Wednesday, February 09, 2011

Blogging from Under the Bus

"A blogger is likened to the rail bird
that hasn't been anywhere,
hasn't done anything,
and is contemptuous of anyone who is
waging the day-to-day battles of life."

---from John Kiser's weekly communication


Clearly bloggers are defective. Everybody knows that. We're all unemployed, living in our mother's basements - just lounging around in our pajamas all day sucking up beer and hogging the doritos. So it came as a surprise to learn that FCPS bus honcho John Kiser fired a little volley at us lowly pitiful souls in his most recent transportation communication. Anyone know what prompted that?

As is our custom, KSN&C followed up on and earlier allegation we received. I wrote to district spokeswoman Lisa Deffendall to see if she could now confirm and comment on the following allegation?

That a bus driver was passed over for a position. That the employee grieved. After that, the employee was disciplined for not following in line during a field trip (or something like that) and was removed from the trip list, reducing the employees ability to earn wages. And that, by the time of Mary's ruling, 90-days had passed, rather than the 10 days required by policy, by which time, the disputed position had gone to another driver.

(NOTE: Careful KSN&C readers will note that any inuendo regarding racial motivations related to the alleged action has been dropped from the above description. Additional information from our transportation moles make that initial claim more doubtful.).

Deffendall responded,

I spoke with Stu about this and he said that he has looked into the situation, but because it is a personnel matter, he is not able to comment on it.
OK so before, the district had to look into it, and now it's a "personnel matter." We did some more investigating and it seems like that's not all it is.

Turns out the bus driver found his or her way to Frankfort and is now being represented by a certain former FCPS in-house counsel - indeed claiming that his or her grievance was buried for 90-days while the job the driver was seeking went elsewhere.

So, now Fayette County Superintendent Stu Silberman has another reason not to comment, since this matter appears to be under litigation.

Wait. It gets better.

Silberman had his outside counsel, Bob Chenoweth, send Brenda Allen a formal request to withdraw from representing the bus driver. The district is claiming that Allen's representation constitutes a conflict of interest because she would only have known about "problems with John Kiser" from being Counsel to the Board.

But get this.

When Allen was a law student in the 1990s, her job, while working for JoEllen McComb (who represents Rosalind Hurley-Richards), was "to receive all of the complaints from Fayette County School bus drivers, many of whom ultimately sued Kiser, for retaliation, harassment etc."

Allen reminded Chenoweth that he was the attorney on the other side of one of those cases.
I told them I would not be withdrawing from representing her or any of my Fayette County employee clients and that I carefully review the rules to ensure that there is no conflict before I accept their request to be their attorney. I told him it was ironic that 14 years later I have bus drivers coming to me about Kiser.
Allen told KSN&C that she was delighted to be working with Chenoweth again (even as opposing counsel) and Allen sent her regards to his wife and invited the couple to the grand opening of her restaurant.

I'm pretty sure the Hanna Report glossed over the potential fallout from outsourcing legal services in Fayette County. I'm also starting to understand why Kiser's day-to-day life is full of battles.

Our sources joked that, to them, Kiser was the true "blogger" since he doesn't have a CDL and can't drive a bus.

Apologies to BARBEE for abusing a perfectly good cartoon.

29 comments:

Anonymous said...

Sounds like Mr. Kiser and Mr. Silberman are doing a good job. Using the new evaluation instrument,I give each a 95%. I don't want to demoralize these hardworking men by giving them any less.

Anonymous said...

The principal at my son's school made me aware of your blog. I was wondering if you know how much has been spent on these legal cases since the outsourcing of the board attorney in Fayette County Schools.

Thanks,

A Taxpayer

Anonymous said...

I hope John Kiser is as wedded to the idea of "It's about Kids" as he is about the First Amendment.


I predict another resignation will be in the cards soon. And when it happens, the wind will blow a little sweeter over FCPS.

Richard Day said...

February 9, 2011 5:12 PM: Touche.

February 9, 2011 5:25 PM: I really don't know. The thing to do would be to compare form year to year.

Anonymous said...

I really cannot believe he made a comment on his daily communication about you, Dr. Day.

Could Mr. Kiser not be taking a swipe on someone else?

Richard Day said...

