001I'd like to turn it over to attorney uh Sarah Gleason. >> Thank you, Deb. Uh good afternoon, everyone. We're here today to consider a grievance brought by um a custodian, Mr. Thomas Simono, who is on the call um and also local 1303-110 of Council for ASME. So, the union that represents Mr. Simonaro. Um the purpose of this hearing is to give both the union and the administration a full and fair opportunity to be heard. Uh the board will first consider the evidentiary portion of the grievance hearing. Um that portion is going to be held in open session as we are in right now in accordance with the Freedom of Information Act. And then after the evidentiary portion of the hearing, the board will recess into a non-meating for the purpose of conducting deliberations regarding the
002grievance. Um once those deliberations are complete, the board will reconvene in open session to vote on the disposition of the grievance. Um the evidentiary portion will proceed as follows. First, the association will be invited to offer general evidence and arguments related to the grievance. After the association completes its presentation, the superintendent will present the administration's arguments. Um and then the parties will each have an opportunity for rebuttal if they so request. um board members and I may ask questions of the parties after their presentations and I'll make sure to note when that opportunity arises. Um and just prior to the presentations, I'm going to ask that all board members present and anyone appearing on behalf of the administration or the association identify themselves by name and title. And since we're virtual and not kind of
003in a in a room together, I'll just kind of make it easy by going um around. I'll just say each person's first name and then if they can identify themselves for the record um so that we have it. I'll start with um the board members that are in attendance. Um Lisa, do you want to go first? You're muted, Lisa. >> Um good afternoon. I'm Lisa Lu. >> Thank you. Uh Nicole. >> Hi everyone. I'm Nicole Wallik. >> Thank you, David. >> Hello, everybody. I'm David Felton. >> Sharon, >> sorry, I I was having a bit of a technology issue there, too. Uh, this is Sharon Ferraro. >> Thank you. Um, and then Deb, I'll let you introduce yourself again for the record. Hi, I'm Deborah Low. >> Are there any board members that I missed?
004>> Okay, we'll move on to um the administration, Erica. >> Good afternoon, Erica Fory. >> Phil, >> good afternoon everyone. Uh Phil Cross. Um, just on a separate note, I'm not seeing Tommy or Tommy's phone on the panelist section. I'm not quite sure if he's able to hear us if he's not on as join as a panelist. >> Oh, thank you. Do we know what happened? >> I just see he popped off and I think he's rejoining again. >> Okay, >> now he's back. >> Can you hear me? >> Yes, we can. Yes. >> Can you see me? Because I I'm not sure. >> Yes, we can see you now. Okay. Thank you. >> Thank you, Mr. Seminar. We were just going through with introductions of who's on the call. >> Hear everything. I just
005I was having a hard time uh getting into the meeting. >> No problem. >> Okay, perfect. Well, I'm glad you're here. Now, I'll have uh Julie finish with the introduction for the administration. >> Hi, good afternoon everyone. Juliet Gibon >> and then um Rob and Mr. Simar, I'll let you introduce yourselves. >> Uh I'm Rob Montto. I'm with council 4 of ASME. >> And I'm Thomas Seoero, um, custodian at Western Middle School. >> Thank you. And I'm Sarah Gleason, council for the board of education from Shipment and Goodwin. Um, and then we have Jod as well on the call. Don't want to forget her. Um, so I think that that was everybody. So, thank you very much. And as I said in that kind of opening, we will start um with the administr I'm sorry
006with the um association and the association is invited to present any relevant information that it wishes to share and then board members you'll have an opportunity to ask questions um after they do their presentation. So I'll turn it over to um Rob and and Thomas. >> All right. So, the union's contention, and Tommy will fill you in, is the uh employee has an accepted workers comp injury, and Tommy will will tell you his his process that got him up to this point. Um, so I was injured um coming home from work after shoveling and I had a bunch of injuries that required surgeries, multiple surgeries, physical therapy. Um each one of those surgeries required um a healing process, physical therapy, um and a bunch of other things in between. So I am still um I
007haven't reached my maximum medical improvement yet and I'm still being treated by a doctor and I'm going through the process still. Um, and I feel um, like, you know, I I I've been there 22 years, so I didn't plan on this happening, and I I just want, you know, I feel like I I'm not getting, you know, a fair treatment by being terminated without reaching my maximum you know, capacity of of healing yet. Um, so that's basically, you know, what's going on. And and I just had a surgery a few weeks, you know, six or eight weeks ago. I'm in physical therapy. Um, and you know somewhere down the line I I never asked for indefinite time. I just asked to, you know, go through the process of healing and, you know, being having a
008doctor tell me, you know, if a doctor tells me that he doesn't recommend that I should do this anymore, then it's something that I'm willing to accept and move on. But, you know, me being terminated, you know, while I'm still being treated, um, I feel like I I'm I haven't been given a a chance. And you know, like I've said in the past meetings, you know, I've been I've been there for for the school district, you know, 22 years for everything that they've ever needed through pandemics, through storms, you know, I've never said no, you know, and I I'm not just a custodian there. I'm I feel like I'm part of that community. I know a lot of parents, all the police officers and and the kids and you know, that job was my life.
