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ST. LUCIE COUNTY SCHOOL BOARD vs PATRICIA DAVIS, 10-010698TTS (2010)

Court: Division of Administrative Hearings, Florida Number: 10-010698TTS Visitors: 22
Petitioner: ST. LUCIE COUNTY SCHOOL BOARD
Respondent: PATRICIA DAVIS
Judges: JOHN D. C. NEWTON, II
Agency: County School Boards
Locations: Port St. Lucie, Florida
Filed: Dec. 16, 2010
Status: Closed
Recommended Order on Tuesday, November 1, 2011.

Latest Update: Jul. 18, 2013
Summary: As stipulated by the parties, the issue in this case is whether there is “just cause” to terminate the employment of Patricia Davis.Ten-year bus paraprofessional's failure to constantly monitor ESE students, to perform duty of greeting students and escorting to seats, and to call for help in an emergency was not just cause for termination, but was for 1-year suspension.
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

July Term 2013


PATRICIA DAVIS,

Appellant, v.

DIVISION OF ADMINISTRATIVE HEARINGS

and SAINT LUCIE COUNTY SCHOOL BOARD,

Appellees.


No. 4D12-1315 [July 18, 2013]

PER CURIAM.


Affirmed.


STEVENSON and FORST, JJ, and SINGHAL, RAAG, Associate Judge, concur.


* * *


Appeal from the Division of Administrative Hearings and the School Board of Saint Lucie County; L.T. Case No. 10-10698.

Mark Wilensky of Dubiner & Wilensky, L.L.C., West Palm Beach, for appellant. Elizabeth Coke of Richeson & Coke, P.A., Fort Pierce, for appellee Saint Lucie

County School Board.


Not final until disposition of timely filed motion for rehearing.


