

Alonzo-Moreno’s documentation and current/past District process with respect to “foreign

transcripts”

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• Ms. Smith indicated that Mr. Alonzo-Moreno did not have the required diploma-verification

documentation in his personnel file as of 03/08/19

Various Dates, Communication, Maintenance Services and Human Resources Regarding Wilson

Alonzo-Moreno (Pages 16-29):

• Annually, from 2011-2017, Maintenance staff documented, “…put it in Wilson Alonzo-Moreno’s

(site-based) personnel file. We need to carry forward this email each year in his personnel file

until he gets his GED and/or his degree from Honduras is verified”

• Each email string included notice from the (former) Human Resources Specialist, Cheryl

Duczyminski that Mr. Alonzo-Moreno’s diploma, “…can’t be recorded as a high school diploma

until he has it evaluated not (sic) a translation but an evaluation”

• In 2011, Ms. Duczyminski sent the same notice directly to Mr. Alonzo-Moreno

• 09/16/09, Victoria Ramina sent an email to Richard Batewell (current Zone Supervisor,

Maintenance Services) and Steve Crosby, former Maintenance Services employee

• In that email, Ms. Ramina stated, “…He (Mr. Alonzo-Moreno) has the equivalent of a HS degree

and is eligible to apply for positions that require a HS diploma…”

• Based on the entire email string which is included in the record, the subsequent documentation

from Human resources (identified above and in the record), Ms. Ramina appears to have

misinterpreted or misunderstood the requirements with respect to a diploma from another

country

Note: See Ms. Palmer’s email to Ms. Ramina, Ms. Cedeno’s email to Ms. Ramina, and Ms. Cedeno’s

statement, below and in the record.

• Mr. Alonzo-Moreno shared a copy of (a portion of) this email with PSE staff during his recorded

interview, 03/11/19

12/14/15, Hiring Rubric, (Pages 30-35):

• Documented that Mr. Alonzo-Moreno could not be considered for a Utility Worker position for

which he apparently applied on or before 12/14/15 because he, “Does not have HS Diploma”

(Page 34)

• Page 35 is a Personnel Action Form that documented Mr. Alonzo-Moreno served as “Acting

Utility Worker” in the past

Various Dates, Email Communication Wilson Alonzo-Moreno (Pages 36-38):

• 02/15/19, Mr. Alonzo-Moreno received notice from PSE that Maintenance Administrative staff

were directed to allow his duties to continue as they normally do and that he would not be

subjected to any adverse employment action as a result of the allegations he made or that were

submitted on his behalf

• PSE staff also expressed a desire to meet with Mr. Alonzo-Moreno at that time

• 02/27/19, PSE staff reached out to Mr. Moreno by email and phone to follow up on allegations

that he may have experienced harassment within the Maintenance Department after he made

allegations of discrimination or other employee misconduct

• Mr. Alonzo-Moreno denied this

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• 03/08/19, Mr. Alonzo Moreno was informed that although he was not accused of any

misconduct, he could have Union representation during a meeting with PSE to discuss his

allegations

• At that time, Mr. Alonzo-Moreno reported that he needed to consult his attorney and the

NAACP

02/27/19, Maintenance Department Employees Pay Rates by Ethnicity (Pages 39-43):

Note: With respect to the allegations of discrimination generally, and to evaluate the information Mr.

Buchanon shared in his statement (below) regarding pay disparity between minorities and non-

minorities in Maintenance, these documents list all Maintenance Department employees by race and

rates of pay.

• The rates of pay across and within employee groups are consistent and devoid of any apparent

bias

02/27/19, Sites Worker Employees (Including Wilson Alonzo-Moreno) Pay Rates by Ethnicity (Pages

44-45):

Note: This report identifies Mr. Alonzo-Moreno’s pay rate as a Sites Worker. It also includes the pay rate

and race of every Sites Worker in the Maintenance Department for comparison. Highlighted in green are

the three most-similarly situated employees in the same group, according to seniority dates.

• The rates of pay within the Sites Worker employee group are consistent and clearly devoid of

any apparent bias toward Mr. Alonzo-Moreno

• Mr. Alonzo-Moreno was the third highest paid Sites Worker at the time this report was

generated

• Mr. Alonzo-Moreno’s pay rate exceeded that of a Caucasian Sites Worker with greater seniority

• Mr. Alonzo-Moreno’s entire salary history is included in the record

03/18/19, 03/26/19, Email, Phone Interviews, Victoria Ramina (Former) Coordinator, Maintenance

Services (Pages 46-48):

• The Director of PSE read the email Ms. Ramina sent to Richard Batewell 09/16/09 regarding Mr.

