How To Get A Written Reprimand From The School Corporation

Transcription

1 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 1 of 9 PageID #: 1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION TINA GRACEY and BRENDA ) FARNSWORTH, ) ) Plaintiffs, ) ) v. ) No. 1:15-cv-1647 ) BROWNSBURG COMMUNITY ) SCHOOL CORPORATION, ) ) Defendant. ) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Introductory Statement 1. Tina Gracey and Brenda Farnsworth are, to use the colloquial term, lunch ladies employed in the food services department of Brownsburg Community School Corporation ( the School Corporation ). During the spring and summer of 2015, they each made several public comments in an online forum pertaining to what they believe to be a lengthy history of fiscal irresponsibility by the School Corporation. These comments, which simply expressed their opinions and which pertained to matters of public importance, generally concerned two public referendums that would have raised taxes in order to fund various projects of the School Corporation. As a result of their online comments, both Ms. Gracey and Ms. Farnsworth received a written reprimand from the School Corporation and were informed that similar comments in the future would subject them to termination. In issuing these reprimands, the School Corporation was enforcing several provisions of a social media policy applicable to employees, which requires employees posting in online forums to, inter alia, be honest[], 1

2 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 2 of 9 PageID #: 2 respect[ful], and considerat[e] ; uphold the district s value of respect for the individual and avoid making defamatory statements ; include disclaimers... that the views are their own and do not reflect on their employer ; and meet the highest standards of professional discretion. These provisions of the social media policy, as well as the reprimands issued to Ms. Gracey and Ms. Farnsworth, violate the First Amendment to the U.S. Constitution. Declaratory and injunctive relief is warranted. Jurisdiction, Venue, and Cause of Action 2. This Court has jurisdiction of this case pursuant to 28 U.S.C Venue is proper in this district pursuant to 28 U.S.C Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and 28 U.S.C and This action is brought pursuant to 42 U.S.C to redress the deprivation, under color of state law, of rights secured by the U.S. Constitution. Parties 6. Tina Gracey is an adult resident of Hendricks County, Indiana. 7. Brenda Farnsworth is an adult resident of Hendricks County, Indiana. 8. Brownsburg Community School Corporation is a school corporation that operates several public schools in Hendricks County, Indiana. Factual Allegations 9. Tina Gracey and Brenda Farnsworth are both employed by Brownsburg Community School Corporation ( the School Corporation ). They both also reside in Brownsburg, Indiana. 10. At all relevant times, Ms. Gracey and Ms. Farnsworth have both been employed in the 2

3 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 3 of 9 PageID #: 3 food services department of the School Corporation. Since long before the events giving rise to this litigation and at the current time, Ms. Farnsworth has worked at East Middle School. Through April or May of 2015, Ms. Gracey worked at Brownsburg High School; however, she was then transferred to the Brownsburg Early Childhood Center (a public pre-school also operated by the School Corporation). 11. At all relevant times, Ms. Gracey and Ms. Farnsworth have been responsible for preparing and serving meals to schoolchildren, as well as cleaning up after meals. They are, in colloquial terms, lunch ladies. 12. Neither Ms. Gracey nor Ms. Farnsworth supervises any other employees. Neither woman exercises a confidential or policy-making function for the School Corporation. 13. In the spring of 2015, two public referendums were sent to the ballot in Hendricks County. If passed, one referendum would have allocated $95 million to renovate Brownsburg High School and to build a new elementary school. The other would have allocated $1 million to staff one of the School Corporation s elementary schools. Both referendums, if passed, would have been paid for through tax increases. 14. Ms. Gracey currently has two children enrolled in schools operated by the School Corporation, and both Ms. Gracey and Ms. Farnsworth have children who have graduated from schools operated by the School Corporation. They are therefore highly interested in public issues affecting the School Corporation. They are also interested in the manner in which the School Corporation s use of funds is likely to affect themselves and other taxpayers. 15. Both Ms. Gracey and Ms. Farnsworth, as well as numerous other members of their community, believe that the School Corporation has a history of acting in a fiscally 3

