STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 93-3657

)

HENRY LEE JACKSON, )

)

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 October 19, 1993, at Largo, Florida.

APPEARANCES

For Petitioner: Keith B. Martin, Esquire

Post Office Box 2942 Largo, Florida 34649-2942

For Respondent: Henry Lee Jackson, pro se

311 Pennsylvania Avenue Clearwater, Florida 34615

STATEMENT OF THE ISSUES

Whether Respondent falsified employment papers by stating no previous arrest, while employed by the School Board was adjudicated guilty of possession of drug paraphernalia, and subsequent to a dismissal made threats against school board personnel.

PRELIMINARY STATEMENT

By letter dated June 2, 1993, the Superintendent, Pinellas County Schools, Petitioner, advised Henry Lee Jackson, Respondent, that he was suspended with pay on June 2, 1993 until the next regular scheduled meeting of the school board at which time he would be recommended for dismissal on June 24, 1993.

Respondent was advised of his right to request a formal hearing to challenge this determination. On June 17, 1993 Respondent requested a formal hearing and these proceedings followed. By letter dated October 8, 1993, the charging letter was amended to include charges that on September 17, 1993 Respondent threatened to "blow up" the School Board Administration Building, and on September 14, 1993 Respondent threatened to kill school board employees in a conversation with a Pinellas County Commission employee.

At the hearing Petitioner called 4 witnesses, Respondent called 2 witness, including himself, and 11 exhibits were offered into evidence. Exhibit 11 was withdrawn as it was contained in the complete court file admitted as Exhibit 12. Ruling on the admissibility of Exhibit 2 was reserved at the hearing. That exhibit is now admitted into evidence.

Proposed findings submitted by Petitioner are accepted. Those not included below were deemed unnecessary to the conclusions reached. Having fully considered all evidence presented I submit the following.

FINDINGS OF FACT

1. Respondent was employed by the Pinellas County School System on May 17, 1988 as a plant operator at the South Ward Elementary School in Saint Petersburg, Florida.

   
   

2. On the date he was employed Respondent signed a document as part of his application entitled Notice to All New and Rehired Employees. That document directed Respondent to list all prior arrests. Respondent wrote "no" on the document and signed it. (Ex 2). Although Respondent denied the signature on Ex 2, is his signature, this document was presented from the personnel file of Respondent and Respondent's contention that someone from the school system forged his signature on this document is not credible.

   
   

3. Respondent was arrested in 1983 on charges of kidnapping, aggravated assault and battery, was brought to trial and found not guilty of all three charges. Accordingly, his denial of arrest on Ex 2 is false.

   
   

4. In May 1988, shortly after his employment with the School system commenced, Respondent was charged with possession of drug paraphernalia, was tried and found guilty of this offense.

   
   

5. During the investigation of the charges brought to light when a background check was done on Respondent as a result of an unrelated matter and the criminal proceedings came to light, Respondent was offered three options:

   1) to resign, 2) be terminated, or 3) receive a written reprimand and agree to random drug testing four times during the next year at Respondent's expense. (Ex. 7). Respondent rejected the first and third options and told the personnel officer to "terminate me".

   
   

6. On September 14, 1993 Respondent went to the Pinellas County Courthouse and demanded to see the Board of County Commissioners to complain about the actions of the School Board. When told the commissioners were not present, Respondent nevertheless went to the Commission Chambers. When he returned to the receptionist he remarked he guessed he would have to go back to the School Administration Building and shoot the place up.

   
   

7. During a telephone conversation with Ted Pafundi, Supervisor of Employee Benefits at the School System, the person who identified himself as Respondent, in an agitated condition told Pafundi that he was coming down to get you all. "I'll blow up the building."

   
   

8. When the amended charging letter was sent to Respondent by certified mail it was refused by Respondent and returned to the sender. (Ex. 5).

   CONCLUSIONS OF LAW

   
   

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

   
   

10. Section 6Gx52-7.12 of the Pinellas County School Board Rules lists the following grounds for disciplinary action against employees including suspension or dismissal:

    
    

    1. Falsification of employment paperwork or district forms or documents.

       1. Conviction of, or a plea of guilty or no contest to, a criminal charge.

       2. Misconduct, which is defined as conduct that is serious enough to impair employee's effectiveness in the School District or which may bring the service of the School Board of Pinellas County into disrepute.

       
       

11. The acts of Respondent in failing to include his arrest record on his application for employment, being convicted of possession of drug paraphernalia, and making the threats noted in findings 6 and 7 above constitute grounds warranting the disciplinary action of dismissal.

    
    

12. In these proceedings the School Board 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. 4th DCA 1984); Dileo v. School Board of Dade County, 569 So.2d 883, (Fla. 3rd DCA 1990). Respondent has here met this burden.

RECOMMENDATION

It is recommended that a Final Order be entered confirming the termination of Henry Lee Jackson as an employee of the Pinellas County School Board.

DONE AND RECOMMENDED this 5th day of November, 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 5th day of November, 1993.

COPIES FURNISHED:

Keith B. Martin, Esquire Post Office Box 2942 Largo, Florida 34649-2942

Henry Lee Jackson

311 Pennsylvania Avenue Clearwater, Florida 34615

J. Howard Hinesley, Ed.D. Superintendent

Pinellas County Schools

301 4th Street Southwest Post Office Box 2942 Largo, Florida 34649-2942

Honorable 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: 93-003657

Orders for Case No: 93-003657