009And so, you know, I I I offered to, you know, I I seen one of the doctors that >> I'm sorry, Tommy, may I interrupt for just one moment. Sarah De got kicked off her internet and she asked if we could just pause for a few minutes. She's actually going to be coming over to the office here. She lives just a few minutes away so that she could have more of a stable connection to be able to continue and hear what's going on. Would we be able to do that? >> Yeah. Rob or um Tommy, do you have any objection to that just so that she can hear everything that Tommy has to say? >> I I don't Yeah, that's fine. >> Okay. So, we'll just pause for a few minutes because I know she
010wants to hear what you're about to say, Mr. >> Thank you. >> I apologize for interrupting. I'm going to put myself on mute for a moment. >> Thank you. Sarah, I'm going to run out to my car. I'm at a client. I'm going to run out to my car and get a bottle of water. So, I'll be back. >> Okay. Thank you. >> I put a notification up on my screen so people who are viewing will know that we're in recess for a few minutes. Jody, uh, do we have I'm gonna just run to my car for a few minutes, but do we have like a rough idea? Can we just Are we planning to like reconvene at 2:25? Like, is that enough? Um, >> it it shouldn't take her that long to get here,
011but I won't start without you. >> Okay, thanks. >> I mentioned the parking lot's two miles away. >> It's not, but just checking. All right, be back. I'll be right back. Jody, just so you know, I'm having a difficult time with the uh Google Meet at Google and I just are not friends and uh I'm trying to get it. It won't go in Safari. It won't go in Chrome. It won't go in Google. So, I don't quite know what to do on that one for the break or for the session. >> Well, it's okay. I can start hosting that one because this is a non-meating and then I will just drop off. >> Okay. Thank you. I appreciate it. Yeah. >> Thanks. >> Mhm. Okay, everyone. We're just waiting now for David Felton to come
012back online and Erica and Deb will be ready. >> Think we have David. So, >> I'm >> okay. Erica and Deb, are you ready? >> We are ready. Can you hear us? Okay, >> Deb is here. >> Sarah, handing it back to you. >> Okay, thank you guys. Thank you for that brief recess. And uh Mr. Simonaro, I'm sorry we kind of interrupted you and what you were uh relating to the board, but I'll hand it back over to you to kind of continue with your information you wanted to share. >> Yes, I'm I apologize for my voice. It just I'm a little emotional over this and it's a little tough for me. spent almost half my life on that campus and uh you know I've been a lead person almost the whole time that
013I've worked there and I'm very familiar with the process of the schools everything that goes on and I offered to come in and do light duty whatever whatever was possible if I have to watch a security screen if I have to help sec the secretaries, you know, something to be, you know, to keep my my place, you know, for the school and to help out the school during this this process. You know, it's just been really tough for me. Um, like I said, I I I had multiple injuries from this and you know, it's been a rough time and and I'm not a person that plays games. I I take my job serious, you know, and it's just uh it's really tough hearing those words that, you know, we we we don't we can't use
014you anymore. And I I never asked, you know, for inde you know, an indefinite time of, you know, for you to hold my job. It's just I haven't been, you know, medically, you know, cleared yet. I'm still in treatment. And you know, like I said, I I don't it's very hard to process for me. Um, you know, that place was my life and it's it's I love it's what I love doing. And when I got hired, I was a young man and and you know, I was asked if I was just coming there to get a check and leave. We're looking for lifers. And I, you know, I I told them, you know what, that's me. you know, I was always a team player and always part of the front end and um so I
015just want, you know, I want to have a chance to to be able to to finish my the process that I'm going through. You know, I I I've like I said, I I you know, it's very hard for me right now to to describe the way I feel over this situation because I've been there half my life. I'm 53. I've been there 22 years. So, you know, and and proudly and and you know, I have all good reviews and like I said, it's it's a small community and and from the seniors on, you know, the senior center and on up, you know, I know a lot of people in town and and I was always on the front line no matter what. You know, if someone ever came to that school to do harm to
016anyone, I I'm not one to run away from the fire. I run towards it and always have and always will. And everyone knows that about me there. So I just I feel like, you know, every time I've ever been asked and and I've been needed, I've been there. And you know, it's like I I need I need the school to be there for me now. And I I feel like I don't have the same. And it's it's really tough. It's a tough one to to swallow and you know so it's it's uh that's basically what I'm going through right now and and I'm in physical therapy, you know, I'm I'm I'm going through this process and trying my hardest. If I could snap my fingers and have take it all away, I lost two years
017of my life. I don't know where it went, you know. It's it's uh you know I would have much rather been working you know I I I in 2022 or 23 I we had a lockdown in there and and it was a drill and the kids were playing around with the with shades and the teacher couldn't get the shade down and when I got called to the room and pulled the shade I I had a a 25 pound steel beam hit me in the back of the head and split my head open where I passed out on the ground and they picked me up and I returned to work in two days. You know, if I was some kind of game player, you know, or or someone that takes advantage of the system, you know,
018that that would have been the time to do so. So this is not a game for me. You know, my health is involved and you know, I I just I never thought in a million years that this would have happened to me. And I never thought that I would be dismissed, you know, without, you know, being able to, you know, go through the process. You know, it seems like a long time to everyone, but you know, for five months, I had to wear a steel cage around my back and body and couldn't move or leave the house. I I fractured vertebraes and and and tore rotator cuffs. And each one of those things required attention. And and so, you know, the time the time to me is, you know, I I lost track of days
