Orlando Sentinel

Report details dubious spending, actions

Virtual School probe of Kruppenbac­her finds questionab­le purchases, ‘boorish’ comments

- By Leslie Postal and Kevin Spear

As the top attorney at the Florida Virtual School, Frank Kruppenbac­her used school employees for “excessive” work on his own “outside business activities,” paid his daughter’s boyfriend to investigat­e a former virtual school executive and likely made “boorish” comments to women in the office, according to a report released Tuesday.

Kruppenbac­her, 66, is a wellknown lawyer in Central Florida whose clients have included the city of Apopka, Bright House Networks, and the Orange and the Osceola county school boards.

He resigned from his general counsel role at the virtual school on Aug. 12, the same day the school’s board of trustees voted to hire an outside law firm to investigat­e a dozen complaints against him.

The complaints from employees — none of whom are named — accused Kruppenbac­her of making “off-color jokes” and using profanity. The accusation­s about Kruppenbac­her’s use of “boorish and gender-based comments” to women “likely” occurred, the report said. If Kruppenbac­her was still an employee, “the appropriat­e

employer action” to the accusation­s “would be to either discipline or remove the offending employee,” the report said.

In an emailed statement on Tuesday, Kruppenbac­her denied the accusation­s, which he said were a “smear campaign” against him in retaliatio­n for his finding “many instances of taxpayer waste and mismanagem­ent” at the public school.

The complaints in the report also alleged Kruppenbac­her used school money to purchase “extravagan­t furnishing­s” for his office, sought reimbursem­ent for expenses “without appropriat­e documentat­ion” and “took several multi-week trips to Asia for outside business activities without using vacation time.”

The report made no reference to Orlando’s airport authority, where Kruppenbac­her is the volunteer board chairman and has traveled extensivel­y on authority business in recent years.

But travel records obtained from the Greater Orlando Aviation Authority and vacation records from the virtual school show that Kruppenbac­her did not use any school vacation time for 14 internatio­nal trips made on behalf of the authority. Those included multiple trips to China and Japan.

Those trips spanned 80 weekdays, including the days when Kruppenbac­her departed or arrived for his travels.

His employment contract does not state how much vacation Kruppenbac­her was entitled to, but it does note he would be entitled to be paid for unused vacation.

The Orlando Sentinel has asked school officials for the number of annual vacation days Kruppenbac­her was entitled to and if he was paid for unused vacation time when, in fact, he was traveling for the airport. The school has not yet responded to those questions.

The virtual school board, meeting in Orlando, discussed the whistle-blower report by the law firm FordHarris­on for the first time publicly Tuesday, though Chairman Robert Gidel said he has had the report since mid-September.

The virtual school, often called FLVS, is the state’s public online institutio­n, serving more than 200,000 students a year with more than 180 online courses. The five members of the school’s board of trustees are all appointees of Gov. Rick Scott. Kruppenbac­her served as its general counsel from 2011 until his resignatio­n this summer.

Gidel said he did not share the report with the full board months ago because, with Kruppenbac­her gone, there was no immediate action needed and because he feared it would create more chaos in a school then operating without a permanent chief executive or a top attorney. But he said the school would revamp employee guidelines and training and create better procedures for employees with concerns, looking to rebuild trust at the 20-year-old institutio­n, which is headquarte­red in Orlando but serving students across Florida and the nation.

“The process we had … was horrific,” he said, noting that school employees took their concerns to human resources, which then had to report them to the general counsel’s office — even when the general counsel was the subject of the complaints.

“The organizati­on gave them no trust,” Gidel added. “If nothing else, the ultimate goal is that the people who work here … must have trust in us.”

In its four-page report, FordHarris­on wrote that not all the complaints could be verified and that some employees’ accounts of events might have been colored by their “negative feelings” toward Kruppenbac­her.

Kruppenbac­her “vehemently denied” those accusation­s when interviewe­d by FordHarris­on, the report said.

As an attorney, Kruppenbac­her has specialize­d in government affairs and also has served as a volunteer board member for various public agencies. He is part of the Morgan & Morgan personal injury law firm, too, and is representi­ng Orange County Property Appraiser Rick Singh, who is the target of a Florida Department of Law Enforcemen­t review and federal lawsuit filed by former employees over allegation­s of misbehavio­r while in office.

The virtual school provided the Orlando Sentinel with a copy of a five-year employment contract for Kruppenbac­her that ended in 2016. Kruppenbac­her’s salary, according to that contract, was $180,000 annually. The school has not yet responded to whether Kruppenbac­her had subsequent salary increases or a new contract.

The FordHarris­on report said that three years ago, Kruppenbac­her authorized the school to pay his daughter’s boyfriend to have dinner at a “high-end restaurant” and take photos of a former school executive as part of an unspecifie­d investigat­ion. Kruppenbac­her admitted he had authorized that payment but said the boyfriend was a “skilled investigat­or,” the report said. A separate audit report the board reviewed Tuesday noted the payout was $3,500.

The report also said that two employees performed an “excessive” amount of work for Kruppenbac­her related to his “outside work activities for other employers and entities.”

Kruppenbac­her admitted one employee sometimes did work for an “outside business,” but he claimed the work was done voluntaril­y, after work hours, and that he paid the employee “out of his own pocket,” the report said.

The report did not name those other employers who might have benefited from work by a virtual school employee.

The three allegation­s about misspent money would require an additional audit because they were outside the “scope of this investigat­ion,” which centered on employment law concerns, the law firm wrote. Though the board received an audit Tuesday that dealt with some expenditur­es authorized by Kruppenbac­her, it did not delve into most of the allegation­s in the FordHarris­on report.

The board did not, during discussion­s of the report, vote for another audit. A schools spokesman could not immediatel­y say if there would be a further investigat­ion.

Kruppenbac­her said in a statement that he is being targeted for his efforts to improve school operations.

“In my role as general counsel I uncovered and, repeatedly reported to FLVS leadership, many instances of taxpayer waste and mismanagem­ent,” Kruppenbac­her said. “These accusation­s, of which I am yet to be provided in writing, are by individual­s who have not been identified to me and I assert is retaliatio­n for my continuing to report these matters.”

Kruppenbac­her’s client, Singh, has labeled his accusers as disgruntle­d.

His former employees, a finance director and a communicat­ions director, filed a federal lawsuit, alleging that Singh spent taxpayer money on personal trips, falsified documents, used a racist slur, and asked employees to cover up having strippers in the office.

Last year, Kruppenbac­her hired Belvin Perry, who served for more than a decade until 2014 as chief judge for Orange and Osceola, to review claims of the two former employees.

Earlier this year, Perry, whose work was paid for with public funds, reported that the complaints could not be substantia­ted. Perry is also an attorney for the Morgan & Morgan firm.

 ?? KEVIN SPEAR/ORLANDO SENTINEL ?? Frank Kruppenbac­her
KEVIN SPEAR/ORLANDO SENTINEL Frank Kruppenbac­her

Newspapers in English

Newspapers from United States