Law May Cost 76 Workers Their Jobs

11-21-2007 Florida:

LAKELAND | The Polk County School District may have to fire up to 76 employees to comply with the Jessica Lunsford Act, which prohibits people who have been convicted of certain criminal offenses from working on school campuses with children.

Many of the people are janitors, bus drivers or maintenance workers who earn meager wages, have limited contact with children, and arrest records from old cases that stem from theft, robbery or vandalism.

That's why school officials and board members don't like the new law.

"These are likely our most vulnerable and lowest paid," said board member Brenda Reddout. "They are the least likely to find salary and benefits."

"It means you can't make a mistake when you're young," said Bruce Tonjes, associate superintendent. "It's upsetting to people who think they have put something behind them."

Board member Margaret Lofton said that officials should address the Legislature about the law.

"People who have been faithful employees for many years will be getting pink slips," Lofton said.

Board officials have notified the employees and are attempting to find some of them jobs at different hours that would eliminate their interaction with children.

Tonjes said many of the janitors and a paraprofessional enjoy working and talking with the students.

The Jessica Lunsford Act swept through the Legislature in 2005 after 9-year-old Jessica Lunsford was kidnapped and killed near her Homosassa home. John Couey, the man convicted of killing her, is a registered sex offender.

The act may affect people like Martha Belmares, a school janitor with a nearly 30-year-old shoplifting transgression. Belmares, 52, was arrested in 1980 and charged with felony grand theft after she was caught shoplifting $110 worth of clothing from a Winter Haven department store.

For her crime, Belmares paid a $500 fine, served two days in jail and three years of probation.

Belmares was fired, but a hearing officer in June recommended restoring her old job as night janitor at Fort Meade Middle /Senior High School.

Because a hearing officer made the determination, School Board attorney Wes Bridges said that Belmares will not be one of the 76 fired.

After the Belmares case, Bridges had asked state Attorney General Bill McCollum to clarify whether the district must fire employees for criminal misdeeds committed years ago. The board also wanted to know whether it may grant exceptions to the law.

In response to Bridges' questions, McCollum did not grant any relief.

"I am of the opinion that all non instructional school district employees who are permitted access on school grounds when students are present, who have direct contact with students, or who have access to or control of school funds must meet level 2 screening requirements as described in section 435.4, Florida Statutes," McCollum wrote.

Tonjes said that human resources is working with each employee on a case-by-case basis. Like Belmares, the fired employees will be given the option to have a hearing before an officer.

The School District employs about 14,000 people.

Bridges called the statute "onerous."

"They could be model employees for 20 or 30 years but something could have happened in the '70s or '80s," Bridges said. ..more.. by John Chambliss can be reached at john.chambliss@theledger.com or 863-802-7588.