019and time. It's been like the Twilight Zone to me. So, you know, as it may seem long to the school and I understand that they have a a building and operations to run and all that, but I I never asked for, you know, indefinite time, you know, I just asked to heal up. And you know, when I seen your doctor, he told me that I could I could do light duty and as long as it's under the the restrictions of of lifting and unfortunately, I know that custodians don't have light duty. But I I'm capable of doing anything, you know, and and is willing, but I was told no. So, I just, you know, at this point, I really don't what don't know what to do. But I definitely know that I I want to
020continue working. I'm I'm I'm too young to retire and I'm I'm I'm too old to start at the bottom somewhere and I don't want to, you know, that I love that place. I love that town and you know, it's it's uh it's basically where I'm at right now. And and like I said before, I've told you in the past meetings that you know when this is over, if the doctor says, "Look, Tom, I don't I don't think it's a good idea that you should do this anymore, then sadly I'm going to have to to accept that. But I haven't been told that. you know, I'm going through this process and, you know, it's I wanna I wanna I want to be able to finish and and I want to be healthy and come back and
021I and I plan on it, you know, and I just feel like that, you know, because I haven't been giving, you know, you asked me when I'm going to return and I can't just make up a date and say, "Hey, uh, you know, a couple of weeks because I haven't been given that by by a doctor, by your doctor, by by the the treating doctor that I'm seeing. So, it's basically in their hands. And, you know, and and that's that's where I'm at right now. I'm kind of at that at that stage where, you know, as soon as they say yes or no, I I'm I'm ready. You know, I just uh want to be given that chance and it's all I can ask for. You know, I I appreciate, you know, you guys listening
022and allowing me to to explain my situation and and um you know, I just hope that somebody will reconsider and that, you know, I'll be given a you know, a fair chance to to prove myself. Like I said, you know, if if secretaries need help folding papers and whatever they need, you know, I I I'll do it, but I don't want to be shut out like that. I I never turn my back on that place ever. And I I I just, you know, it's my job. It's all I know. And without it, I I don't know what to do. So this has not been easy for me you know and the timing of all these meetings and everything right before surgery right before after surgery you know it's it's been tough you know so that's
023that's that's basically it you know that's that's all I have to say really and I I I really appreciate and thank you giving me the opportunity to to try to explain myself. It's a little tough for me right now cuz I said I'm emotional over this and you know I'm do trying my best to convey you know the situation, you know, that's that's it. >> All right. Thank you, Mr. Simonaro. I appreciate you going through all of that with the board. Rob, do you have anything you want to add before we wrap up your portion? I think you're muted, but >> the only thing I'll add is there again I I don't we don't have any contractual language that says the person has to return. I agree with Tommy. He never asked for unlimited unpaid
024leave. He's asked to to reach maximum medical improvement. But you know, when we get the letters back that that state he's asking for indefinite leave, he isn't. And I agree with him. Any answer he gives you outside of a doctor, it would be a lie. Only the doctor can say when he can go back to work. I mean, we're not qualified to even know what his injury is. None of us are. That's why we send him to doctors. And and you guys are free to send him. You have contractual language. Doesn't limit you to send them only once. You could send them multiple times. He's willing to go to any physician you send them to. There, as as he's has stated to me, he has nothing to hide on this. So, you know, he's willing
025to do anything, light duty, whatever he has to do. Go to your doctors. It's just I mean, I don't have to rehash it. You heard what he said. He just he feels like no one's giving him a shot here. Thank you. Um, at this time, if the board members have any questions for Mr. Seminar or for um Robin the association. Feel free to ask those. >> Hi um Mr. Seminaro, thank you for being here this afternoon and thank you for your service to the Weston schools. Um I if you're willing to share, can you share anything more specific about what medical advice or medical diagnosis or medical prognosis um that you've had uh in a in the fairly recent past that you can update us with? >> And again, only only to the extent that
026you're willing to share that. Well, I had a metal plate put in my neck and um I've been going to to physical therapy for that because my neck is extremely there's no motion to it. You know, that plate is kind of restricting me and they're they're trying to get some type of motion back. And I have a herniated uh disc in my lower back that I just had an epidural for um two days ago. And um so at the moment I'm in physical therapy and I'm hoping that this is the last leg of of this process. Um, but you know, that's that's basically medically where I'm at right now. Um, you know, I'm I still have restrictions on on lifting and um and uh you know, I'm still temporary totally disabled is what they're calling
027it when you know the doctors. But um I'm hoping to have that that terminology changed um sooner the better. I just I'm just following their orders. You know, I'm I'm I'm going through this process. And like I said, I I had a full torn uh labum and rotator cuff repair. I had spinal fluid leaking out of my nose. I had to have a CSF leak repair. I I just I had it, you know, I got hurt really bad. So, it's been a long road and and but I'm tough. And like I said, I've always said from the beginning that if they tell me I can't do it, then I you know, I'm not going to lie to anyone myself, you guys, anyone. I'll just have to take it the way it is and and not
028do it. But I don't give up like that, you know. I I I'm I'm I'm just, you know, I'm not like that. I'm a fighter and and you know, I just want I want my fair chance. You know, I've I've I I came into that school during a pandemic when everyone stayed home when when I didn't know if I was going to bring something home and kill my family. You know, I came in and wiped the walls and and gave the children back all their stuff and labeled it and ABCDed it while they lined up outside to come get it during every storm. Every storm Sandy, you know, put set up for the the the you know, the soldiers that were in there, you know, like I I I I could I could sit here