Alonzo-Moreno

Note: Wilson Alonzo-Moreno shared this email with PSE staff during his recorded interview 03/11/19.

Mr. Batewell denied any recollection of the email. PSE obtained an additional portion of the email string

associated with the document Mr. Alonzo-Moreno shared during his interview with PSE. See above,

“Human Resources Documentation.”

• Ms. Ramina did not recall specifically sending the email

• PSE staff shared other emails Ms. Ramina sent or was copied on after the above date that

documented Mr. Alonzo was not eligible for other positions requiring a high school diploma

because his diploma from Honduras was not properly translated and certified as required by

Human Resources

Note: A careful review of the original email string from 2009 and the subsequent emails (from Human

Resources) documenting that Mr. Alonzo-Moreno continued to be ineligible for positions other than

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Sites Worker, reveals that Maintenance staff may have misunderstood or misinterpreted Mr. Alonzo-

Moreno’s credentials were accepted for ALL positions when in fact, they were accepted for his original

transfer to Maintenance only, until he obtained a diploma evaluation that confirmed it was

“…equivalent to a high school diploma in this country.” See Human Resources Documentation and

Barbara Cedeno’s statement below and in the record.

• 02/01/11, in response to Victoria Ramina’s memo (Retired) Human Resources Specialist, Cheryl

Duczyminski documented that Mr. Alonzo-Moreno still did not have the appropriate diploma

evaluation “…to move to a position that requires a high school diploma…”

• Ms. Duczyminski documented the same every year after 2011 until July 24, 2013

• July 2015, July 2016, and August 2017, Victoria Ramina and Linda Campbell referred to Ms.

Duczyminski’s previous email and placed the email “…in Wilson Alonzo-Moreno’s (site-based)

personnel file”

• The documentation from 2015, 2016, and 2017 stated, “We need to carry forward this email

each year in his personnel file until he gets his GED and/or his degree from Honduras is verified”

• During a phone conversation 03/26/19, Ms. Ramina reported that Mr. Alonzo-Moreno obtained

verification/certification of his diploma from Honduras; she recalled seeing it

• She was unsure of the date but reportedly believed it was after the last email documenting that

Mr. Alonzo-Moreno did not have the appropriate diploma certification to be considered for

other jobs, August 2017

• Ms. Ramina indicated Linda Campbell, (Retired) Clerk Specialist, Maintenance Services also

believed Mr. Alonzo-Moreno obtained the required diploma certification (See Ms. Campbell’s

statement below)

• Ms. Ramina was unsure why the certification document she reportedly saw was not included in

Mr. Alonzo-Moreno’s Maintenance paperwork or his District personnel file

• She reported, “He (Mr. Alonzo-Moreno) gave it to me, I gave it to Linda Campbell…It’s our

mistake if we lost the document”

• 03/26/19, Ms. Ramina reported, “My house was built in the 70’s and I’ve never had my

bathrooms remodeled”

• She denied that any Maintenance employees ever performed any construction at her home

• 03/28/18, Ms. Ramina sent an email in response to a phone message left by PSE staff

• She shared information about the interview process during her experience in Maintenance both

generally and regarding Mr. Alonzo-Moreno

03/26/19, Phone Interview, Linda Campbell (Retired) Clerk/Specialist, Maintenance Services:

Note: Victoria Ramina identified Ms. Campbell as a potential witness, particularly with respect to Mr.

Alonzo-Moreno’s High School Diploma certification.

• Ms. Campbell reported that, “(Mr. Alonzo Moreno) could not apply for other jobs initially” due

to his diploma being from Honduras: “He needed to get it translated”

Note: See the email Mr. Moreno provided PSE staff during his recorded interview. See also the entire

email string that is in Mr. Alonzo-Moreno’s personnel file. It seemed that at least initially, Maintenance

Services staff believed Mr. Alonzo-Moreno only needed to have the diploma translated (and not

certified pursuant to HR practice).