Docket for Case No: 10-010698TTS
Issue Date Proceedings
Jul. 18, 2013 Opinion filed.
Jun. 07, 2013 Appellee's Notice of Re-filing Under Seal an Education Record filed with the Fourth District Court of Appeal.
Jun. 03, 2013 BY ORDER OF THE COURT: School Board shall re-file under seal a copy of the DVD surveillance video.
Dec. 31, 2012 BY ORDER OF THE COURT: the brief of appellee filed on December 20, 2012, is stricken as not in compliance with the Florida Rules of Appellate Procedure. An amended brief in compliance with the rules shall be filed within ten days from the date of this order.
Nov. 19, 2012 (Amended) BY ORDER OF THE COURT: Appellee's motion filed November 1, 2012, for extension of time is granted filed.
Nov. 13, 2012 BY ORDER OF THE COURT: Appellee's motion for extension of time is granted.
Oct. 22, 2012 BY ORDER OF THE COURT: Appellant's motion and amended motion for extension of time are granted, Appellant's initial brief was filed October 17, 2012 filed.
Sep. 12, 2012 BY ORDER OF THE COURT: Appellant's motion filed August 22, 2012, for extension of time is granted filed.
Aug. 31, 2012 BY ORDER OF THE COURT: appellee's motion filed July 31, 2012, to file an education record under seal is granted, and this court permits the filing under seal of the Educational Record identified as Instrument #21, which is deemed filed August 28, 2012.
Jul. 23, 2012 BY ORDER OF THE COURT: Appellant's Motion filed June 29, 2012, for extension of time is granted filed.
Apr. 19, 2012 Acknowledgment of New Case, Fourth DCA Case No. 4D12-1315 filed.
Mar. 14, 2012 Agency letter confirming e-filing of Final Order filed.
Mar. 14, 2012 Agency Final Order filed.
Nov. 21, 2011 Transmittal letter from Claudia Llado forwarding exhibits which were not admitted into evidence, to the agency.
Nov. 17, 2011 Respondent's Amended Exceptions to Recommended Order filed.
Nov. 17, 2011 Respondents Exceptions to Recommended Order filed.
Nov. 04, 2011 Transmittal letter from Claudia Llado forwarding software for viewing Petitioner's Exhibit 1, to the agency.
Nov. 01, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 01, 2011 Recommended Order (hearing held August 16-17, 2011). CASE CLOSED.
Sep. 27, 2011 Respondent's Proposed Recommended Order filed.
Sep. 26, 2011 (Petitioner's) Proposed Recommended Order filed.
Sep. 16, 2011 Transcript of Proceedings (Volumes I-IV) filed.
Sep. 09, 2011 Notice of Unavailability filed.
Aug. 16, 2011 CASE STATUS: Hearing Held.
Aug. 15, 2011 Petitioner's Exhibits (exhibits not available for viewing)
Aug. 11, 2011 Respondent's Notice of Compliance with Court's Order Dated August 10, 2011 filed.
Aug. 10, 2011 Order on Petitioner`s Emergency Motion to Strike Witness Stephen Alexander.
Aug. 09, 2011 Petitioner's Exhibit List "Exhibit A" to Petitioner's Proposed Pre-Hearing Statement (exhibits not available for viewing)
Aug. 09, 2011 Respondent's Response to Petitioner's Emergency Motion to Strike Respondent's Witness, Dr. Stephen Alexander filed.
Aug. 08, 2011 Joint Pre-hearing Stipulation filed.
Aug. 08, 2011 Respondent's Notice of Filing Exhibit List filed.
Aug. 05, 2011 Petitioner's Emergency Motion to Strike Respondent's Expert Witness, Dr. Stephen Alexander filed.
Aug. 05, 2011 Respondent's Unilateral Pre-Hearing Statement filed.
Aug. 02, 2011 Respondent's Witness List filed.
Aug. 01, 2011 Petitioner's Proposed Pre-hearing Statement filed.
Jul. 22, 2011 Respondent's Second Renotice of Taking Deposition (Frank Krukauskas and Paul Gavoni) filed.
Jul. 20, 2011 Respondent's Renotice of Taking Deposition (of F. Krukauskas and P. Gavoni) filed.
Jul. 12, 2011 Respondent's Renotice of Taking Deposition (of L. Beutell) filed.
Jun. 23, 2011 Respondent's Notice of Compliance filed.
Jun. 17, 2011 Order on Respondent`s Motion to Compel Compliance with Request to Produce.
Jun. 16, 2011 Order on Respondent`s Motion to Compel Answers to Interrogatories.
Jun. 14, 2011 Order Denying Petitioner`s Emergency Motion for Protective Order (Deposition of Beuttell and Richeson & Coke).
Jun. 13, 2011 Order Denying Continuance of Final Hearing.
Jun. 10, 2011 Petitioner's Motion Requesting to Reschedule Hearing Dates filed.
May 20, 2011 Petitioner's Response to Respondent's Motion to Compel Compliance with Requests to Produce filed.
May 20, 2011 Petitioner's Response to Motion to Compel on Interrogatories filed.
May 19, 2011 Reply to Respondent's Response to Petitioner's Emergency Motion for Protective Order filed.
May 18, 2011 Order Granting Motion for Protective Order.
May 18, 2011 Respondent's Notice of Cancellation of Deposition filed.
May 18, 2011 Respondent's Response to Emerency Motion for Protective Order filed.
May 17, 2011 Order Shortening Time to Respond to Petitioner`s Motion for Protective Order.
May 16, 2011 Petitioner's Supplemental Certificate of Good Faith Effort to Resolve Emergency Motion for Protective Order to Quash Deposition of Leslie Beuttell and Deposition of a Representative of Richeson & Coke, P.A. filed.
May 16, 2011 Respondent's Motion for Protective Order filed.
May 16, 2011 Petitioner's Emergency Motion for Protective Order to Quash Deposition of Leslie Beuttell and Deposition of a Representative of Richeson & Coke, P.A. filed.
May 13, 2011 Respondent's Motion to Compel Compliance with Request to Produce filed.
May 13, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 16 and 17, 2011; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
May 13, 2011 Respondent's Motion to Compel Answers to Interrogatories filed.
May 13, 2011 Petitioner's Response to Respondent's Renewed Motion to Continue filed.
May 12, 2011 Petitioner's Response to Respondent's Motion for Extension of Time to Comply with Order of Pre-hearing Instructions filed.