4 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 4 of 9 PageID #: 4 irresponsible manner. In order to communicate this view and to advocate against the aforementioned referendums, a Facebook group was established called Brownsburg Residents for Fiscal Responsibility. This group (which is still active and is available at [last visited Oct. 13, 2015]) allowed for persons with similar concerns to associate with one another and to express and advocate for their views both with respect to the referendums specifically and with respect to the School Corporation s alleged history of fiscal irresponsibility generally. 16. While neither Ms. Gracey nor Ms. Farnsworth created this Facebook group, they both became members of it and regularly expressed their opinions during the spring and summer of These opinions were expressed generally by posting messages on the Facebook page or by commenting on messages posted by other persons. 17. Ms. Gracey s comments included the following: a. In response to the posting of a photograph by someone else of a front yard with a sign urging persons to vote no on the referendums on which someone had apparently driven in order to damage the yard: I cant believe that someone would stoop so low they must be getting scared that people are opening their eyes to the deception!!! (Posted April 26, 2015) b. Concerning the referendums: In my opinion, some of the purposed renovations ARE badly needed at the high school and class sizes do have alot to with the ability to teach and for kids to learn, but for me it is more about all of the frivilous spending pre referendum. The things that i have personally seen and dealt with. I feel that this is just a bandaid and that there are more referendums in our future if this passes!! All i want is for it to be more than a bandaid. I and my family moved here with the plan of staying here, growing old here, but at the rate of growth and the lack of reguard for the senior citizens in our community who have been here for many years being over taxed, not being able to make ends meet, for the young couples just starting out, who chose our wonderful town to put down roots on little income. Even some of us mediocre income families who just get by. We figured our property taxes and they will go up a considerable amount yearly. And can continue climb over a period of 22 yrs. For something that is not going to be enough five or ten yrs. down the road!!! I will vote no and advice adminastration to come up with a more affordable to public plan that will be 4

5 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 5 of 9 PageID #: 5 enough for years and years to come instead of just a handful of years. VOTE NO!!! VOTE NO!!!! VOTE NO!!! (Posted April 29, 2015) c. In response to another message concerning a large expenditure by the School Corporation: Yes it was all balled up into one whammy kind of like the referendum is now!!! I think that they roll all of the stuff together because they think that people do not read the fine print so to speak. And they are right most don t and that s how the referendum will end up going thru. (Posted April 30, 2015) d. In response to another message: Thank you for sharing!! If you can not ask questions then what good does it do to even speak at a board meeting?? A layman like me who doesn t completely understand the way money is spent or how they go about deciding how it is spent then where do i go for answers???? The board members in that meeting were blaming the no voters and definitly calling us liars. I for one don t think that they were being totaly honest about the things in referendium either!! You want ideas??? Call a public meeting for interested parties to attend where someone like me can ask questions and get them answered honestly!!!! With board members and the people of this town!!! That 95,000$ would have easily paid for sinks in the labs, why do our kids need family room type rooms to study in?? Mine has that at home. Things that our money was going to spent on were and are ridiculous!!! In my opinion!! I and my husband will be at the next board meeting!! I will educate myself about where and how money can be spent!!! The board is elected officals who should listen closer to what the public is saying!!! It is your job to come up with ideas that coinside with what the public wants!!! In my opinion, the town needs to work closer with schools to make things work!! Slow the growth of our, what used to be a small town, and let the the schools catch up!! I do not disagree that there are things that need to be fixed. But deciding what is truely NEEDED and things that are not neccesary!!!! We have a great school system and we all need to work together to keep ot that way!! And one last thought, as far as the board members taking things personally, you are elected officials, if you cant take the backlash of people disagreeing with you then why did you run!!! Why be in a position where people are going to disagree with you???? Just saying!!!!! (Posted May 13, 2015) e. In response to several similar comments pertaining to a recent school board meeting: I totally agree with all comments!! We were called liars and uneducated. I was approached at my job which is at a school, with what i believe to be bulling in a calm way, to change my vote and not just superintendant but fellow employees. Thank you rob and all who worked so hard to get the no vote. Thank god for people who stand up for the well being of all in our town!!!! (Posted June 9, 2015) 18. Ms. Farnsworth s comments included the following: 5

