Fired?
Whether a Red Oak Community School District custodian was fired 16 days before his contract was scheduled to be terminated became a topic of a heated discussion at the June 27 school board meeting.
Custodian Adrian Guerra met publicly with the board in regard to his allegation that he was terminated on June 14, something he claimed cost him a chance to be hired by the FBG, the firm contracted by the school district to provide custodial services starting July 1. School officials denied that Guerra was fired before the end of his contract on June 30 and that FBG was free to hire him.
Alleges termination
Guerra told the school board that superintendent Tom Messinger was notified that Guerra was making a purchase at the Kum & Go during working hours. Messinger reportedly brought it to the attention of Adrian’s supervisor, Carlos Guerra, who brought it to Adrian’s attention. The issue was apparently resolved, but Guerra said he was terminated later in the month.
“I was called in June 14 to Tom Messinger’s office and I was told by Tom and Jeff [Spotts] that I was terminated. Nothing in writing. There’s supposed to be a due process procedure. I don’t know if anything followed after that, because I got nothing in writing,” Guerra said.
Guerra added he was called to the office to pick up a grievance paper. Guerra said he had no grievance, he merely wanted to discuss his termination. He said the grievance paper was never signed by Messinger.
Jed Sherman, who spoke on Guerra’s behalf, said there were four steps to the grievance process. The steps are an informal discussion, a meeting with the supervisor, a meeting with the superintendent, and the last step is arbitration in Des Moines. Sherman said his concern was that arbitration was not want Guerra wanted, what he wanted was discussion.
“He wasn’t looking to go to Des Moines. He wanted to meet with the board, which he is. It’s concerning to me that to get to meet with the board, he had to do a grievance, and that’s not what this meeting should be,” said Sherman.
Sherman reported that Guerra said two emails were sent, one to school board President Paul Griffen, that received no reply. Griffen said he did not reply to the email because Guerra was on the board agenda and he wanted to hear what Guerra had to say during the board meeting.
Not terminated
Messinger then addressed the board and Sherman, saying Guerra was not terminated on June 14.
“At no point during that meeting was Guerra told he was terminated that day,” Messinger said.
“You signed a document back on May 26 that acknowledged the school board ended the term of your contract, and those of all the custodians, on June 30.
“My conversation with Carlos was not about that specific trip to Kum & Go, but about leaving the building multiple times a day. I asked him to speak to you about being in the building when you were on the clock to work. When we met June 14, you had stated you go between different buildings. But I mentioned the incident on June 2, and you said you had done that every day for five years and nobody ever had a comment. I asked if your supervisor ever said anything about that. You said no. So I asked if it would be inaccurate to say Carlos talked to you about that. You responded to me and Jeff that he had never said anything to you about that. So why then did you deny it that day, when you come up with a letter that said you talked about that?” Messinger said.
Messinger reiterated Guerra was not terminated June 14. He was paid for the entire month of June. His termination date was June 30, same as the other custodians.
Guerra alleged he was denied the chance to interview with the outsourcing company hiring the district’s custodians, because his termination was June 14.
Board member Bret Blackman said it was his understanding that the board had no say in who the company hired.
“It’s the company’s decision on who they hire. It’s not the board’s responsibility to recommend anyone beyond what the company wants to do,” Blackman said.
Sherman asked if that meant that if the company were to interview and hire Guerra, that the company could do so. Blackman said that was correct.
“That’s the decision we made when we decided to outsource. They are no longer school employees after June 30,” Blackman said.
Sherman said Guerra wanted the chance to interview with FBG – the company hired by the district to handle custodial services starting July 1 – but that he was apparently denied the chance to interview. Messinger said that statement was inaccurate.
“That’s not an accurate statement. He did go back into the interview room after he spoke. I don’t know where you got that information, but it’s not an accurate statement,” Messinger said.
Guerra reportedly had his keys taken away, and was told not to come back.
“When I went into that room to talk to you. I figured I was just going get written up. So I asked Tom what he wanted to do about this. He told me I was terminated. I started walking out, and he told me to turn over my keys, my cell phone, and badge. I was also told I was not to go to any of the games without his permission. I was terminated,” said Guerra.
Blackman said that his understanding that there was no contract to terminate at this point. Messinger said he was willing to have Jeff Spotts come in and weigh on the situation, but that his sequence of events would be vastly different than Guerra’s.
“What it boils down to is that FBG is free to hire whoever they want to. They have not been told by me who to hire or not to hire. The contract was over at the end of June. No pay was deducted from his paycheck, and no back-pay has been sought and returned,” Messinger said.
Griffen said there was no action to be taken by the board. As it was FBG’s decision to make any hirings.
“At the end of June his contract is up. He has been asked not to report to work at this point. His keys, badge and everything else have been taken. That’s within the auspice of the administration. If he wants to apply with FBG, he is welcome to do that,” Griffen said.
Griffen also stated Guerra was free to go to any games until the end of his contract June 30.