029for an hour and go down a list, but you know, it's my job and I like I love my job. So, you know, it's not like there's not other people that that are in the same boat as me as far as, you know, their job ethics and and and what they do for the school, but this is about me, you know, and I've seen in the past, I've seen the board give people opportunities and chances there that they haven't been there as long as me. They haven't done what I've done and they haven't been honest either. They've been some of them been, you know, caught stealing and put in prison and, you know, stuff like, you know, some people have gotten a lot of passes in there that didn't deserve it. And I feel like,
030you know, me with a clean slate is not, you know, I'm not getting, you know, I'm not getting the same treatment and I'm confused over it because I'm not a stranger there. You know, I know there's a lot of new people there, >> but you know, like Lisa hired me, you know, 20some years ago and no matter how she left, good, bad, or whatever, I don't know that situation, but everyone knows me there. the cops, the paramedics, the the towns workers, parents, I mean, you name it. Um, you know, and I've always been there to extend my hand. And and like I said, I I I never somehow in that terminology, you know, the the word indefinite got put in there and and I never asked for that. I never said, "Hey, Rob, I need
031forever time to to to come back. I just need whatever time it's it's going to take and you know it's just I've had a lot of stuff happen to me. So I I'm I'm I'm hoping and praying that I'm on the tail end of this. Um but it just seemed you know it was you know I don't know who who makes the decisions on that but you know they're quick to quick to do so. for me for some reason and it's it's uh confusing because I have a good record there, you know, and and you know, I treated that place like it was my home. I protected things and I protected, you know, I did everything I was ever asked to do. I went above and beyond for everyone, you know, and and I just
032need that to I need that right now, you know. It's it's very hard for me to go through this healing process knowing that, you know, the place that I that I reported to every day. I I I I would come in 50 minutes early on my own time, you know, and and never charged for it. just come in on my own time and and start working as soon as I walk in the door, you know, and then punch in at my the time that I'm supposed to punch in. And I've did that for 15 16 years, you know. I've given that place a lot, you know, and and I just, you know, this hasn't been a fun thing for me. I'm not out like, you know, celebrating and having fun. My life has been changed
033for the past few years and and everything from relationships to just my family, you know, like they don't like seeing me like this, but it happened and I can't take it back. I wish I could >> and sad because there's a lot of changes there. There's a lot of new board me. There's a lot of new people and they don't know me. So, whoever is feeding whatever being fed to them, it's sad because I'm I'm people like me don't come come around too much, you know. I'm very loyal and and and you know, very honest and that's hard to find, you know. It's hard to find someone that that truly cares and cares about the people in the community, you know, and and like I said, if anyone was ever to come to that school
034to try to hurt anyone or those kids or anyone, I never would was the one to back down. I would go out. I would go outside before the security guards would, you know, and and I just feel, you know, I would have put my life on the line to protect those people there. And and you know, I need help right now. I I need I need someone to give me a chance. And and I don't know why this is happening or who's doing it to me, you know? I don't know if it's personal. I don't know what's going on, but it just doesn't feel right. It doesn't feel right. My my my reputation and my my records and my my, you know, everything it just doesn't match up, right? You know, so >> I I
035appreciate um your your added um comments. So, thank you. My questions are answered. Thank you. >> You're welcome. >> Nicole, do you want to have a question? >> Um, hi. Thank you for speaking today. I just am wondering, you mentioned that there are a lot of different types of jobs and tasks that you've offered to do. Um, have you received any type of indication or communication from your pro doctors and medical providers that said you can go back to do any type of work with some kind of accommodation? >> Uh, I was told that I could go back on light duty as long as it's under a 10 pound um weight restriction. Um and you know unfortunately that my position requires you know it's heavy lifting it's shoveling it's but I'm very familiar with the
036process of you know the sec I I worked with everyone you know every every department in there that ever needed a hand from me and whatever I've done it you know so I can do you know I can aid secretaries. Uh, you know, I can watch a monitor for the security guards. I can, you know, I can do stuff like that. I was security when I first started working there. And then it then they required you to be, you know, have five years of police training and stuff like that. But before that, I was security guard for a year and a half. And they allowed us to work as custodians during the summer. And they liked what I did and offered me a position at Herba. and I was at Herbut for, you know, 10
037years and then the rest of my time at in the middle school. So, I mean, I'm familiar with the whole campus. It doesn't have to be in that school. You know, I could deliver mail. I could, you know, I I don't and I and I never not offered to do so. I just wasn't given the opportunity. And you know, I want to still be productive to the, you know, to the school. I I want to, you know, I want to have a chance to have my job. I worked hard. I started I was making 1157 an hour when I first started working there. I worked hard to get where I to to get where I got to. And you know, no one expects to to have what happened happen to me and no one would
038want that to happen. So, it's it's something that, you know, could happen to anyone in everyday life. And and then and then in the snap of a finger, everything's gone. And I just, you know, I never planned on working anywhere else. you know, I I've I've carried myself in that district to to spend my life there and finish my my life and my career there and and again, like I said, you know, it seems like a long time to some, but they have no idea what happened to me then if they think it's, you know, there's some game being played here because there's not. I I apologize if I missed it from this from district leadership, but did you ever give the district a letter stating what you would be allowed to return to work