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• Ms. Campbell reported, “He did have that done”

• She reported, “I put it in his personnel file (in Maintenance)”

• She indicated this occurred “about 3 years ago

Note: That timeline is consistent with the last email in Mr. Alonzo-Moreno’s Maintenance personnel file

that indicated he did not have the required diploma.

• Ms. Campbell was unsure who would have been responsible for sending the document to

Human Resources but reported that she did not do so

Note: As of the time of this report, there was no documentation in Mr. Alonzo-Moreno’s Human

Resources personnel file indicating his Honduras diploma was appropriately translated and certified as

an equivalent high school diploma.

04/02/19, Statement, Barbara Cedeno, Assistant Director, Maintenance Services (Pages 49-50):

• Ms. Cedeno confirmed that she translated Mr. Alonzo-Moreno’s Honduras high school diploma

at the request of Debbie Palmer, former Secretary to the Director, Maintenance Services

• She documented, as indicated on the email (Pages 27-28) that she believed “…the document

was accepted as a high school equivalent”

• However, she then referenced a fax cover sheet she discovered from 2013

• The fax was sent to Josef Silny & Associates, Inc. “Attention: Translation Department”

Note: Please see the FDOE website at this link: http://www.fldoe.org/teaching/certification/foreign-

trained-grads/approved-credential-evaluation-agencie.stml . Josef Silny and Associates is listed as an

“Approved Credential Evaluation Agency.”

• She reported, “If I remember correctly, Silny & Associates, Inc. was the company that the District referred employees to for official translations of documents”

• She stated, “I am thinking that at some point the employee indicated that the document was sent over for translation to possibly Josef Silny & Associates, Inc. and for some reason I am thinking that I reached out to the firm to claim his diploma; however, the diploma was disposed of because it was never claimed by Mr. Wilson. Per their office, multiple communication was attempted to have Mr. Wilson claim his diploma. For some reason I am thinking that the translation never took place, because the payment did not go through and/or there was some type of problem with payment he had submitted”

• She also stated, “I also remember a conversation with Mr. Wilson asking if he could request a

duplicate from the institution (Instituto Morazan) and he had indicated that the institution had

burned down and it could not be requested”

Various Dates, Email Communication/Memoranda, Melisa Giovannelli, Board Member (Pages 51-74):

• 01/17/19, Ms. Giovannelli emailed the Director of PSE with the Subject: “Fwd: New Recording

76”

• The email, originally sent to Ms. Giovanelli’s District email account from an apparent personal

email account included an attachment, “New Recording 76”

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• Ms. Giovannelli indicated that “…the attached information has been brought to my attention

and they are requesting to be confidential and wants (sic) to be under the whistleblower

protection”

Note: Due to potential legal implications and concerns, PSE could not listen to the attached audio

recording until receiving appropriate legal guidance. It was determined later that the recording

contained Jacqueline Perez’s interview with District employee Wilson Alonzo-Moreno.

• Later the same day, the Director of PSE responded to Ms. Giovannelli and informed her that the

emails and recording(s) were received

• Ms. Giovannelli responded on 01/18/19 and stated, “There are more employees that are willing

to come forward for the protection. I will advise them to contact Mr. Williams (Staff Attorney)

directly”

• 01/18/19, the Director of PSE requested a meeting with Ms. Giovannelli to follow up on her

emails and recordings

• 01/24/19, after not receiving a response to the above request, both Brian Williams, Staff

Attorney and the Director of PSE requested a meeting to “…possibly substantiate and

authenticate the information and any associated allegations”

• 01/30/19, the Director of PSE emailed the Board Attorney, Rob Dodig seeking information

related to the above requests

• 02/01/19, Mr. Dodig sent a memo to the Director of PSE that indicated, “According to Ms.

Giovannelli, the two individuals on the recordings are Maintenance Department

employees…One recording includes the voice of Ms. Giovannelli and a Spanish-speaking

employee…According to Ms. Giovannelli, the other recording includes the voice of Jacqueline

Perez and an employee”

• 02/04/19, the Staff Attorney gave guidance that PSE staff could listen to the recordings

• 02/11/19, PSE staff sent a memo to Ms. Giovannelli again requesting authentication and/or

other information related to the recording she made

• One day later, Ms. Giovannelli sent an email to the Director of PSE “…inquiring as to your

procedures and policies when conducting an investigation…please send me a copy of your policy

and procedures”; Ms. Giovannelli did not provide the authentication and other information

requested

• 02/15/19, PSE staff requested the Staff Attorney to speak to the Board Attorney and Ms.