February 9, 2011 9:20 PM: I don't really know but it occurs to me he might have cause to feel that way. Of course John knows I spent a few years on the front lines. Either way, I think it's funny.

Anonymous said...

Keeping Kiser is another nail in the coffin of the Silberman tenure.

I urge all to read Jim Waters' excellent criticisms of both Berman and Silberman into today's Herald -Leader. I'm shocked (and elated) the newspaper chose to print it.

Anonymous said...

Believe me Mr. Kiser took a swing at Dr. Day, he just didn't believe he would swing back.Mr. Kiser was just trying to intimidate the bus drivers and monitors by publishing that to make them aware that he knows about the blogger but this time it won't work.

Anonymous said...

Dear Richard,

is it true that the police officer Stu wanted fired for suing "excess force" at Dunbar High School also hired Brenda Allen to represent him?

Anonymous said...

How much does Mr. Kiser make and as taxpayers, why are we paying him to write this kind of drivel and print it? Doesn't sound like a legitimate business activity to me. This is ridiculous!!!

Anonymous said...

Everyone must certainly sense that Mr. Kiser will be gone soon. These last desparate measures are proof that it is time for him to go.

Stu's last desperate measure was his memo to principals saying that our district must do more to help black male students. This after the news broke that there was a lawsuit by teacher of the year Roaslind Hurley Richards, whom he had wrongfully suspended.

Let's hope Mr. Kiser won't behave like the president of Egypt and set up a timetable for his exit!

Anonymous said...

Does the 95% have a caveat that it's graded on a curve?

Anonymous said...

I am puzzled that the original questions have not been answered, do you know why Richard; doing the big snow day two weeks ago, could the buses be called back via radio, are the bus drivers trained in the ice and snow or doing the summer months, this question has totally been ignored, the public has the right to know.

Anonymous said...

This type of drivel is printed weekly, as a matter of fact the stabs at the "blogger" was manner compared to his normal comments. You see, this 'weekly events' is Kiser's way of making personal comments that are usually condescending and belitting primarily towards anyone that has made a mistake. Most of the time it is so negative, that the staff choices not to feed into the negativity,so they don't read it. Is anyone going to check on or investigate the moral, central office won't,"public" will you Help? Help? Help?

Anonymous said...

Board of Education 101

Help me out here. What role does the Fayette County Board of Education play in personnel matters? Can they make a recommendation regarding the firing of a school employee?

Richard Day said...

Thanks for the comments y’all.
February 10, 2011 7:45 AM: Well…I am NOT a fan of Jim Waters and generally believe that all BIPPS stuff should come with a warning label. He mixes fact and error in equal measure in order to push a predetermined agenda. While he’s always wrong about something in each piece he writes, he never wrong about everything. For example, he complains about the lack of evaluation of superintendents, uses Berman as an example, but then fails to tell his readers that the Jefferson County Board did not renew his contract – the ultimate evaluation.
February 10, 2011 5:24 PM: I suppose I should thank Kiser. New readership is up 53.74% this month. I believe the bus drivers have discovered KSN&C.
February 10, 2011 10:12 PM: I don’t know about the case or if Allen is representing…. Sorry. If she is, at some point, if it goes public, KSN&C will pick it up and we can see what the issues are.
February 10, 2011 10:37 PM: I don’t know Kiser’s salary, but you might want to see if he’s listed on the Herald-Leader’s public information page @ Kentucky.com.
February 11, 2011 7:43 AM: …you mean like hundreds of bus drivers rallying at Liberty Road? H-l would take a picture of that.
February 11, 2011 9:27 AM: The caveat is that it was off that top of my head.
February 11, 2011 5:51 PM: As for the big questions: I am told that all buses have radios now. If that’s true, then one supposes that buses could be called back. But consider – that would mean that some drivers would have to return students to their homes, where parents may have already left for work and children might not be able to get back into their homes. I can understand the strong reluctance to try that. Screw up with one child and it’s really bad.
As for training drivers to drive in ice and snow, I seriously doubt that’s true. So far as I know, training has always occurred in the summer. We would have known if large truckloads of snow we hauled into Lexington during July for driver training. But ask the drivers. They know what’s true.
February 11, 2011 6:34 PM: There is no place for personal comments that are condescending or belittling in a district communication. I do know that some board members are aware of the morale problems. One member expressed his surprise that it was as bad as it seems to be.
February 11, 2011 9:09 PM: The Fayette Co Board has NO ROLE in personnel matters with one big exception – the superintendent.