039to do and what the accommodations would need to be? um they are given to the um the workers comp adjuster and during these meetings um whenever I get my paperwork like when I I went to go see the school's doctor a few maybe a half a year ago it was before you know one of my surgeries and he told me that he felt like I could go back on light duty And so they were aware of that during that situation. But again, you know, my position doesn't doesn't have it. But, you know, like I said, I I can do other things. I'm um you know, I'm very well aware of of how the whole school runs and the process of everything because I was involved in everything. So, I I have a quick question for
040you. First of all, thank you for coming today and for being so candid with us. I appreciate it. And in your 22 years with the district as well. Um you mentioned that you've had to have multiple surgeries. Is this all stemming from a single if you care to share this with us? Is this all stemming from a single incident or were there multiple incidents that required multiple surgeries? That's that's my first question. And the second question is working with your doctors, have you been given any sort of a prognosis? Clearly, you're not nobody has a magic wand. You're not able to tell that there's going to be a timeline that you know specifically, but are the doctors um confident that you're going to have a complete recovery so you can um return to work in
041the capacity that you were before. Um the first question is it's all stems from one accident and the second one is um that's what we're that's what they're working towards. I I just like 8 to nine weeks ago I just had a plate put in my neck. So I'm I'm you know going through the process of you know like my mobility and the way I can move my neck is a little tough and stiff. So, you know, I they have to make sure that when I go back, it's it's under full capacity because, you know, it's a it's a very aggressive job and and >> you know, these buildings are are giant and they're being run on a skeleton crew. So, everyone has the job of three people in there. And so, it's it's aggressive.
042you know, you don't get, you know, I I it's not like I'm going to say, "Hey, can you come give me a hand?" The I I was I would work in there from 6:00 in the morning and my partner wouldn't come in till 12:30. So, that means I'm I'm taking care of the needs of 700 people. Plus, how many other people are in that middle school? every spill, every requirement that's needed, every locker jam, every delivery, anything that requires something from from my department and more. I, you know, they would use they use custodians to to direct traffic when, you know, when security guards aren't there and some of them do it just because it's part of the, you know, the job. Um, so >> but but some of the some of the heavy lifting
043and things like that with a plate in your neck, is it are are the doctors confident that that you'll be able to return to full duty with a with a because that's a pretty invasive surgery. It sounds like to me I'm I'm no medical professional. Um, so >> and that's the plan. you know, I'm in physical therapy for it right now and I'm, you know, they're they're obviously they're going to build me up with with the weights and see what I can handle. And I haven't been put through the whole process yet to find out because I had a torn rotator cuff, fully torn rotator cuff, and labum repair that put me in a sling for months. And so each of these surgeries required you know time in between to heal and then physical therapy
044and you know so it was like body part by body part and you know it just you know these things they don't take they take weeks and weeks to you know for recovery and like I said the first the first four months I wore a cage around my body from my neck down to my hips and couldn't leave the house. I had to shower, sleep in it, and and so that that ate up almost a half a year of of my time, you know, and then as soon as that came off, I had to have a a a CSF leak repair, you know, and you know, it cut my ear and went in my head and patched the spinal fluid leak and that took time to recover. And then after that I I had to
045get that labum repair and and rotator cuff and and that held me up and then physical therapy for that and then the plate in the neck and you know so it's it's you know it's a bunch of surgeries that you know kind of I know it seems like a long time but you know I'm hoping that I'm coming down to the end of it you and and that's what it seems like. Um, >> okay. Thank you. I I appreciate, like I said, I appreciate you being so candid with us. So, thank you for that. I got the answers. >> Great. No problem. You're welcome. >> Are there any other questions by board members? >> I don't have any questions, but I just want to let you know I've heard everything that you said and I
046appreciate most importantly the time and your commitment to Western public schools. >> Thank you so much. Thank you. Um, so with that, we'll turn to the administration and allow the administration to present relevant information to the board. >> Hi, good afternoon. This is Erica Fory, uh, superintendent. Um, first, uh, Mr. Seminaro, I just want to thank you for your years of service. I know we never had the opportunity to work together. Um, but I really appreciate your dedication and your commitment uh to the Western Public Schools student, staff, community members, and families alike. Um my portion of the presentation is going to be pretty factual and to the point relative to a timeline and just um the information specific to the timeline and um engagements with Mr. Seminaro. So I'll start with a little bit
047of background. Uh Mr. Seminaro sustained a a work-related injury on January 7th, and has not been able to return to work since that day. Uh his contractual workers compensation supplement expired on June 30th, 2024. Um and he at that time did not qualify for FMLA due to insufficient hours worked in the preceding 12 months. However, um the district recognized the really unfortunate nature of what occurred and what he was going through. So, the district granted Mr. Seminar over one full year of unpaid leave, which extended the time well beyond the contractual and statutory obligations. Uh an independent medical examination happened on May 6th, 2025. Um, and it confirmed that Mr. Seminaro remained medically unable to perform his custodial duties. Um, and there was no um date that could be identified um for an anticipated return