Giovannelli to get the information needed to move forward in the investigative process, “…as

we would with any initial complainant in a case…”

• 02/19/19, PSE staff requested that Ms. Giovannelli refresh the link through which she shared

one of the recordings originally

• 02/21/19, after not receiving a response, the Director of PSE sent another email request to Ms.

Giovannelli

• 03/01/19, After not receiving a response, the Director of PSE sent another request to Ms.

Giovannelli

• 03/06/19, Ms. Giovannelli responded and answered three bulleted questions

• Although she indicated she could identify a second female who was present during the

recording, she has not done so as of the date of this report despite a specific request for this

information

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Note: A reporting-party in a separate District investigation admitted during an audio-recorded interview

that Ms. Perez was present when Ms. Giovannelli audio-recorded his complaint.

Various Dates, Email Communication, Jacqueline Perez (Pages 75-109):

• 02/13/19, PSE staff requested additional information from Ms. Perez regarding the recording

she reportedly shared with Ms. Giovannelli

• 02/15/19, PSE staff sent the same request again; Ms. Perez responded but did not answer any of

the inquiries

• 02/18/19, Ms. Perez sent a 7-page email with significant allegations involving current and past

District employees

Note: Each of the witnesses identified by Ms. Perez were contacted, interviewed, and/or provided

statements/information. Two witnesses identified by Ms. Perez have not responded to requests for

information as of the time of this report. See witness statements throughout this report.

• 02/18/19, PSE staff re-sent Ms. Perez the request for authenticating and clarifying information

around the recording she reportedly made with a District Maintenance employee

Note: Both Melisa Giovannelli and the employee Ms. Perez recorded identified Ms. Perez as the person

who made the recording.

• 02/20/19, PSE staff sent the prior request(s) for information to Ms. Perez with an additional

clarifying question related to a witness she identified in her 02/18/19 email

• 02/22/19, PSE staff re-sent the request identified immediately above

• 02/24/19, PSE staff sent a separate request for another copy of the actual recording she

reportedly shared with Ms. Giovannelli

• 02/24/19, Ms. Perez sent a 3-page email response that did not address any of the previous

inquiries

• 02/25/19, PSE staff re-sent the original inquiries identified above to Ms. Perez

• 02/25/19, Ms. Perez responded: “I didn’t give you any recording…I have not heard what you

have……as far as I know it might be a soundtrack to a Donna Summer concert ‘on the Radio’”

• Ms. Perez finally confirmed, “Wilson is the same and only Wilson that came to the board room

and had me speak for him and allowed his complaint to be entered in the meeting”

Note: This was in response to an inquiry as to the identity of the person on the recording she reportedly

made with a District employee.

• 02/26/19, PSE staff sent another request to Ms. Perez around the recording PSE received at the

outset of the investigation

• Ms. Perez made other allegations and reported that “We are going to proceed with an EEOC

complaint and both employees will retain legal council (sic) to protect themselves”

• 03/06/19, PSE staff emailed MS. Perez, again asking that she respond to the original inquires

documented above

• 03/08/19, PSE staff sent another request to Ms. Perez for the same information

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• 03/12/19, Ms. Perez responded (in the body of the 03/06/19 email) and indicated one of the

reasons she “…stopped communicating with you” was because the Director of PSE “(refused) to

address any of my questions or concerns”

• Ms. Perez documented that she shared “…this email with my attorney” and indicated she “…will

be available for a meeting on Friday…”

• The director of PSE informed Ms. Perez a group consisting of the Director of PSE, the

Coordinator in PSE, and the Staff Attorney would meet with Ms. Perez “…any time after 9:30am

(Friday)”

• Ms. Perez responded, “I will be at my office and Mr. Williams (Staff Attorney) cannot attend”

• Ms. Perez was informed she could provide any additional information by email, “…including but

not limited to, responses to (the) previous inquiries”

Witness (Identified by Jacqueline Perez) Statements:

Note: Each of the eight witnesses identified below was identified by Jacqueline Perez as having

information related to the primary allegations in this case.

