Division of Administrative Hearings, Florida
Filed: Sep. 15, 1992
The issues in this case are whether the Petitioner, the Pinellas County School Board, should dismiss either, or both, of the Respondents, Ronald Long, Jr., and Arthur McAleenan, from their employment as automotive paint and body mechanics, or otherwise discipline them, on charges contained in August 21, 1992, letters to them from the School Superintendent, J. Howard Hinesley. The letters list as charges against both of them: (1) spraying a handicapped employee in the face with a fire extinguisher; (2) making derogatory remarks to the handicapped employee; (3) on several occasions, while in their general work area, firing pieces of metal from a device constructed from an air compressor and tubing; (4) using the device to shoot out a light in the maintenance compound; (5) using the device to shoot out jalousie windows; and (6) using the device to shoot the windows of a bus that had been involved in an accident and could have been needed as evidence. Long's letter also charges that he made a threatening statement to the handicapped employee. The letters charge that the allegations constitute misconduct and grounds for dismissal under the School Board's Supporting Services Disciplinary Guidelines.2 auto mechanics should be suspended without pay for horseplay on the job. Dismissal too harsh, especially in light of lenient treatment of others.
