Thursday, October 07, 1999
Disciplined janitors sue school board -6 over camera
BY SHEILA McLAUGHLIN
The Cincinnati Enquirer
LEBANON — Use of a secret video camera to tape custodians slacking on the job has propelled Kings Local school board into the Warren County courts.
Two custodians, who were disciplined for taking excessive breaks last October, sued the school board this week, claiming the secret taping violated their constitutional rights.
Phyllis Brannen of Lebanon and Shauna Crawford of Oregonia also contend the district discriminated against them, giving them harsher punishment than a male janitor who also was caught on tape.
They are seeking $100,000 in punitive damages against the school board and have asked a jury to award an unspecified amount to compensate them for emotional distress and docked wages.
Mrs. Crawford, a janitor for less than three years, was suspended for 30 days, and the district refused to renew her contract last April. Ms. Brannen, also suspended for 30 days, is still employed by Kings.
“There have never been any allegations these people didn't do their work,” John Forg, the women's lawyer, said Wednesday. “It's just that the video camera caught them sitting around. The camera was improper and done for improper motives. It wasn't put in anyone else's break room,”
He said workers expected privacy in the room, where lockers were located, because it was sometimes used as an area to change clothes.
The lawsuit claims James Irvin, the custodial supervisor, installed the video cameras in retaliation for a union grievance in September 1998.
Mrs. Crawford, Ms. Brannen and custodian Lucinda Reynolds complained that Mr. Irvin had hired his wife and was showing favoritism by giving her a smaller area to clean, a personal assistant and more overtime than others.
Superintendent David Query failed to take action on the grievance, the lawsuit said.
Two weeks later, Mr. Irvin installed the video camera in the break room at Kings High School, taped custodians sitting idle for long periods and showed the tapes to Mr. Query, who disciplined the custodians, the women allege.
According to school records filed in court, Mrs. Crawford took breaks lasting from two hours to more than five hours in a seven-day period in October 1998.
Records for the same period indicate Ms. Brannen was in the break room daily for a similar amount of time.
Ms. Reynolds received a 10-day suspension, and Tony Bach, a custodian assigned to another building but caught lounging at the high school break room, was suspended for three days.
Mr. Query declined to comment.
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