02/25/19, Statement, Dorian Mallary, Stock Control Specialist, District Warehouse (Page 110):

• Mr. Mallary was provided a copy of the information Ms. Perez submitted to the Director of PSE

• Ms. Perez listed six numbered items she attributed to Mr. Mallary

• On the above date, Mr. Mallary replied, “I don’t know nothing about this don’t know how my

name was even put in this.”

02/28/19, Statement, Rodney Gilmore, Sites Worker, Maintenance Services (Pages 111-112):

• Mr. Gilmore was provided a copy of the information Ms. Perez submitted to the Director of PSE

• Ms. Perez listed fifteen numbered items she attributed to Mr. Gilmore

• Mr. Gilmore reported:

“The only thing I said was involving Victoria Ramina and a job position as a welder. I felt I was

overlooked for someone who did not have the same experience I had. The rest of the accusations being

made by Ms. Perez I was not involved in and did not say any of those things. Most definitely, I did not

given (sic) anyone permission to use my name in any situations that have occurred. I would like to be

notified immediately if my name comes up again to pursue actions against whoever is falsely stating I

am doing or saying things.”

02/25/19, Statement, Cornelius Hawkins, Assistant Supervisor, Maintenance Services (Pages 113-114):

• Mr. Hawkins was provided a copy of the information Ms. Perez submitted to the Director of PSE

• The Director and Coordinator of PSE met with Mr. Hawkins and reviewed the content Ms. Perez

associated with Mr. Hawkins’ name

• Mr. Hawkins reported that he did not speak directly to Ms. Perez about any of the items Ms.

Perez documented under his name

• A few items of potential significance as related to the 15 items Ms. Perez associated with Mr.

Hawkins:

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➢ Mr. Hawkins shared that several months ago, a co-worker used a racial slur in Mr.

Hawkins’ presence although the slur was not directed at Mr. Hawkins; He indicated a

supervisor intervened, but the resolution may not have been appropriate*

➢ Mr. Hawkins denied any awareness of Randy James taking a fuel truck home at any time

or that he “…began to put the fuel truck bt (sic) the buses to hide it”…Mr. Hawkins

stated, “I don’t know what he (randy James) does.”

➢ Mr. Hawkins reported that when Mr. Abrams, Supervisor has been out in the past a

mechanic has filled in for or performed the Supervisor’s duties

Note: This item should be referred for explanation or further review within Maintenance Services.

➢ Mr. Hawkins spontaneously reported that he has a “…good relationship” with Mr.

Abrams

02/22/19, Statement, Erica Vella, Building Supervisor, Success Academy (Page 115):

• Ms. Vella was provided a copy of the information Ms. Perez submitted to the Director of PSE

• Ms. Perez alleged “On or about 9/26/2018 (Ms. Vella) stated that she heard 'Jimmy Flock was

throwing F bombs that he does not give a f___..., I'm not not f___ing going anywhere… the

person telling about us is in Jeff's crew… and I will find him!' Many employees repeated similar

statements and some stated they were threatened and sworn at by Flock. Jimmy Flock also

stated to employees to "be a man and say what you have to say to my face... I will find out who

you are ......."

• Ms. Vella replied, “I have never met Jacqueline Perez nor do I know who she is and I have never

heard Mr. Flock speak that way.”

03/04/19, Statement, Marc Mora (Former District Executive Director) (Pages 116-118):

• Mr. Mora was provided a copy of the information Ms. Perez submitted to the Director of PSE

including allegations that Mr. Mora “…confirmed…the Superintendent had his pond work done

at his property by the maintenance department.”

• Mr. Mora reported, “I do not recollect ever having a conversation regarding such a matter with

anyone. As I previously mentioned, I have neither information nor evidence to substantiate the

School District’s Maintenance Department operated in an inappropriate manner…”

• Mr. Mora also responded, “Absolutely not” when asked if he spoke to board members to “(As

Ms. Perez documented) express concerns of mismanagement and stated to board members that

the complaints of maintenance (sic) were true but will be difficult to prove.”

