Westfield Teacher Fired Over Comments About His Guns

WESTFIELD, NJ — The Westfield Board of Education voted on Jan. 7 to officially terminate a longtime third grade teacher in the district who, according to their 2018 tenure charges, repeatedly made comments deemed "threatening" about owning several guns.

An arbitrator had ruled in a decision released on Dec. 16, 2019 that the district was justified in bringing tenure charges against Frank Fuzy III on Dec. 27, 2018 for referring to his guns in conversations with colleagues, and for several other matters. Fuzy was suspended in 2018.

To read the government document outlining charges and alleged comments, click here.

The investigation began two years ago when a teacher notified the superintendent of an alleged threatening comment. Hearings were held over this past summer, in which multiple staff members testified.

Fuzy, who has won teaching awards, is fighting back, having filed a federal lawsuit in September saying the school discriminated against him because he's a male, as well as a gun owner and bodybuilder. He also says he was discriminated against for having attention deficit disorder.

At the Board of Education's Jan. 7, 2020 meeting, the board voted 8-0 on a list of personnel items, including terminating Fuzy.

Superintendent Margaret Dolan said, at the meeting, "I really, completely understand that parents who have just heard about the details outlined in the arbitrator's decision are concerned." She said that she, the board, the principal, and the police shared the concerns and have taken steps to address them.

Dolan said that over the summer, some were afraid to testify in the matter, but she was glad that several "strong employees" agreed to testify. However, some of those have been named in the federal lawsuit.

The district's special labor attorney, Derlyz Gutierrez, explained at the meeting how the process works. "In New Jersey, tenure means lifetime employment," she said. "In my experience, the vast majority of 'conduct unbecoming' cases end up with arbitrators giving employees another chance rather than firing them from a lifetime position. In the case that was handled in Westfield, the arbitrator agreed with the district."

Guitierrez also thanked the employees who testified.

To hear all of Dolan and Guiterrez's comments, watch the video here (starting at 21:49).

Fuzy was a third grade teacher at the Tamaques Elementary School and has taught in the district for 23 years.

The school district alleged, according to the tenure charges, that Fuzy allegedly told other staff members "that he owns multiple guns, including an AR-15" and frequently referred to his height and weight in related conversations.

The list of charges includes several allegedly threatening comments going back to 2016. The document states that he "frequently posts about guns on social media outlets" and that "Mr. Fuzy also shows pictures of guns to staff members."

State arbitrator Joyce M. Klein wrote on Dec. 16 that even though there were colleagues and parents who supported Mr. Fuzy, and he had received good evaluations, "None of these achievements can outweigh or mitigate the impact of Mr. Fuzy's threatening statements regarding his stature and his firearms. These statements, whether made as threats or for more benign reasons, were justly viewed as threatening. The Westfield School District properly considered its obligations and responsibility to Mr. Fuzy and to the safety and security of the school community."

The document includes information stating that Fuzy was suspended four days in 2014 for allegedly throwing Post-It notes at a student. He was told to get counseling and a corrective action plan was instituted to "address anger management issues."

The document details a gradual increase in animosities between Fuzy and the school's principal, partly over Fuzy's increasing dissatisfaction with being evaluated in class.

His comments and actions "served to create an atmosphere at the school whereby other staff members are intimidated and fearful of imminent harm," according to the charges, stating that some staff members said they looked over their shoulder as a result.

The document says he owns five guns, two handguns and two rifles, all of which are licensed. According to the document, he said he uses them in shooting ranges and does not hunt.

A scheduling conference regarding Fuzy's federal lawsuit will be held in Newark on Feb. 5, 2020.

Some of those who supported Fuzy noted that he was instrumental in creating and tending the school's garden. In fact, he was awarded Teacher of the Year in 2013 by the New Jersey Agricultural Society.

The Fuzy matter is unrelated to a separate case in June, 2019 in which a Delaware man allegedly showed up in the school parking lot with a gun and ammunition.

Have news in Westfield? Email caren.lissner@patch.com. Sign up for free news alerts and the daily newsletter here.