048to work. Um, the district engaged prior to me coming and after in several meetings and interactive engagements with Mr. Seminaro. Um throughout this time an ADA and accommodation meeting was held on August 5th, 2025. Um at this meeting the district met with Mr. Seminaro and his union representative to discuss his uh inability to perform essential job functions related to the custodian role and to explore ADA accommodations. Um at this meeting there was no uh date identified for a return to work. Um, and at that time the accommodation was an indefinite unpaid leave of absence which is not considered reasonable under ADA. On September 18th, a louder mill hearing was held. The meeting was held virtually um at Mr. Seminaro's request and provided him an additional opportunity to present any new information or any updates um
049based on his um medical attention um and treatment. He confirmed in this meeting that he was still not um able to return and was medically restricted. Um and so the district reviewed the exhaustion of of all statutory and contractual leave and also looked at the operational needs um of the staff for essential custodial roles um based on more than 20 months of absence. the the and the un inability to uh receive an effective return to work date and the unavailability of any reasonable accommodation that would allow Mr. Seminaro to resume um essential duties. The the district terminated Mr. Seminar's employment on October 3rd, 2025. Um and again this decision was made only after exhausting all the required contractual and leave provisions that are required by law, engaging in the ADA interactive process with Mr. Seminaro.
050um providing opportunities for updates um and and progress throughout his medical journey and also um considering the district's operational needs related to custodial functions at the middle school. The district acknowledged his 22 years of service and made the decision with respect for his long-standing contributions. Um, on October 6, 2025, um, a grievance was filed by the union on Mr. Seminaro's behalf. Excuse me. A step two grievance meeting was held on October 29th, 2025. During uh the meeting, the union argued that the district could have required additional medical examinations and that the CBA lacks some explicit language authorizing termination after the extended leave. Um but the district responded relative to article 8 section 8.7 titled unpaid leave and grants the superintendent sole discretion to approve or deny unpaid leaves and that decisions under this section are
051not subject to the grievance procedure. um the independent medical evaluation. The district had already obtained an IME confirming the employee could not return to work and no physician uh to date has released Mr. Seminaro to duty at any point since his injury. Um and number three, that just cause exists that both under the collective bargaining agreement and ADA, employers are not required to provide indefinite leave. Um, the district did provide more than a full year of unpaid leave beyond the contractual and statutory requirements and at that point no reasonable accommodation would enable him to perform any part of the essential custodial functions. Um, on November 4th, 2025, a formal step two decision was issued to Mr. Seminaro in writing. Um, and given the extended absence and the lack of any projected return date and the
052essential nature of custodial duties, the district didn't really have any other viable alternative other than termination. Um, while acknowledging the dedication and service of Mr. Seminar over the 22 years. >> Thank you. Board members, do you have any questions for the administration? I actually do have a question. One of the things that um you had mentioned that Mr. Seminaro had um did not qualify for FMLA based upon a lack of hours in the previous year. Is that correct? >> That's correct. And I'm if you don't mind, I'm going to ask Julie to step in um to talk about the requirement necessary for FMLA in order to um access it. >> That would be great. Thanks, Julie. >> Sure. Um employees of the board employees are required to um meet a minimum number of hours worked
053within the last 12 months in order to be eligible for FMLA. Um and so it was determined that Mr. Seminaro had not met that minimum eligibility requirement. Is that um and can you tell me I mean the the minimal requirement is that based on a 40-hour week? Is it can you share that information with me? Um the minimum requirement for um federal FMLA is 1250 hours and um it's it our policy states that it's within a rolling period of 12 months and just so I can keep everything in perspective would would other custodians have um been eligible for it or is this like kind of for because it's I And it doesn't custodians aren't necessarily a seasonal job, but I would imagine that there's less hours um in the summer, but is that something that
054is a norm for for a a custodian to not um have enough hours for FMLA? >> No, it would be reasonable to expect that um someone serving in that type of role on a full-time basis would have acred the minimum number of hours for eligibility. >> Okay. Thank you. Are there any other questions from board members? Um the uh the notion of um light duty uh and other options. Um did the district pursue any of those possibilities or were there any of those possibilities? that I'll I'll start off with that. Um to be honest, I was not aware of any notice from any from medical providers that it was an option for light duties. Typically for us, if we're having someone back, we need someone back pretty much at 100% um for the duties that
055that are required. Um, I'd like to ask a question um as well with these physical issues that occurred. Did the did is there any indication that there can be a full recovery? The issues that you describe were very very serious. and you're talking about um a neck injury um and you talk about being able to return. Is the what you um receive from the doctors is there the possibility of you making a full recovery? >> Are you asking me you're asking me that question? >> Yes. >> Oh, yes, there is. I just I'm still being I'm in physical therapy right now and I have a herniated disc that I just had a epidural put into um a couple like two three days ago. Um but I haven't been told that I that I won't be
056able to work ever again or not be able to do my job ever again. I'm I'm I'm still going through the process. >> Um So, so I'm just going to um change this. I'm I'm really Julie when he was sent for a medical, was there any indication from um that doctor that he he could make full recovery from the injuries? >> I'm going to defer to Erica on that question. Well, I haven't read the de uh the specific details of the IME um from the IME there was no return to work date um provided and at this point and that point there was um a diagnosis or a a determination of um temporary total disabled. Um but there was no return to work um date or nothing specified regarding if and when he could return
