Antioch Unified school district’s maintenance director has sued the district for unlawful termination. In a public statement Turnage said he had filed the lawsuit after much consideration and “with a heavy heart.”
Antioch Unified school district’s maintenance director has sued the district for unlawful termination. In a public statement Turnage said he had filed the lawsuit after much consideration and “with a heavy heart.”
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ANTIOCH — Kenneth Turnage II, who served as Antioch Unified School District’s Maintenance Operations and Facilities director and was previously accused of bullying and harassing employees, filed a lawsuit against the district for wrongful suspension and dismissal.
Filed in February, Turnage also accused human resources Director Robert Martinez, the Antioch Unified School District Board of Trustees, board President Antonio Hernandez, and 10 unnamed parties in the lawsuit for false light invasion of privacy, defamation, retaliation in violation of the labor code, violation of the Reporting by School Employees of Improper Governmental Activities Act, and intentional infliction of emotional distress.
In a public statement through his attorney, Turnage said he filed the lawsuit after much consideration and “with a heavy heart.”
“My intentions in filing this lawsuit are to reveal the actual truth about my tenure with Antioch Unified School District, where last year’s media fiasco, encouraged and fueled by the School Board and District personnel, grotesquely and falsely portrayed those facts to malign my character and professional reputation,” said Turnage. “I am hopeful that the court system will provide an objective and fair process to correct these wrongs and set the record straight.”
Prior to the lawsuit, several district employees had filed numerous written complaints that Turnage had intimidated, bullied and harassed them since 2023.
District purchasing technician Kim Atkinson alleged Turnage had directed staff to use a forklift to place a coworker’s desk on the rooftop of a school building. Jim Kesser, the employee whose desk was involved in the act, had complained to Martinez’s department but was allegedly told that Turnage had done it as a joke.
In April 2024, Hernandez called for then-Superintendent Stephanie Anello’s resignation after she failed to discipline Turnage. She was terminated in August 2024.
In his 19-page lawsuit, Turnage claims that in May 2023, Martinez completed an investigation into allegations of placing the desk on the rooftop and concluded that the action was inappropriate “but not mal-intended.”
Despite the findings, Turnage said the report was “publicly and purposefully misrepresented” that he was “found to be a bully and in violation of numerous district policies” at district board meetings in 2023 and 2024 by Atkinson and her husband Brian Atkinson, a fellow district employee. Turnage claimed despite having the authority to clarify the report’s actual findings, Martinez failed to do so, allowing the “false narrative to persist.”
Turnage further claims the district retaliated against him by suspending him without pay and seeking his dismissal for “opposing such misconduct” by district employees and board trustees.
On Jan. 25, 2024, Turnage emailed Martinez and his direct supervisor Liz Robbinson to complain about the “false statements and misrepresentations” made against him and alleged that certain personnel were acting wrongfully and in concert to have him removed, the lawsuit states. Despite multiple follow-ups, Turnage claims Martinez failed to act on the complaint.
The lawsuit claims district personnel ignored the complaint process and procedures, and Hernandez and trustees Jag Lathan, Kim, and Brian Atkinson “made improper statements about private personnel matters” concerning Turnage in public comments to the board, violating his rights to privacy in his personnel records and process.
During a board meeting in October 2023, former Trustee Clyde Lewis said the board would “look into” bullying allegations that were already investigated, the lawsuit states. Turnage claims Lewis’ comment breached protocol, as board members were not supposed to respond to public comments.
The lawsuit further claims that the board allowed and “encouraged perpetuation of the false narrative” and contributed to growing public scrutiny and media coverage of the allegations against Turnage that “otherwise likely would not have occurred.”
Turnage also claims in the lawsuit that Hernandez made a few “false, disparaging, unprivileged, and defamatory” statements on a social media account between April and June 2024 about Turnage’s character and professional conduct.
On June 7, 2024, Turnage filed a formal complaint against Hernandez and Kim and Brian Atkinson. Turnage claims an outside investigation into his complaint, completed on Sept. 12, 2024, sustained allegations that Kim Atkinson had acted unprofessionally and Hernandez’s actions violated board policy. However, 11 days after the findings, the district issued a “statement of charges” signed by Martinez to suspend or dismiss Turnage as a permanent classified employee.
Turnage claims in the lawsuit that a Skelly hearing, which entitles public employees to procedural safeguards before any discipline can be imposed, was held on Oct. 15, 2024. The next day, Matt Chamberlain, a human resources administrator from Pittsburg Unified School District hired as the Skelly officer, recommended the district proceed with Turnage’s dismissal.
On Oct.16, the district suspended Turnage without pay and issued another undated statement of charges for his dismissal, signed by Martinez, the lawsuit states.
Turnage claims he and his legal team were notified about the dismissal about a week later but did not receive any notices about Chamberlain’s decision or the next school board meeting to discuss actions on his employment status, as required by California Government Code.
The lawsuit notes that the Antioch Unified School District Board of Trustees had prematurely voted on Turnage’s suspension and dismissal, adding that it must have been done during the board’s Sept. 25, 2024, meeting before Turnage was provided his Skelly rights.
The lawsuit further states that the district’s actions have caused Turnage a loss of income, emotional and physical distress, and suffering of personal and professional reputation. He is seeking compensation for backpay, retroactive restoration of benefits and other monetary and general damages.
The district, Martinez, and Hernandez did not respond to this news organization’s request for comments.