• He also stated he had no “…evidence of malfeasance” regarding Maintenance Services and

indicated he believes “Maintenance and Procurement” do a “…good job considering the volume

of their work”

03/18/19, Statement, James Buchanon, Senior Administrator, Transportation Services (Pages 119-

123):

• Mr. Buchanon reported that he was placed in Maintenance for 18 months while Dr. Graham was

Superintendent-Dr. Adkins oversaw Operations (over Maintenance) at the time

• Mr. Buchanon reported that during his time in the Maintenance department, he noticed “…a

lack of hiring processes…they stacked the hiring panels (during interviews)”

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• Mr. Buchanon reported that there was significant disparity in pay rates among minorities as

compared to non-minority Maintenance Department employees

• When asked if he had a copy of the documentation and/or reports he collected and prepared

while working in Maintenance, Mr. Buchanon initially responded, “Not that I’m sharing” but

later indicated he “…gave all the information I collected to then Superintendent Graham and

present Superintendent Adkins.”

Note: 03/13/19, the Superintendent’s office indicated they do not have the records Mr. Buchanon

mentioned. In a follow-up email, Mr. Buchanon indicated he “discarded” the records he previously

shared with Dr. Graham, former Superintendent.

• He reported that he believes minorities are generally discriminated against in the Maintenance

Department and stated, “There is one minority Supervisor in Maintenance, Mike Scott”

• Mr. Buchanon reported that he was “…not aware of any equity complaints file (sic) during my

time in Maintenance because the employees were afraid of being fired”

• When asked which employees he was aware of had concerns about being fired, Mr. Buchanon,

responded, “I don’t recall”

• Mr. Buchanon indicated “Jackie Perez is doing some deep-digging” into Maintenance…and “she

is very thorough”

03/13/19, Patrick Hayhurst, (Former) Coordinator, Safety and Security (Page 124):

Note: The Director spoke to Mr. Hayhurst by phone on the above date and sent an email request for a

statement on the same date. Mr. Hayhurst reported, “The only things I know about in Maintenance

happened when Bill Moore was the Director. I’ll try to recall and send you an email.” As of the time of

this report, Mr. Hayhurst has not responded to the email request.

02/20-03/09/19, William Law (Former) Director of Fleet and Safety, Multiple Contact Attempts (Pages

125-128):

Note: Mr. Law was identified by Ms. Perez as a witness in this matter. Despite multiple attempts to

contact or meet with Mr. Law as noted above and in the record, PSE staff were unable to do so as of the

time of this report.

03/18/19, Statement, Sean Brady, Supervisor, Sites/Trades (Pages 129-131):

• Mr. Brady reported that Mr. Alonzo-Moreno “…is probably the hardest worker in my department”

• He reported that Mr. Alonzo-Moreno’s primary responsibility is fencing: “…there’s just not enough people”

• He reported that Mr. Alonzo-Moreno has applied for other positions in Maintenance “…but we were told by someone downtown that his high school diploma…wouldn’t allow him to be a Utilities Worker”

• Mr. Brady reported, “He (Mr. Alonzo-Moreno) deserves (more money)”

• Mr. Brady denied telling Mr. Alonzo-Moreno he could not get another job because of “…his English”

• Mr. Brady denied any awareness of either discrimination or “…anything unethical” in the Maintenance Department

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• Mr. Brady reportedly has heard the term “Good Old Boys” in Maintenance: “I assume it’s people’s opinion, it’s the long timers. It doesn’t mean anything to me…”

• Mr. Brady denied any awareness of the “Redneck Mafia”

• Mr. Brady denied any awareness of any Maintenance employees using personal vehicles to pull or “…hitch (District) equipment (to)”

03/15/19, Statement, Jeffrey Abrams, Supervisor, Athletic Turf/Grounds (Pages 132-142):

• Mr. Abrams reported that Mr. Alonzo-Moreno is a “…really hard worker and a good guy”

• Mr. Abrams has reportedly been with the District for 5 years and has had a landscaping business for 25 years

• Mr. Abrams indicated that he hires and promotes employees “…based on their work performance”

• Mr. Abrams denied ever using District fuel in his personal vehicle

• He Also denied ever using District equipment with his personal vehicle or in the “Buckingham and Alva area for your private company”

• He denied several other allegations documented by Ms. Perez and provided pictures regarding the “Kubota”

• He responded to many allegations made by Ms. Perez (See attached record)

03/21/19, Randy James, Carpentry Supervisor, Maintenance Services (Pages 143-145):

• Mr. James reported that he has worked for the District for 32 years, the last seven as a Carpentry Supervisor in the Maintenance Department

• He addressed allegations that he used District fuel in his personal truck: “No”

