Whether the Respondents violated Section 112.313(6), Florida Statutes, by including certain letters in an official mail-out paid for by the taxpayers of the Flagler Estates Road and Water District and, if so, what penalty is appropriate.Respondents improperly included in official mail-out letters seeking election support. No violation of statute because letters were included in mail-out as a result of general counsel`s recommendation. Respondents did not have requisite wrongful intent.

By this action, Petitioner (the District) intends to terminate Respondent (Ms. Underwood) from her employment. The basis for the proposed action is set forth in the charge letter dated January 13, 1995. As grounds, the District accuses Ms. Underwood of: a. Failure to properly perform her duties of safety and care for the records of Flagler Estates Road and Water Control District including but not limited to: Failure to make copies of all original minutes and file them in a fireproof cabinet as required by instructions of June 21, 1994. Failure to make copies of the minutes for public inspection as required by instructions of June 21, 1994. Failure to update files as required by instructions of June 21, 1994. Failure to make room in the fireproof safe for tape recordings of district board meetings as required by instructions of June 21, 1994. Failure to organize the documents needed to compile the Book of Records as required by instructions of June 21, 1994. Repeated instances of leaving work early for lunch and returning late for work after lunch. There were other instances of her reporting late for work. This delinquency is compounded by her failure to correct her time records to properly reflect her compensable time. Failure to timely report to the Department of Environmental Regulation that there was an April publication oversight.Employee failed to follow instructions from supervisior and was dismissed following a due process hearing.