SHAMOKIN - A groundskeeper for Shamokin Area School District, who lost his job three years ago for allegedly threatening his supervisor, may be re-instated after a state appeals court recently ruled in his favor.
Commonwealth Court reversed Northumberland County Judge Charles Saylor's ruling upholding Shamokin Area School Board's decision to fire groundskeeper Joseph Weaver, 65, of Shamokin, who had worked for the district for 21 years. The appeals court said Weaver's comments did not suggest he intended to harm students and his statements did not constitute terroristic threats, as alleged by district officials.
Contacted Wednesday, Shamokin Area School Board President Charles Carpenter reserved comment about the ruling by the state appeals court. Neither Shamokin Area Superintendent James Zack nor board solicitor Frank Garrigan were available for comment.
The school district has 30 days to file an appeal.
On Feb. 26, 2008, Weaver said he became upset with one of his supervisors, William Karpinski, who told him to stop performing a task and complete another job. Weaver said he called another supervisor, Daniel Richardson, to tell him to get Karpinski "off his back," but failed to properly hang up his cell phone and was overheard yelling to a co-worker about Karpinski, who has since retired from the school district.
According to court records, Weaver screamed, "I wish I could punch him right in the ... mouth. I can't do it so I'm just gonna pay somebody. I'll say, 'Here's a hundred dollars. Put a ... dusting on him.'"
Weaver, who denies threatening anyone, said Richardson, who is still employed with the district, reported his comments to Zack.
Weaver was suspended indefinitely on March 3, 2008, for allegedly threatening Karpinski. The suspension followed a pre-disciplinary hearing. Eight days later, Shamokin Area School Board fired Weaver for improper conduct.
Weaver then filed a grievance through his union, the American Federation of State, County and Municipal Employees, District Council 86, claiming he was wrongfully terminated. On Aug. 4, 2009, an arbitrator ruled that Weaver was guilty of disregarding instructions, but had been fired without just cause.
The arbitrator ruled that Weaver should receive a four-week suspension, attend anger management classes and be placed on probationary status for one year.
The school district petitioned for a review of the decision to the county court. Saylor vacated the arbitrator's award after determining Weaver's actions violated the public policy against violence in schools.
The union then appealed Saylor's ruling to Commonwealth Court.
In reversing the county court's ruling, the state appeals court found that Weaver did not violate the zero-tolerance policy against violence in schools because at no time were students at risk and though "highly inappropriate," his statements didn't rise to the level of terroristic threats.
During an interview Wednesday, Weaver said his remarks were made in frustration toward Karpinski, and at a time when Weaver was battling prostate cancer and caring for his ill mother, Helen Weaver, who passed away in 2009.
"I never made terroristic threats against anyone," Weaver said. "I didn't do anything wrong. I was just blowing off steam because I was undergoing cancer treatments and my mother was very ill. I was going through a bad time."
Weaver, who is still undergoing cancer treatment, said he lost his insurance upon being terminated. "I had no job and no insurance," he said. "I was cut to nothing. I went through six months of pure hell. I had to fight to get my job back and my retirement benefits."
Weaver, who is being represented by union attorney Amy Rosenberg of Philadelphia, claimed the district offered him $1,000 to retire after the arbitrator ruled in his favor. "They wanted me to just take the money and walk away," Weaver said. "But my attorney and I said no way. It's been a three-year battle, but I'm hoping to finally get my job back, receive back pay and eventually retire from the district."
Weaver, who also has served as a bus driver for the district, said he appreciated everyone who has supported him through his legal proceedings.