STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE No. 92-7458

)

DIANNA L. BEVIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on April 21, 1993 at St. Petersburg, Florida.

APPEARANCES

For Petitioner: Keith Martin, Esquire

301 Fourth Street, South West Post Office Box 2942

Largo, Florida 34649 2942 For Respondent: Not present or represented

STATEMENT OF THE ISSUES

Whether Respondent's operation of the school cafeteria at Bay Vista School in Pinellas County was such as to warrant her dismissal as food service manager.

PRELIMINARY STATEMENT

By letter dated November 13, 1992 the Superintendent of Pinellas County Schools advised Dianna L. Bevis, Respondent, that he was suspending her with pay effective November 9, 1992 and that he would recommend to the School Board that the suspension be sustained and the board dismiss her. As grounds therefor it is alleged that Respondent failed to fulfill her responsibilities as food service manager by not adhering to local, state and federal guidelines; failed to develop and maintain records as required; failed to maintain proper accounting of commodities and inventory, daily production records, meal card records, accounting records, and deposit records; and failed to properly administer the federal free lunch and reduced lunch program. As a result the cafeteria at Bay Vista lost money during the 1992 school year and further subjected the school system to liability to the Federal Department of Agriculture by reason of the failure to document that the approved number of free and reduced meals with the required nutrition content were served ad accounted for.

Respondent requested a formal hearing to challenge this disciplinary action and these proceedings followed. At the hearing Petitioner called 13 witnesses

and 55 exhibits were admitted into evidence. Proposed findings submitted by Petitioner are accepted. Those not included herein were deemed unnecessary to the conclusions reached.

Having fully considered all evidence presented, I submit the following: FINDINGS OF FACT

1. Dianna L. Bevis was employed by the Pinellas County School Board as a cafeteria manager assigned to Bay Vista Elementary School.

   
   

2. Dianna L. Bevis worked for the Pinellas County School Board as a cafeteria manager for the entire 1991-92 school year and for the 1992-93 school year until November 9, 1992 when she was suspended.

   
   

3. During the school year 1990-91 Dianna L. Bevis participated in the internship program for cafeteria managers. During that year she was provided one day a week of classroom instruction. The other four days of the week she was working at a school or the central service center being trained on the duties of a cafeteria manager. Her training included the accounting and recordkeeping procedures required to be accomplished by cafeteria managers. During six weeks of her internship, Respondent worked at the central service center reviewing free and reduced meal applications to determine eligibility.

   
   

4. Food service managers are provided a description of their duties before assuming employment.

   
   

5. During the 1991-92 school year, Bevis began as the cafeteria manager at Bay Vista Elementary School. An audit of the operation of the Bay Vista Elementary cafeteria was conducted in February 1992 by the Pinellas County School Board Audit Department. That audit cited a number of deficiencies in the operation of the Food Service Department including: failure to accomplish cash close-out slips, failure to maintain register tapes, failure to approve voids, and failure to issue meal cards when checks were received from students for prepaid meals. These deficiencies were discussed with Respondent by her supervisor, Janette Zyss. Respondent then provided to Ms. Zyss an explanation of how she would correct each of the deficiencies.

   
   

6. Respondent was provided assistance to correct these deficiencies. The supervisor, Janette Zyss, visited monthly to observe and give advice on how to correct deficiencies. Respondent was provided school closing instructions at the end of the 1991-92 school year which instructed her what documents to maintain and how to close-out the cafeteria accounting system for the year.

   
   

7. Respondent attended a back-to-school meeting at the beginning of the 1992-93 school year at which cafeteria accounting and recordkeeping procedures were also discussed. Respondent was provided with a guide on how to process free and reduced meal applications before the 1991-92 school year. She was also provided the guidance on how to substitute menu items.

   
   

8. In October 1992 an audit on the food service operation at Bay Vista Elementary School was conducted by Ms. Marilyn Myers. Her findings were as follows:

   
   

   1. Bay Vista showed the only loss for an elementary school in the county system for the 1991-92 school year. The loss was $11,990.65. Figures for the first 36 days at the 1991-92 and 1992-93 school years were compared. It was

      found that the number of full priced, cash-on-the-line meals was reduced from 1,950 to 690 meals and that the revenue generated from full price meals was reduced from $2,500 to $865.41. The value of full priced meals was reduced from

      $2,617.75 to $1,754.95. The value of voided entries was increased from $740.14 to $1,885.06. The total amount of deposits was reduced from $7,638.15 to

      $4,663.73.

      
      

   2. There were numerous voided transactions with a high dollar value, some as large as $267.20. The cashier, Maxine Miller, a accomplished only a few voids and they were for small amounts, less than $3.00.

      
      

   3. The journal tapes for the entire audit period were not available for audit.

      
      

   4. There were numerous instances where there were gaps between transaction numbers of the subtotal and the total register tapes. Some of these entries were traced and identified as voided entries. The lack of journal tapes makes it impossible to make a determination as to the need for these entries.

