By Anita Todd
LAKE WALES – What began as a routine update by Council at the Sept. 22 Lake Wales Charter Schools Board Work Session quickly escalated into a discussion over state law, revealing that one new board member had already stepped down and another, Rafael Unzueta, was needing a workaround so he could remain on the board despite his spouse’s employment.
The law in question, Florida Statutes 1002.33(26)(c), “prohibits an employee of a charter school, or their spouse, from serving on the governing board of that charter school. This provision ensures that charter school employees or their family members do not hold a position of authority on the board overseeing the school.”
When System Council Shawn Arnold began addressing the matter, newly elected Chairman of the Board of Trustees, Rafael Unzueta, recused himself from the discussion and handed the proverbial gavel to Vice Chair Dr. Lori Hutto.
“I was asked to evaluate the fact that two trustees had spouses working at the schools,” Arnold began. “In this instance there’s a trustee who has resigned from the board so that their spouse can continue to be employed at the school. In the other instance, the trustee will remain on the board with a proposed solution for this board to consider.”
It became clear that Keith Thompson, elected in May, was the Trustee who had resigned, as his wife is an employee at Lake Wales High School. With Unzueta recusing himself as Chair during the discussion, it was also evident that he was the Trustee seeking a way to remain on the board. His wife is an employee of LWCS, as well.
The proposal was outlined by Council: “The spouse would no longer be an employee of Lake Wales Charter Schools. Instead, that individual would be employed by another charter school (system), placed on that school’s payroll, covered by that school’s insurance, workman’s comp, policies and other things like that, and, ultimately, supervised by that school’s administration. Lake Wales would then contract for the services of that employee.”
Andy Blair was the first to voice opposition to what quickly became known as the “workaround.”
“I have the utmost respect for Rafael and his wife, Julie. But it seems like we are trying to get around a statute. I think we’ve worked really hard to do everything out front. If we are going to follow the law, let’s follow the law. I have a moral issue with trying to work around this. This appears to me, and I know it’s not but, it appears to me as a backroom deal. It has the appearance of shenanigans … I can’t support this.”
Hutto agreed with Blair: “I have to echo what Andy said. I have the utmost respect for Mr. Unzueta. But I think we have worked through a lot, and I think we’ve regained the trust of our community. If there’s ever any gray area, I’m reluctant to go there just because we have worked so hard regaining trust, becoming more transparent, being more open.”
Dr. Lynn Johnson, however, felt the option deserved consideration. “I don’t want the appearance of impropriety, but I don’t want to jump the gun either. I have full confidence in our attorney and if he thinks there’s a way we can be in full compliance, I want to hear it.”
New teacher representative Jaime Winfree spoke about how teachers would perceive the proposal. “There’s no workaround for the teachers’ vote. We don’t get to find some back door way for me to vote for 700 teachers. This law went into effect 11 years ago. We’ve had spouses on this board for a long time. We’ve been out of compliance for a long time, so either we right the ship or we don’t. But teachers need to feel like we are going to do the right thing at all costs.” Winfree is referring to the fact that her seat, Seat 1, represents the all the System’s teachers but has no vote.
Blair reiterated his stance: “Just because it’s legal doesn’t make it right.” This was in reference to the “work around” that the Council proposed.
When asked about next steps, Council clarified: “I was asked to give an update. There is no action or motion required.”
During the Board Meeting immediately following the Work Session, after extended discussion, the Board agreed that the proper procedure is to create a nominating committee for seat 7. For the October meeting, an agenda item will be added to address Seat 7, vacated by Thompson.
When asked if Unzueta (seat 8) had resigned during the break between the work session and the regular meeting, Superintendent Dr. Julie Conrad clarified: “Mr. Unzueta is just absent from the Board meeting.”
