THE SCHOOL BOARD OF POLK COUNTY, FLORIDA

THE SCHOOL BOARD OF POLK COUNTY, FLORIDA,

DOAH Case Nos: 97-4860

Petitioner, 98-0419

vs.

RON MICKENS,

Respondent.

/

FINAL ORDER

THE ABOVE-STYLED MATTER came on to be heard before the Honorable Lawrence P. Stevenson, Administrative Law Judge, Division of Administrative Hearings, State of Florida, on the following two issues: first, whether Respondent's employment with Petitioner as an assistant principal should be terminated, as recommended by Glenn Reynolds, Superintendent of Schools; and, second, whether Respondent's Professional Services Contract should be terminated pursuant to Section 231.36(6), Florida Statutes, also as recommended by Glenn Reynolds, Superintendent of Schools. Judge Stevenson entered his Recommended Order and forwarded the matter to The School Board of Polk County, Florida, for entry of a final order. Upon review of the Recommended Order, all exceptions filed in the case, together with the complete record, and being otherwise fully advised in the premises,

IT IS THEREFORE, RESOLVED BY THE SCHOOL BOARD OF POLK

COUNTY, FLORIDA as follows:

1. That the Findings of Fact and the Conclusions of Law contained in Judge Stevenson's Recommended Order, dated March 2, 2000, a copy of which is attached, are hereby adopted in their entirety;

   
   

2. That the Recommendations contained in Judge Stevenson's Recommended Order are hereby adopted in part and amended in part, as follows:

   
   

   1. The Respondent is hereby reinstated for the remainder of his assistant principal contract for the 1997-1998 school year,

      and shall receive full back pay and benefits accordingly.

      
      

   2. The Respondent is hereby reinstated under the terms and conditions of his professional services contract and shall receive full back pay and benefits accordingly.

      
      

   3. The reasons for the School Board's modification of the recommendation are as follows:

      
      

      1. The recommendation that the School Board enter into assistant principal contracts with Respondent for the 1998-1999 and 1999-2000 school years is without legal basis or authority. The School Board has no authority to direct the employment of an administrator without the recommendation of the Superintendent of Schools.

         
         

      2. The Recommended Order is silent as to the question of whether Respondent's professional services contract should be terminated. Upon review of the entire record, the School Board finds that the Respondent did not willfully neglect his duty as a teacher for the Polk County School District, and that as a result, reinstatement of Respondent under the terms and conditions of his professional services contract is appropriate.

         
         

3. The Exceptions to the Recommended Order filed on behalf of Superintendent Glenn Reynolds dated March 17, 2000, are hereby rejected.

DONE AND ORDERED at Bartow, Polk County, Florida, in regular session on this 9th day of May, 2000.

THE SCHOOL BOARD OF POLK COUNTY, FLORIDA

By

C. J. English, III, Chairperson

Filed with the School Board's Clerk this 8 June, 2000.

Attest: Glenn Reynolds, Secretary

Copies Furnished:

The Honorable Lawrence P. Stevenson Division of Administrative Hearings State of Florida

The Desoto Building 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Donald H. Wilson, Jr., Esquire PO Drawer 30

Bartow,FL 33831

Timothy G. Schoenwalder, Esquire PO Box 6526

Tallahassee, FL 32314

Glenn Reynolds, Superintendent Polk County School Board

PO Box 391

Bartow, FL 33831-0391

C. Wesley Bridges II, General Counsel Polk County School Board

PO Box 391

Bartow, FL 33831-0391

Docket for Case No: 97-004860

Orders for Case No: 97-004860