      
      

   5. There were several times that the subtotal tape was rung up after the time that the cashier left the school. It is the cashier's responsibility to run the subtotal tape.

      
      

   6. On April 10, 1992 figures reported on the subtotal tape for the value of full price, cash-on-the-line meals was $142.50. The amount for this item listed on the weekly report was $37.50. A void of $105.00 was accomplished to reconcile the two figures. Without the journal tapes, it cannot be explained why this large void was needed.

      
      

   7. Cluster voids ranging from 4 at $1.25 for $5.00 to 18 at $1.25 for

      $22.50 were found on journal tapes between the dates of May 7, 1992 and May 28, 1992. Journal tapes were not available to determine the need for these voids.

      
      

   8. On October 14 and 15, 1992 the cashier, Maxine Miller, was allow to count the money in her register and to complete cash close-out slips. On all other days in that school year, until her suspension, Respondent counted the money and completed the cash close-out slips. Respondent prepared all of the deposit slips. On those two dates the cashier completed a second cash close-out slip which she retained in her possession. She provided those second close-out slips to the auditor. For October 14, 1992, the total of the cashier's slip was

      $278.60. The deposit recorded for that day was only $120.60, revealing a difference of $158.00. For October 15, 1992 the cashier's slip had a total of

      $205.90. The deposit was only $96.15, revealing a difference of $109.75.

      
      

   9. On September 16, 1992 the figures on the daily total tape and the weekly report showed an amount of $86.40 for cash received that day. The deposit slip for that date showed only $59.00 being deposited in the bank, creating a shortage of $27.40.

      
      

   10. For October 5, 1992, the amount listed on the total tape for cash received that day and on the weekly report match but the amount deposited for that day was $65.15 less.

       
       

   11. The AccuClaim Edit Check Worksheet is prepared by the cafeteria manager to list the number of students who are eligible for free or reduced price meals and also those that are actually served. This form is maintained so that in the event of audit this school can establish how many free and reduced meals have

       been served which are reimbursed to the county by the federal government. Cafeteria managers are required to weekly review applications for free and reduced meals to determine which students at their school are eligible. The figures reported on the AccuClaim Edit Check Worksheet prepared for Bay Vista Elementary School by Respondent were incorrect. Applications were reviewed during the course of the audit by Ms. Peggy Niles, a cafeteria manager at another elementary school within the Pinellas County School System. Ms. Niles prepared a list detailing how many children were eligible for free meals for each day between September 8, 1992 and October 23, 1992. She determined that fewer children were eligible for free meals than the number listed on the AccuClaim Edit Check Worksheet prepared by Respondent. Based on the attendance factor of 95% established by the federal government, and compared to the number of free reduced priced meals served, 730 free meals and three reduced price meals were over served for that time period. These meals were reimbursed to the county at rates of $1.5325 and 1.1325 respectively and will now have to be paid back. The total value of the over served meals is $1,122.13.

       
       

   12. A Daily Record of Meal Cards Sold form is prepared each day to record prepayments by students for meals. When a student prepays for meals, that student's name and the amount of the prepayment, along with the number of the meal cards issued, are recorded on the Daily Record of Meal Cards Sold form. It was found that on several dates, checks listed as being deposited on the deposit slip were not recorded in any manner on the Daily Record of Meal Cards Sold form. The total of the Daily Record of Meal Cards Sold was entered as received on account on the register tape. The result would be that there was more cash in the drawer than that listed on the tape resulting in an overage. An overage was never recorded during the time of Respondent's management of the Bay Vista Elementary School Cafeteria.

       
       

   13. By review of the Daily Record of Meal Cards Sold form for August 26, 27 and 28, 1992 it was determined that 35 students prepaid for full priced meals on August 26, two paid on August 27, none paid on August 28,1992. When the subtotal tape was reviewed for August 28, 1992 it showed 72 students being rung up as having been served meals that they had prepaid for when in reality only 37 students could have fallen into this category.

       
       

   14. When a student prepays for meals, a meal card is issued. Meal cards are issued in increments of 5 or 20 days. If a student purchases more than 5 but less than 10 days, an ID calendar card is issued to cover the days in excess of 5. It was found that there were several ID calendar cards issued to students that could not be matched top any prepayments on the respective Daily Record of Meal Cards Sold forms.

       
       

   15. There were several cards marked for free students after the student had withdrawn from the school. For three different students two ID calendar cards were issued on the same date. These cards were both marked to reflect a meal being served to that student on the same date.

       
       

9. In November 1992 an inventory audit was conducted by Ms. Helen Young at Bay Vista Elementary School cafeteria. Her findings were as follows:

   
   

   1. Production records (SL202) are required to be maintained to establish the specific amounts and kids of food that are being served in cafeteria meals. These records are maintained in order to assure compliance with the USDA regulations requiring the provision of specific amounts and kinds of food to meet the child nutrition guidelines for reimbursable meals. Without this documentation Pinellas County does not meet the necessary requirements to

      receive federal reimbursement on lunches and breakfasts served in the schools. The production records discovered at Bay Vista Elementary School cafeteria provided inadequate information to determine the amount and kinds of food prepared.

