By Danetta Barker
Editor
The saga of Jeff Burke’s suspension from his position as assistant superintendent is over and he will not be reinstated in that position.
According to Superintendent Kelley Crain, an administrative tribunal has issued a report detailing the charges made against Burke. The findings state that he must be offered a position within the school system and must accept that position in the 2009-2010 school years.
The process had been long and Crain has been required by law not to release any information. Now that the issue is resolved Crain can better explain the events that lead to Burke’s suspension.
“On April 21, 2008, I issued a press release regarding Jeff Burke’s employment status with the Fleming County Schools, and I have been legally constrained since that time from offering any additional details. Mr. Burke exercised his statutory right to an administrative hearing before a neutral, three-member panel. To my knowledge the administrative decision is now final and is part of the public record. I am now able to give some additional details regarding this employment matter,” Crain said in a press release.
Crain had suspended Burke with pay March 27, 2008 after a urine test came back showing Burke had used cocaine. According to the report from the tribunal the final result of Burke’s test was 7500 ng/mL, the cutoff for being out of range is 100ng/mL.
The report also stated that Burke’s name had been pulled at random for testing, as is the policy to test those working in the transportation department of the school district. Burke served as director of transportation as well as finance officer. Burke tried to get an alternate for the test, which is allowed should the person be unable to test the day his or her name is pulled. Burke, who had been going through a difficult divorce, said he was on his way to a lawyer’s office in Mt. Sterling. He tried to get Crain to let him have an alternate. She denied his request. Burke’s name had been drawn Oct. 24, 2007 and Dec. 3, 2007, and both times he was allowed not to be tested. Burke was given three hours to test on March 27.
After Crain suspended Burke with pay for the preliminary results of the test, he told her the final result would prove he had nothing improper in his system. That was not the case.
Crain offered Burke another position within the school system, but he declined the offer.
“Before deciding to terminate Mr. Burke’s employment, I made an offer to Mr. Burke which would have permitted him to remain employed in a different position while seeking drug treatment and counseling and submitting to drug testing beyond that required by regulation and Board policy. The drug testing and counseling requirements were included in the proposed agreement after considerable consultation by myself with professionals from the respective fields, and were intended to ensure student and employee safety,” Crain said. “Mr. Burke rejected this offer and refused to relinquish his administrative position. A position which was highly safety sensitive in nature, and required administration of the transportation program and oversight of finances. As a result, I felt Mr. Burke left me no choice but to seek his termination from these positions. The statutory process for certified school employees makes my action a mere recommendation, and leaves the final decision to a three-member tribunal panel appointed by the Commissioner of Education.”
The formal charges against Burke were conduct unbecoming a teacher. Burke was charged for not submitting sick leave cards or requested non-contract leave days on up to 25 dates during the 2007-08 school year. Burke was in charge of employee leave cards. The tribunal found there were days when there was no evidence that Burke was performing duties for the district and he had not indicated they were non-pay or sick days.
Burke was also charged for not taking appropriate measures to keep the central office apprised of his whereabouts. As transportation director, it was Burke’s job in bad weather to inspect roads, call school off and notify the media.
Although Crain had trouble contacting Burke during inclement weather the tribunal found there was not sufficient evidence to convince them that Burke had not acted in timely manner.
Another charge was of not submitting evaluations on employees. Burke said he had hand written the evaluations but had been suspended before he could give the information to Crain.
On the charge that Burke failed to provide information as requested in regard to a nickel tax increase for the district and the effect on bonding potential for presentation to the Board of Education it was found that Burke did not provide the information as requested.
The last charge of the use of profanity in the office was found by the tribunal to be correct. Burke was said to have used profanity and name calling on two occasions.
According to Crain, Burke was appropriately suspended without pay since April 21, 2008.
“They determined Mr. Burke’s conduct relating to drug use was ‘deeply disturbing and wrong’ and that it constituted ‘conduct unbecoming a teacher.’ In light of this finding, the tribunal agreed that Mr. Burke was appropriately suspended without pay since April 21, 2008. He remains on that status pending the availability of a non-administrative position for which he holds proper certification. No such certified positions are currently vacant. The tribunal also agreed that Mr. Burke should not serve in the finance or transportation departments of the Fleming County Schools or hold a CDL to drive a school bus for the school district. Mr. Burke is also required to undergo drug counseling for two years and to submit to extra drug testing at his own expense for the remainder of his employment with the Fleming County Schools,” she said. “The conditions imposed by the tribunal members on Mr. Burke’s continued employment in the Fleming County Schools are largely the same as those offered by me and rejected by Mr. Burke on April 21, 2008. Had Mr. Burke accepted my offer, and successfully met the conditions of the offer, his unpaid suspension would have ended in June 2008, and he would have received a pay check from the beginning of the current school year to the present, and he could have spared this school district community the stress and expense of the tribunal proceeding. I appreciate Mr. Burke’s continued willingness and desire to utilize his talents for the benefit of the students of Fleming County in another capacity. I am satisfied with the outcome of the tribunal proceeding, and I look forward to putting this matter behind the school district so all of our efforts can be concentrated on continuing improvements of instructional programs and services for students. During this entire period I have been mindful of the need to keep the entire Fleming County Schools’ team focus on our students and continue to strive to make decisions that are in the best interest of our students.”