• He reported that a primary reason a truck in Maintenance had fuel tanks added to it was to address refueling needs during the Hurricane Irma cleanup process: “The fuel was to fill up equipment during the Hurricane”

• He reported that he “…do not and did not keep a log of fuel but I will from now on…”

• He clarified that he took a District vehicle home during and after Hurricane Irma in order to work more efficiently

• He also reported that as supervisors, he and other employees are allowed to take District vehicles home when they are on-call

• He reported that scrap metal is sold and used to by tools for the Maintenance Department

• He stated that “Good Old Boys” and “Redneck Mafia” are references to people who “…had been here and got the work done…Race has nothing to do with it…if you do your job, you become one…My cabinet shop workers are Spanish, they are my Good Old Boy Crew. They proved themselves.”

• He reported that “Color doesn’t matter…90% of the people I have gotten rid of…for not doing their job have been white…”

03/28/19, Statement, Casey McIntosh, Office Manager, Maintenance Services (Pages 146-148):

• Ms. McIntosh shared information that Mr. Alonzo-Moreno did not want to meet with PSE staff for a second interview; he referred staff to “…my attorney…Matt Farmer”

03/28/19, Statement, Jimmy Flock, Director, Maintenance Services (Pages 149-150):

• Mr. Flock indicated that at some point between 2010-2016, he personally provided Mr. Alonzo-Moreno over $200.00 in cash so that Mr. Alonzo-Moreno could have his Honduras high school

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diploma translated and verified by an appropriate company pursuant to District and DOE guidelines

Note: See statement, Barbara Cedeno, above and in the record.

03/25/19, Statement, Richard Batewell, Zone Service Manager, Maintenance Service (Page 151):

• Mr. Batewell denied recollection of the email sent by Victoria Ramina regarding Mr. Alonzo-Moreno in 2009

SPALC Contract Article 5.06, Employment Opportunities (Page 152):

Note: During interaction with PSE staff, Mr. Briones consistently identified concern about seniority as

the primary basis for his belief that he has been discriminated against by Jeff Abrams and the

Maintenance Department. According to the language in SPALC contract article 5.06, seniority is only one

factor considered by hiring managers when considering internal candidates for positions within their

respective departments. Sections (2) and (4) of SPALC article 5.06, Employment Opportunities are listed

below.

(2) Filling Vacancies: When job vacancies occur, the applicant whose qualifications, seniority, work

experience and interview responses are superior, shall be offered the position.

(4) First Consideration: Current employees of the District who apply shall be given first consideration

prior to other applicants. (a) Seniority: If the Superintendent determines that two or more current

employee applicants are equally qualified, the employee applicant with the most in-district experience

will be offered the position

Board Policy 5.02, General Requirements for Appointment or Employment (Pages 153-155)

Board Policy 5.33, Complaint Procedures for Harassment and Discrimination by Employees (Pages 156-

160):

• Includes the following definition of “Unlawful discrimination”:

(2) Unlawful discrimination is conduct which deprives a person of the opportunity to participate in

employment, educational programs or activities, Board or school sponsored activities, or in any other

activity offered or provided by the Board, on account of race, color, national or ethnic origin, disability,

age, sexual orientation, religion, marital status and pregnancy or any other characteristic protected by

federal or state law or Board policy.

• Includes the following investigation guidelines:

(14) The investigation shall include but is not limited to:

(a) Interviews with the complainant.

(b) Interviews with the individual(s) against whom the complaint has been filed.

(c) Interviews with others who have knowledge of the alleged incident(s) and circumstances related to

the complaint.

(d) An examination of relevant documents.

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Evaluations, Wilson Alonzo-Moreno: 2017-2018, 2016-2017, 2015-2016, 2014-2015, and 2013-2014

(Pages 161-208)

Hillen Credibility Factors (Page 209)

Conclusions/Recommendations:

Based on the totality of the currently available evidence and data, there does not appear to be a

violation of the District’s policy prohibiting discrimination by employees in this case. A conclusion

indicating the same is recommended by the investigator(s). The requisite foreign high school diploma-

certification that would provide the basis on which Mr. Alonzo-Moreno could be considered for

promotion within the Maintenance Services Department is not included in his District personnel file. At

this time, PSE cannot determine if the absence of this documentation in Mr. Alonzo-Moreno’s personnel

file is due to miscommunication or an employee mistake, including possibly by Mr. Alonzo-Moreno.