057um to full duty. >> Thank you. >> David, you're muted if you're asking a question. >> Um can I Nicole, do you mind if I ask just one quick followup? So is it possible? Um it just seems strange to me that um again it's back to the qualifying for the FMLA. Is there a reason as to why there were not enough hours for him to have qualified for FMLA? Um was he has he been out on had he been out on any sort of leave prior to the year prior to his injury? >> I might be able to help answer that. Um just because the the time frame. So when it he used leave pursuant to the contract from January when he was injured until June um when that leave was exhausted pursuant to the
058contract. I think it was like six months of leave. And then at that point he if you look back as Julie mentioned the board's policy is a rolling look back. So it looks back one year from that June date. He had only been working six months of that time period. >> Okay. And so that's why um you know another custodian who maybe had not been injured would have qualified because they working a full year. >> That makes sense because I'm like this doesn't match what Thomas saying. I'm like what? >> So thank you for clarifying that. Sorry. >> Of course, >> Nicole. >> So if you if you feel comfortable sharing with us, you mentioned that you've had to have a series of surgeries and you most recently had one six weeks ago. Is that
059the last planned surgery or are there any future surgeries that remain? Um Nicole, can I just interrupt a minute? I just want to make sure we're following process. >> Uh Sarah, at this point, are we only directing >> uh questions towards the administration or can it go back uh to the employee? just for ease if there's any final questions for the administration. Let's kind of wrap that up and then we can I don't I want you to have your questions answered so then we can go back to to Mr. Seminaro and to the union, but just so that Erica and Phil and Julie can finish answering any questions that are specific to the administration. >> Okay, fair enough. All right, Nicole, if you could just hold and we'll go uh just make sure there are
060no further questions for the administration. Are there any for the administration? Okay, seeing none, I also want to give um and we can we can do questions first or we can do this but the union or the administration if you have any rebuttal both parties get an opportunity for rebuttal um but you can just answer questions instead of your rebuttal as well if that's better. I'll just let >> I I'll just if if we want to get it on record. I I don't know and I'm asking Tommy can answer this better, but did you ever apply for a leave of absence? >> I I I never did. No. >> You This is only stemming from an accepted workers comp injury. That's it. All right, Nicole, do you want to ask your question? And then if
061there's anybody else. Yeah. So, just to um if you feel comfortable sharing if if your if your future medical plan anticipates or if you expect to have another surgery or if the one that you most recently had was the last one. And you know, do you know what more is required until a change in your physical abilities? >> Um, I don't plan on having any other surgeries. I just I'm going through physical therapy right now. And so I I pray to God I don't have to have another surgery. I can't I can't, you know, it's a lot of trauma for me. So, that's um that's basically where I I sit with. Um my health as far as injuries, none that I that I'm aware of. I I just have a herniated disc in my back
062that I just got a um injection for and I'm going to PT for mobility on my neck. >> Thank you. You're welcome. >> Will will the herniated disc affect your ability to lift though? Those are very painful and I'm sorry you're experiencing that. But will that affect your ability to do the heavy lifting jobs? >> You know, that that remains to be seen. um they're hoping that this this um epidural, you know, works and um it doesn't bo, you know, have any doesn't bother me any further. So, we're kind of working on my neck and the back at the same time. Um but I'm uh you know, I'm hoping that it doesn't require anything else. Um, I want this over with more than anyone. >> I understand that. I'm recovering from rotator cuff surgery, too.
063Not fun. >> No. Any other questions? >> All right. With that, I'll I'll give the administration an opportunity for rebuttal if there is any, but you feel free to pass on if you don't have any. Um, I don't have anything. Julie, Phil, do you have anything? No. >> And then finally, before we wrap up the evidentiary portion, as I mentioned in the beginning, um, both parties do get the opportunity to give general closing remarks, I know we've already had a lot of conversation and and discussion. Um, but if there's anything either party wants to add at this point as kind of a general closing remark, um, this will be the time to do so. We'll start with the, um, association. So either Rob or Mr. Seminaro >> as far as the closing for the the
064union's perspective is again I disagree with the the the assessment that he asked for an indefinite leave as an ADA accommodation. He did not. I was at that meeting. He said he was willing to do light duty that no one would accommodate him to this point. So I disagree with that statement. >> All right. Anything else on your end? No, I'm I I appreciate you guys listening to to what I have to say and I said I love my job and I always will and I hope that you know someone will give me a chance or let me finish this process and go back to doing what I love to do. >> Thank you. Erica and the administration, do you have any final closings you want to add? >> Yes, please. >> In closing, I
065just want to get service to the Western Public Schools. I know it's been a very difficult process for him and we uh we as a district approached it with respect for his service and for the challenges he has faced. At the same time, the district does have a responsibility to evaluate the situation with the parameters of our contractual obligations, applicable laws, and the operational needs of the schools. Over the course of nearly two years, we provided all statutory and required contractual leave available to Mr. Seminaro as as well as more than one full year of additional unpaid leave beyond these lawful requirements. Um we engaged with him in an interactive process and we have afforded multiple opportunities for him to provide information updates um proposed accommodations and or uh medical documentation um from his providers.