      
      

   2. Inventory Cards are required to be maintained for each commodity and regular food item. As food items are removed for use in meals, procedure requires that the amount removed be marked on the inventory card. It is found that inventory cards were not being used at Bay Vista Elementary School cafeteria.

      
      

   3. On comparing the ending year inventory in the cafeteria at Bay Vista Elementary School and beginning year inventory for 1992-93 it was found that a number of food items were missing. The total value of the items missing was

      $1,570.80.

      
      

10. School menus are preset by the County Food Service Office to ensure that nutritional requirements are being met as required in order to receive federal reimbursement for meals. Respondent made changes to the menu at Bay Vista Elementary School without seeking approval as required in the county procedures.

    
    

11. Respondent kept a key to the cafeteria during the summer between the 1991-92 and 1992-93 school years.

    
    

12. Mr. Curtis Dennis, formerly the Head Plant Operator at Bay Vista Elementary School, observed Respondent on one occasion receive money from a child and place it on top of the register without ringing it in.

    
    

13. The cashier at Bay Vista, Maxine Miller, during the time that Respondent was cafeteria manager, only handled ringing up the prepaid meals into the register. Whenever cash was used to pay for a meal, Respondent handled the cash. When Respondent rang in the cash sale, she would often ring it as prepaid. She would ring up zeros.

    
    

14. Maxine Miller would ring the subtotal tape at the end of the day. She would then be told by Respondent to go help in the kitchen. At that time, Respondent would count the money, fill out the cash close-out slips and deposit slip and run further tapes including the final total tape. Respondent did the counting and completed the forms in her office.

    
    

15. Patty Moenius, Food Service Assistant, on occasion would walk into the cafeteria manager's office while Respondent was counting the money and completing the forms. When she did so, Respondent would jump up and quickly cover the money and forms.

    
    

16. Patty Moenuis observed Respondent on frequent occasions putting money into the register without ringing it up.

    
    

    CONCLUSIONS OF LAW

    
    

17. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

    
    

18. Section 6Gx52-7.12, Pinellas County School Board Policy Manual provides in pertinent part:

    Employee conduct which may lead to recommendation for suspension and/or dismissal during the term of appointment includes, but is not limited to, the following... :

    (b) Failure to correct performance deficiencies after deficiencies have been identified and discussed with employee, administrator's expectations have been specified, and assistance has been offered.

    * * *

    (i) Failure to comply with School Board policy,, state law, or appropriate contractual agreement.

    
    

19. Although violation of (b) above was not specifically alleged in the charging letter, that letter did address the same deficiencies noted on the February 1992 audit and these deficiencies continued, and were aggravated, in the November 1992 audit, despite counselling Respondent had received following the February 1992 audit. Accordingly, the evidence was overwhelming that Respondent failed to correct deficiencies in the performance of her duties as food service manager which deficiencies had clearly been pointed out to her following the February 1992 audit.

    
    

20. The evidence was also undisputed that Respondent failed to comply with federal and school board regulations regarding serving and accounting for free and reduced priced meals, as well as full paid meals.

    
    

21. As a result of improper accounting and failure to adhere to prescribed procedures the meals program at Bay Vista Elementary School lost a considerable sum of money during the 1992 school year and subjected the program to additional liabilities to the federal government for funds received under the federal free and reduced lunch program which the food service program records are inadequate to substantiate.

    
    

22. In these proceedings the Petitioner has the burden of proving the allegations by a preponderance of the evidence. South Florida Water Management District v. Caluwe, 459 So.2d 390 (Fla. 3d DCA 1984). This burden has been met. The allegations proven in these proceedings are serious and justify series discipline.

RECOMMENDATION

It is RECOMMENDED that a Final Order be entered finding that Dianna L. Bevis has violated provisions of Section 6Gx52-7.12 of the Pinellas County School Board Policy Manual as alleged and that she be dismissed from her position as food service manager.

DONE and ORDERED this 7th day of May, 1993, in Tallahassee, Leon County, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1993.

COPIES FURNISHED:

Keith Martin, Esquire

Asst. School Board Attorney Pinellas County Schools

301 Fourth Street, S.W. Post Office Box 2942 Largo, Florida 34649 2942

Dianna L. Bevis

4520 - 54th Avenue North

St. Petersburg, Florida 33709

J. Howard Hinesley, Ed.D. Superintendent of Schools Pinellas County Schools Post Office Box 2942 Largo, Florida 34649 2942

Betty Castor

Commissioner of Education The Capitol

Tallahassee, Florida 32399 0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-007458

Orders for Case No: 92-007458