External investigation: Troy Pumphrey should have been truthful regarding expunged record

BRADENTON -- An investigation of the school district's professional-standards investigator, Troy Pumphrey, found he was "untruthful" when he failed to disclose an expunged criminal record when applying to work with the Manatee County School District.

The report also recommends Pumphrey be allowed to correct his application and return to work.

"Given the specific facts involved in this situation, we believe that reasonable minds could differ as to whether Mr. Pumphrey deserves discipline, especially when he was apparently following legal advice," reads a five-page memo, authored by David Miklas, an attorney with Richeson & Coke. A 10-page external investigation, dated April 14, was completed by Lindsay Oyewale, a lawyer with DeBeaubien Knight Simmons Mantzaris & Neal.

The memo recommends Pumphrey be allowed to continue his employment because, the report found, the district does not apply the same hiring rules and policies consistently.

"Mr. Pumphrey should be aware that he is expected to conduct himself with complete candor on any matter where there is even the appearance of impropriety," the memo reads.

The Fort Pierce law firm was hired to investigate Pumphrey's initial May 2013 employment application and subsequent August 2014 employment application. The investigation was to include all prior reviews conducted into Pumphrey's qualifications for employment within the district, according to Manatee County School District Superintendent Rick Mills, who hired the firm.

Mills did not immediately return requests for comment on Friday.

When reached, Pumphrey referred comment to his lawyer, Christine Sensenig, who said this report makes it the fourth time a lawyer has reviewed Pumphrey's case.

Sensenig said she understands the district needs to review and discuss the report.

"We do expect them to be communicating with us shortly," she said. "We look forward to working with the district."

The report addresses some of the retaliatory behavior Pumphrey said he has faced from board member Dave Miner, calling Miner's action's "troubling," adding Miner has an "unhealthy interest" in seeing Pumphrey

terminated.

In an emailed response, Miner took issue with the report, saying it was a limited effort to investigate the circumstances. Miner said he was not interviewed for the report and neither was anyone who does not work directly for Mills, except for Pumphrey's lawyer.

"This does not reflect the search for truth that I believe many in our community desired - and deserved," Miner said.

Miner also noted the State of Florida, Commission on Ethics found that Miner's alleged conduct was not "inconsistent with the proper performance of his public duty" and noted the commission dismissed Pumphrey's complaint in January.

Pumphrey also filed a bar complaint against Miner, that is still working in the system.

Sensenig is representing Pumphrey in his pending federal case alleging retaliation and discrimination.

In October, Miner called for Pumphrey's resignation, saying Pumphrey lied on his resume as part of his application to work with the school district. Pumphrey claimed he held Class C/MA license, which deals with being a private investigator in Florida, but he had only applied for it and never received it.

Despite repeated attempts, Miner's request failed to gain traction with board members and district officials until Mills received an anonymous package and placed Pumphrey on paid administrative leave in January.

The contents of the anonymous package were not made public, but in a lawsuit filed against the district, the school board and against Miner individually, Pumphrey said the information relates to a "1997 business deal gone sour." Pumphrey filed his suit the same day he was suspended. Although first filed in local county court, the lawsuit is now in federal court because of the nature of Pumphrey's complaint.

Pumphrey's employment records in Hillsborough County offers a glimpse as to what the information in the anonymous package may have included.

The details of Pumphrey's sealed and expunged record were included in a handwritten note in his Hillsborough application. In the note, Pumphrey said he signed his friend's name with his friend's permission on a deed of trust, which was then notarized and recorded in St. Mary's, Md. A bank later performed an inspection and found a discrepancy in the signature. Criminal charges were filed, Pumphrey wrote on his application.

"I don't dispute the explanation given while applying for my position in Hillsborough County and I trust in the system and in the end, I believe, the right decision will be made around this," Pumphrey told the Bradenton Herald in February.

Pumphrey said he didn't include the information when applying to Manatee County on the advice of a Maryland-based lawyer because the record had been sealed and expunged.

"After the court's state investigators office researched the allegations, they found that I had permission to sign the doc," Pumphrey wrote. Investigators declined to prosecute -- known as a nolle prosequi -- and Pumphrey stated the case was set to be expunged after a year.

But the latest investigation concluded that there was "no rational basis" for Pumphrey's conclusion that he did not have to disclose the criminal record was expunged. If Pumphrey had any doubts while filling out the application, he should have sought clarification from the district or checked with a Florida attorney. As a former police officer, Pumphrey should have known these types of laws vary from state to state, the report found.

But the district's policies and procedures are also lacking, which makes doling out punishment difficult. "The evidence presented makes it apparent that the district has a less than stellar record of applying its policies and procedures concerning the veracity of applicants in a consistent and cohesive manner," the report said.

The district has not been consistent in requiring full and complete disclosure from applicants, the report found, and has had a long-standing practice of allowing applicants to "correct" their applications after the fact.

Meghin Delaney, education reporter, can be reached at 941-745-7081. Follow her on Twitter @MeghinDelaney.

This story was originally published April 24, 2015 at 11:10 PM with the headline "External investigation: Troy Pumphrey should have been truthful regarding expunged record."