Anonymous said...

Busdrivers of Fayette County, unite! You have nothing to lose but your chains.....

It really would be a good photo- op if we all demonstrated! I still say thet Herald -Leader would not print the article or the picture of your demonstration.

Instead, it would print a photograph showing Stu in the hall of a middle school, hunched down on all fours, helping a open the locker of one of his beloved students.

The article would read, "Unceratin Future for Fayette County Schools." Then, "For purely unselfish reasons, Stu Silberman came to Lexington seven years ago. Today, more than seven years later, Stu still lives by the motto I's About Kids."

Anonymous said...

They had school in Fayette County twice this week when roads were slick. That makes me think Stu doesn't care about the kids safety now that he is leaving

Anonymous said...

If I were Stu Silberman, I would never align myself with the Transportation department. it will surely come back to bite him. Mary Browning too! But, they've been told of LOTS of problems and chose to turn their heads. If you are not part of the solution, you are part of the problem. They will all fall like dominoes!!!

Anonymous said...

The selection process for supervisors in transportation
is a joke I've seen a bus driver
with no college degree get every high paying job she applied for
and now after all these years
they are going to look into
improper use of a vehicle I would like to know why she got those jobs?

Anonymous said...

John Kiser has weathered some tough situations before and came out on top we'll see what happens
this time to him and the administrator illegally using a
district vehicle for years

Anonymous said...

Stu has done a lot for transportation, he put a monitor on every bus, raised the drivers and monitors up a grade and John Kiser is the one that asked him to do this to try and make your job easier

Anonymous said...

Stu doesn't care about Transportation or Kiser....He's more concerned about hanging out at Bracktown Baptist or looking for a good photo opportunity. Right now all he wants to do, with Richard Day's help if he writes the article, is go down in history as the best superintendent in FCPS. Stu willbe portrayed as the man who did the right thing even though the Courts did not support him.

Anonymous said...

Richard tell the board member the moral is poor, drivers, monitors, supervisors, mechanics, dispatchers are all crying the blues. Everyone is tired of the poor leadership, from the top down. Even the managers directly under Kiser are complaining,(not sure why, they are also part of the problem).

Anonymous said...

Richard, I am a monitor, I'm evaluated monthly by my bus driver. The driver is not my supervisor, they are in charge of the bus only, should I not be able to evaluate their driving ability, sometimes they do some scary things. As a matter of fact, why can't the employees evaluate the supervisors, managers, and the director, why are they off limits? If you really want to know what's happening in transportation make this happen, you and the board member will be taken back.

Anonymous said...

The reason your percentage of reader is up, and it will continue, is because there was no form to alert the public to the behind the door activities, thanks Richard you are what is needed as a mouthpiece, no one else listens.

Anonymous said...

Thank for the blog! I agree with the wonderful comment at 10:56 AM. This blog has given all of us a mouthpiece. Now people are starting to listen...

I don't think it is too simple to say that this blog brought down a superintendent. Now this teacher says it's time for the board members to understand that our FCPS drivers need respect and are not getting it.

Mr. Kiser must go.

The next Board of Education must allow teachers and drivers and paras to evaluate their superiors on a regular basis.

Anonymous said...

MR. KISER AND STEVE LANE CARE NOTHING FOR THEIR EMPLOYEES OR THE KIDS. THEY WILL FIRE A BUS DRIVER FOR SCRATCHING THE BUS . BUT U LET A DRIVER LEAVE A CHILD OUTSIDE IN A SNOWSTORM AND THE DRIVER IS NOT AT FAULT IS THE DRIVER. PARENTS DRIVE YOUR KIDS TO SCHOOL FOR STU AND JOHN AND NR. KISER ONLY CARE FOR THE MONEY

Anonymous said...

AS A TAXPAYER IT SICKENS ME TO HEAR
THAT A SUPERVISOR OF ANY KIND IS
WASTING DOLLARS ON PRINTING THIS KIND OF GARBAGE IT SOUNDS LIKE BULLYING TO ME IS JOHN KISER A BULLY?