May 12, 2011 Respondent's Amended ReNotice of Taking Deposition Duces Tecum (changes location and times) filed.
May 12, 2011 Respondent's Renewed Motion to Continue filed.
May 11, 2011 CASE STATUS: Motion Hearing Held.
May 11, 2011 Order Denying Respondent`s Motion for Protective Order.
May 11, 2011 Amended Notice of Telephonic Pre-hearing Conference (set for May 20, 2011; 2:30 p.m.).
May 11, 2011 Amended Order for Depositions.
May 11, 2011 Respondent's Motion for Extension of Time to Comply with Order of Pre-Hearing Instructions filed.
May 10, 2011 Respondent's Amended Notice of Taking Deposition filed.
May 10, 2011 Petitioner's Emergency Motion for Protective Order Quashing Subpoenas Duces Tecum as to Production of Documents Requested filed.
May 10, 2011 Order on Respondent`s Motion to Compel, for Sanctions, and for Continuance.
May 10, 2011 Order for Depositions.
May 09, 2011 Respondent's ReNotice of Taking Deposition Duces Tecum (Bill Tomlinson, Paul Gavoni, Frank Krukauskas) filed.
May 09, 2011 Letter to L. Beuttell from M. Wilensky regarding availability dates filed.
May 09, 2011 Respondent's Notice of Taking Deposition (Leslie Beutell) filed.
May 06, 2011 Respondent's ReNotice of Taking Deposition Duces Tecum (Susan Ranew) filed.
May 06, 2011 Respondent's Re-notice of Taking Deposition Duces Tecum (of D. Morris, D. Carter, M. Lannon, and K. Nobal) filed.
May 06, 2011 Petitioner's Supplemental Notice of Availability for Deposition filed.
May 06, 2011 Letter to L. Beuttell from M. Wilensky regarding notice of availability for deposition filed.
May 06, 2011 Letter to L. Beuttell from M. Wilensky regarding available dates filed.
May 06, 2011 Petitioner's Notice of Availability for Deposition filed.
May 05, 2011 CASE STATUS: Motion Hearing Held.
May 04, 2011 Petitioner's Notice of Filing Supplemental Information in Regard to Respondent's Reply to Petitioner's Response to Motion to Compel, for Sanctions, and for Continuance filed.
May 03, 2011 Respondent's Notice of Cancellation of Deposition filed.
May 03, 2011 Notice of Telephonic Motion Hearing (motion hearing set for May 5, 2011; 2:30 p.m.).
May 02, 2011 Respondent's Notice of Taking Deposition Duces Tecum (Frank Krukauskas, James Ruggeri) filed.
Apr. 29, 2011 Respondent's Reply to Petitioner Resonse to Motion to Compel for Sanctions and for Continuance filed.
Apr. 28, 2011 Petitioner's Response to Respondent's Response to Motion to Compel for Sactions(sic) and for Continuance filed.
Apr. 27, 2011 Respondent's Motion to Compel for Sanctions and for Continuance filed.
Apr. 21, 2011 Order Denying Respondent`s Motion for Hearing on Objections.
Apr. 20, 2011 Respondent's Notice of Taking Deposition Duces Tecum filed.
Apr. 20, 2011 Respondent's Reply to Petitioner's Response to Motion for Hearing on Objections filed.
Apr. 18, 2011 Petitioner's Response to Respondent's Motion for Hearing filed.
Apr. 15, 2011 Respondent's Motion for Hearing on Objections filed.
Apr. 13, 2011 Petitioner's Response to Respondent's Request for Hearing filed.
Apr. 11, 2011 Letter to Judge Newton from M. Wilensky requesting telephonic hearing filed.
Apr. 11, 2011 Petitioner's Response to Respondent's First Request for Interrogatories filed.
Apr. 11, 2011 First Request to Produce to Petitioner filed.
Apr. 11, 2011 Petitioner's Response to Respondent's First Request for Production of Documents filed.
Apr. 11, 2011 First Set of Interrogatories to Petitioner filed.
Feb. 23, 2011 Amended Notice of Telephonic Pre-hearing Conference (set for May 13, 2011; 2:30 p.m.).
Feb. 23, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for May 24 and 25, 2011; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Feb. 17, 2011 Petitioner's Response to Respondent's Motion for Continuance filed.
Feb. 16, 2011 Respondent's Motion to Continue filed.
Feb. 09, 2011 Petitioner's Response to Respondent's Motion for a Protective Order filed.
Feb. 08, 2011 Notice of Appearance (of E. Coke) filed.
Feb. 08, 2011 Petitioner's Notice of Withdrawal in regard to its Motion to Compel filed.
Feb. 08, 2011 Petitioner's Reply to Respondent's Response to Motion to Compel filed.
Feb. 07, 2011 Respondent's Response to Motion to Compel filed.
Feb. 04, 2011 (Proposed) Order Granting Petitioner's Motion to Compel and Motion to Shorten Response Time for Anticipated Future Written Discovery filed.
Feb. 04, 2011 Petitioner's Motion to Compel and Motion to Shorten Response Time for Anticipated Future Written Discovery filed.
Jan. 19, 2011 First Request to Produce to Petitioner filed.
Jan. 19, 2011 First Set of Interrogatories to Petitioner filed.
Jan. 05, 2011 Notice of Hearing by Video Teleconference (hearing set for March 17 and 18, 2011; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Jan. 05, 2011 Order of Pre-hearing Instructions.
Jan. 05, 2011 Notice of Telephonic Pre-hearing Conference (set for March 4, 2011; 1:00 p.m.).
Dec. 28, 2010 Petitioner's Unilateral Response to Initial Order filed.
Dec. 20, 2010 Letter to Judge Cohen from Leslie Beuttell regarding representing St. Lucie School Board filed.
Dec. 17, 2010 Initial Order.
Dec. 16, 2010 Statement of Charges and Petition for Termination filed.
Dec. 16, 2010 Request for Administrative Hearing filed.
Dec. 16, 2010 Referral Letter filed.

Orders for Case No: 10-010698TTS
Issue Date Document Summary
Jul. 18, 2013 Opinion
Mar. 13, 2012 Agency Final Order
Nov. 01, 2011 Recommended Order Ten-year bus paraprofessional's failure to constantly monitor ESE students, to perform duty of greeting students and escorting to seats, and to call for help in an emergency was not just cause for termination, but was for 1-year suspension.
Source:  Florida - Division of Administrative Hearings

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