6 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 6 of 9 PageID #: 6 a. In response to the same picture to which Ms. Gracey posted of someone s front lawn having been vandalized: Not at all Bulldog Proud not mention disrespectful of someone s property. (Posted April 26, 2015) b. In response to another comment: Oh yes! Oh yes! Elected officials and can t take opposition. And the comments about moving to Brownsburg to avoid bussing in the 70 s. Is that a form of discrimination? Just asking? (Posted May 13, 2015) c. In response to comments made during a school board meeting: I found the personal attacks made at the meeting tonight were very distasteful and disturbing. My thoughts are maybe some people weren t raised right! (Posted August 10, 2015) 19. Ms. Gracey s and Ms. Farnsworth s comments were all made and posted on their own time and from their own electronic devices. Their comments all pertain to an issue of public interest and concern. 20. The School Corporation has a social media policy applicable to all staff-members. An excerpt from this policy is attached and incorporated herein as Exhibit This first page of the social media policy (exclusive of the table of contents) provides, in pertinent part, as follows: Your online behavior should reflect the same standards of honesty, respect, and consideration that you use face-to-face. Take steps to ensure that any social media content associated with you is consistent with your work at [the School Corporation]: A. An employee should not make statements that would violate any [School Corporation] policy, including its policies concerning discrimination and harassment. B. The employee must uphold the district s value of respect for the individual and avoid making defamatory statements about the school district or any member of the school community. * * * E. [School Corporation] employees must include disclaimers within their personal blogs that the views are their own and do not reflect on their employer. For example, The postings on this site are my own and don t 6

7 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 7 of 9 PageID #: 7 necessarily represent [the School Corporation s] positions, strategies, opinions, or policies. F. If the [School Corporation] believes that an employee s activity on a social networking site, blog, cell phone, or personal website may violate [the School Corporation s] policies, the [School Corporation] may request that the employee cease such activity. 22. Under the heading Use of Social Media such as Facebook, Myspace and Twitter, the social media policy provides, in pertinent part, as follows: Your online behavior should reflect the same standards of honesty, respect, and consideration that you use face-to-face, and be in accordance with the highest professional Standards. * * * Comments related to the school should always meet the highest standards of professional discretion. When posting, even on the strictest settings, staff should act on the assumption that all postings are in the public domain. 23. On or about September 3, 2015, Ms. Gracey and Ms. Farnsworth were separately required to meet with a human resources officer employed by the School Corporation. During these meetings, it was explained to Ms. Gracey and Ms. Farnsworth that their comments described above violated every single provision of the School Corporation s social media policy identified in paragraphs 21 and 22, above. 24. The School Corporation thus issued formal written reprimands to Ms. Gracey and Ms. Farnsworth for placement in their employee files. It was thereafter explained to Ms. Gracey and Ms. Farnsworth that, if they made similar comments in the future, they would be subject to termination. A true and correct copy of the reprimand issued to Ms. Gracey is attached and incorporated herein as Exhibit 2, and a true and correct copy of the reprimand issued to Ms. Farnsworth is attached and incorporated herein as Exhibit Ms. Gracey and Ms. Farnsworth wish to speak open and freely, and critically, of public issues affecting the School Corporation in the future. They are aware, for instance, that 7

8 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 8 of 9 PageID #: 8 plans are already being made for a similar referendum to be introduced at the polls in 2016, and they are aware that the Facebook group has remained active and is currently active. Because of the above mentioned provisions of the School Corporation s social media policy and because of the disciplinary action taken against them, Ms. Gracey and Ms. Farnsworth have not spoken about issues of public interest and concern even though they wish and have wished to do so. They have thus been chilled in their speech. 26. There is no justification for the School Corporation s enforcement of its social media policy or for its attempts to silence Ms. Gracey and Ms. Farnsworth on issues of public interest and concern. 27. The School Corporation has, at all times, acted under color of state law. 28. As a result of the actions of the School Corporation, the plaintiffs are being caused irreparable harm for which there is no adequate remedy at law. Legal Claim 29. The above-described provisions of the social media policy, as well as the disciplinary actions taken against the plaintiffs, violate the First Amendment to the United States Constitution. Request for Relief WHEREFORE, the plaintiffs respectfully request that this Court: 1. Accept jurisdiction of this cause and set it for hearing. 2. Declare that the defendant has violated and is violating the rights of the plaintiffs for the reasons described above. 3. Issue a preliminary injunction, later to be made permanent, requiring the defendant to expunge the written reprimands issued against the plaintiffs. 8

9 Case 1:15-cv RLY-DKL Document 1 Filed 10/19/15 Page 9 of 9 PageID #: 9 4. Issue a preliminary injunction, later to be made permanent, prohibiting the defendant from enforcing the above-described provisions of its social media policy. 5. Award the plaintiffs their costs and reasonable attorneys fees pursuant to 42 U.S.C Award all other proper relief. /s/ Gavin M. Rose Gavin M. Rose /s/ Jan P. Mensz Jan P. Mensz ACLU OF INDIANA 1031 E. Washington St. Indianapolis, IN / fax: 317/ grose@aclu-in.org jmensz@aclu-in.org Attorneys for the plaintiffs 9