However, there appears to be circumstantial evidence indicating that at some point during his

employment with the District, Mr. Alonzo-Moreno initiated the process of obtaining this documentation

pursuant to District practice.

Note: The District’s practice regarding certification of foreign high school diplomas is consistent with the

Florida Department of Education requirements for verification of foreign college transcripts and

credentials.

At this time, there is insufficient evidence to conclude that any District employee engaged in the

misconduct alleged by Mr. Alonzo-Moreno in his recorded statement to Ms. Perez or in the written

complaint submitted by Ms. Perez on behalf of Mr. Alonzo-Moreno. A conclusion indicating the same is

recommended by the investigator(s). This recommendation is based primarily on the fact that Mr.

Alonzo-Moreno chose not to elaborate on or provide any substantiating information regarding the

allegations outside of his discrimination claims. During his recorded interviews with Ms. Perez and PSE

staff, Mr. Alonzo-Moreno provided testimony that contradicted allegations of employee misconduct.

During a non-adversarial interview (and process) with PSE staff, Mr. Alonzo-Moreno either directly

refuted allegations of misconduct or refused to answer reasonable questions about the written

complaint submitted on his behalf by Ms. Perez. When given the opportunity to participate in a second

interview to expand on these allegations and to address his concerns around employment

opportunities, Mr. Alonzo-Moreno declined and referred PSE staff to his attorney, Matt Farmer.

According to Ms. Perez, Mr. Farmer also represents her.

Similarly, there is insufficient evidence to conclude any District employee engaged in the misconduct

alleged by Jacqueline Perez in her email complaint(s). A conclusion indicating the same is recommended

by the investigator(s). The witnesses Ms. Perez identified as potentially having information regarding

significant employee misconduct within the Maintenance Department did not substantiate or support

her claims with any factual basis. In fact, many of the witnesses denied Ms. Perez’s claims and expressed

confusion or concern as to how they were identified as witnesses in this matter. Additionally, Ms. Perez

chose not to respond to repeated requests for authentication of information in this case.

As identified above, many of the allegations made by Ms. Perez were unsubstantiated by facts or

refuted by direct witness testimony in this, and a related case. She made additional allegations

throughout the course of this investigation. Some of those, such as concerns about P-Card usage would

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be more appropriately addressed by another internal District department such as Procurement or

Internal Audit, if those allegations are supported by facts that appear to meet the standard of legal

sufficiency.

The District must find the balance between a commitment to a safe and equitable environment for all

students and adults, including investigation of alleged employee misconduct, and carefully vetting the

legal sufficiency of complaints, particularly those associated with individuals whose credibility has been

compromised through an evaluation of objective data and information. Considering this, it is

recommended that the District and Board weigh future allegations made by Ms. Perez in the context of

the “Hillen Credibility Factors”, a standard established in case law (See attached Hillen Credibility Factors

document). Ms. Perez has historical and pending litigation against the District which lends itself to

inherent bias, one of the seven items included in the Hillen Credibility Factors. In addition to possible

bias, other Hillen Credibility Factors called into question with Ms. Perez in this investigation may include

but not be limited to: “The Opportunity and Capacity to Observe the Event or Act”; “Contradiction by or

Consistency with Other Evidence”; and “Demeanor.”

This is not a suggestion that the District arbitrarily or unilaterally choose when and how to screen

allegations. To the contrary, this is a suggestion that certain allegations be vetted more carefully. It is

recommended that future allegations made by Ms. Perez be approved for investigation by the Board

and/or referred for investigation to outside counsel, whose funding is approved by the Board.

*Issues Identified for Further Review by an Appropriate Staff Member or Administrator:

• Mr. Alonzo-Moreno and/or his Attorney should obtain a copy of the documentation

substantiating that his Honduras High School Diploma has been appropriately verified by an

approved agency

• Mr. Alonzo-Moreno should have that documentation submitted to the Human Resources

Division so that it can be appropriately incorporated into his personnel file; this can be

submitted to the District’s Staff Attorney, the Department of Professional Standards and Equity,

or to the Human Resources Specialist dedicated to the Maintenance Services Department

Respectfully,

Andy Brown

Andy Brown, MSEd., Director, Professional Standards and Equity