Superintendent, lawyers recommend Manatee School Board not pay legal fees for ex-employee Debra Horne
BRADENTON -- It cost the Manatee County School District's former professional standards investigator more than $18,000 to defend herself against charges of failure to report child abuse.
Debra Horne, the former district employee, enrolled in a pre-trial intervention program rather than go to trial. All charges have since been dropped, so she has asked the Manatee County School Board to pay her $18,605 bill from Byrd Law Firm of Sarasota.
School Superintendent Rick Mills wants the board to deny the request as does school board attorney Jim Dye.
School board members will vote on the fee request Tuesday.
Scott Martin, the district's
former staff attorney, is assisting Horne in her reimbursement request.
Horne, former Manatee High Principal Robert Gagnon and former Manatee High School assistant principals Gregg Faller and Matthew Kane were all charged with failing to report allegations of inappropriate behavior between female students and Roderick Frazier, former assistant coach and Manatee High School parent liaison.
Charges were dropped before Horne completed the pre-trial program, which is the main reason Mills and Dye recommend denying reimbursement. Horne was never tried and so was never found not guilty, they say.
"It is undisputed that all charges against Mrs. Horne were dropped by the State Attorney. She has been convicted of nothing," Martin wrote in a Jan. 30 memorandum to the district.
Martin said if the district pays the relatively small cost to reimburse Horne's out-of-pocket expenses, the issue will be dropped. If the district doesn't pay, the matter will probably go to an administrative hearing and costs could pile up.
This isn't the first time Horne has trip to recoup legal fees. Using a different law firm, Horne asked for a reimbursement July 21. In a response letter July 28, staff attorney Mitchell Teitelbaum denied the request saying the pre-trial intervention program wasn't a "successful defense" and so she isn't eligible for reimbursement.
Horne then filed a formal petition with the clerk.
Florida statutes say the district shall reimburse reasonable fees for those charged in the course of assigned duties who are successfully defended. School board policy follows the statute and says legal services shall be provided upon determination the employee was found "not guilty of willful neglect of duty, gross negligence, or improper conduct."
In a memorandum in Tuesday's agenda, Teitelbaum questions whether the $18,000 is considered "reasonable" attorney fees, especially since approximately 10 percent of the bill is for speaking with the media and reviewing newspaper articles.
"Even the most cursory review of the billing as now offered by former staff attorney Scott Martin reveals that there are 27 separate billing entries for reviewing newspaper articles and speaking to the media," Teitelbaum wrote.
Other charges include conference calls with Horne, legal research and attending case management conferences.
Horne was the only one charged in the Frazier case who entered into a pre-trial program.
Gagnon and Kane were acquitted of all charges.
Faller was found guilty of one misdemeanor count of failing to report child abuse and acquitted of a felony count of failing to report child abuse. Frazier was convicted of four misdemeanor counts of battery and two counts of interfering with a student's attendance.
Meghin Delaney, education reporter, can be reached at 941-745-7081. Follow her on Twitter @MeghinDelaney.
This story was originally published February 5, 2015 at 12:00 AM with the headline "Superintendent, lawyers recommend Manatee School Board not pay legal fees for ex-employee Debra Horne ."