066Despite these efforts, there still remains no medically supported return to work date. And the um again the the request is a continuation of this unpaid leave which is inconsistent with the district's obligation to maintain essential operations of our schools. Custodial services are fundamental to ensuring safe, clean and functional school facilities and and the district can't reasonably sustain an indefinite vacancy without compromising its operational responsibilities. and maintaining a safe and clean learning environment uh requires consistent staffing. Therefore, we remain grateful for Mr. Seminero's uh years of service and genuinely empathize with his circumstances, but the district must act in a manner that upholds our accountability um and service to students. >> Thank you. Um, so with that, at this time, the evidentiary portion of the hearing is closed and I'll send it over to Deb. >>
067Okay. Um, at this point, I'm going to ask for a motion to recess into a non-meating for the purpose of conducting deliberations regarding this grievance. I'd also like the motion to include the invitation to invite Phil Cross, uh, Julie Gavone, uh, Sarah Gleason, and Erica Forte into our non-me. Do I have such a motion? >> So moved. >> Thank you, Sharon. Is there a second? >> Second. >> Thank you, David. All in favor? >> I. Any opposed? Okay, we are going to go into a non-meating which means I think we have to go into a different digital space. Uh, thank everybody for your patience. This should not take more than about an hour. >> We will. >> Sorry. >> Oh, I didn't mean to interrupt. I I just want to know if we're supposed to
068leave this or just mute and video off. >> Um, no. >> Can actually log off. I'm going to keep this Zoom open and running for the remainder of people and when you're done with that other meeting, you come right back on here. >> Okay. because this is a special board of ed meeting that we're adjourning to a non-meating. I need to let people know that we anticipate this being this recess this non-meating uh being around an hour. So, in other words, we will be back. All right. So, we are now going to a non-me. Thank you. >> Thank you. So, Tommy and Rob will be back in a moment. Thank you. >> All right. Right. Hello everybody. >> They're all coming back. Jody. >> Okay. All right, everybody's popping back in. Do we need to
069let Rob know we're back or I see he's not on the call. >> No, I do not see Rob here. I do not have his number to text him. >> Um, can you hear me? >> Yes. Do you have his number to let him know that we're ready? >> I let him know and he said that he to tell you guys that he has negotiations at 4, but I told him that you just came back now. So, >> okay. >> I don't know if he's going to pop in or not. >> Okay. >> If he's unable to because of negotiations, which I understand, we can proceed without him. I mean, there's we don't need him to speak or anything and you can relay the the information to him or I can do it as well
070um after. >> So, he um he doesn't have to be to be present. >> He doesn't have to be. No, I mean we can we can tell him the outcome. The board's just going to give their their ultimate decision. Um and then, you know, it'll close down the meeting, so this should be fairly short, but we can communicate with him um afterwards. >> Okay. >> Um and I think we have a quorum of the board present. So at um I am calling the board of education special meeting back to order. Um Mr. Seminaro, thank you so much for uh speaking with us this afternoon. Um this is a really difficult situation. Uh please believe us when I say that um we honor your service and your 22 years of uh experience and and dedication to
071the Western schools. Uh the board has deliberated I think very carefully looking at the situation from all different angles considering all the evidence that we have heard this afternoon. Having said that, I'm going to ask for a motion. Um, can I motion? >> Yes. >> Moved that the board of education deny the grievance filed by Thomas Seminaro and local 1303-110 of Council 4 AFS CME AFL CIO on or around October 6th, 2025. The board of education directs Deborah Loe to confirm the board's decision to Thomas Seminarro and to the union in writing and consistent with the board's deliberations concerning this matter on or before December 26th, 2025. Okay. Thank you, Nicole. Is there a second for the motion? >> I second. >> Thank you, Lisa. Um, at this point, uh, all board members in favor
072of the motion made by Nicole, please raise your hands. Anyone opposed? All right, that makes it unanimous with the board members. Um, and that concludes um, this session. Uh, Mr. seminar. I can only imagine your disappointment. But again, please know that we very carefully considered this uh situation and we absolutely respect your years of service with the Western Public Schools and we hope if you look down the road to the future that you will look at um other opportunities that may exist within the district and we sincerely hope you give them some consideration. Is there a motion to adjourn the meeting? I so move. >> Thank you, Sharon. Is there a second? >> I second. >> Thank you, Lisa. All in favor? I >> All right. This meeting is now adjourned. Thank you. >> Thank
073you, Thomas. >> Thank you.