SPECIAL SCHOOL BOARD MEETING FEBRUARY 14, 2017

BRENDA BOHLINGER

Review of Instructional Employee’s Exceptions to Administrative Law Judge’s Recommended Order for Termination of Employment

BACKGROUND

Brenda Bohlinger (the “Employee”) was an itinerant Physical Education teacher at the REAL Academy, who had previously been subject to progressive discipline, including a prior suspension without pay. The next step of progressive discipline is termination of employment. The Employee’s termination of employment was recommended after it was determined that she requested and received travel reimbursement to which she was not entitled. The Employee requested a hearing, and that hearing was held before an Administrative Law Judge with the Florida Division of Administrative Hearings (DOAH) on September 30, 2016. After the hearing on November 28, 2016 the Judge entered a Recommended Order upholding the Superintendent’s recommendation for termination. Through her attorney, the Employee filed Exceptions to the Judge’s Recommended Order on December 13, 2016, which are now before the School Board.

FACTS

The Employee had previously received a verbal warning for repeatedly leaving work early. On October 12, 2015, the Employee received a two-day suspension without pay for unprofessional conduct and for violating student privacy rights. The next step of progressive discipline is termination of employment.

The Employee was employed as an itinerant Physical Education teacher for the REAL Academy and taught classes each day beginning at Auburndale High School, then traveled to Dwight Smith Center in Lakeland, and finished the day at Boone Middle School in Haines City. The Employee was entitled to receive mileage reimbursement for her travel from Auburndale to Lakeland and from Lakeland to Haines City for each work day completed.

A review of the Employee’s travel reimbursement records determined that she had requested and, in fact, received mileage reimbursement for six days during which she was not at work or did not work at Boone Middle School. Following the hearing in this matter, the Administrative Law Judge determined that there were five occasions for which the Employee requested and received a mileage reimbursement to which she was not entitled.

The Judge entered a Recommended Order finding that just cause existed for the Employee’s termination based upon her failure to “maintain honesty in all professional dealings” and for submitting “fraudulent information.”

FEBRUARY 14, 2017

Brenda Bohlinger

Review of Instructional Employee’s Exceptions to Administrative Law Judge’s Recommended Order for Termination of Employment

DISCUSSION

The Employee’s Exceptions challenge the Judge’s findings, conclusions and recommendation for termination of employment.

It is undisputed that the Employee sought and received travel reimbursement for two days when she was home sick and did not come to work. That fact alone is sufficient to uphold the recommendation for termination of employment. The Judge also determined that, on three other dates, the Employee sought and received travel reimbursement to Boone Middle School on days that the Employee did not teach at Boone, and that the Employee’s explanations lacked credibility.

This is a relatively simple case in which the facts support the conclusion that the Employee engaged in dishonesty and fraud that constituted misconduct, and that just cause was proven sufficient to impose the recommended termination of employment.

RECOMMENDATION

The Superintendent recommends that the Employee’s Exceptions be denied and that the School Board adopt the DOAH Administrative Law Judge’s Recommended Order terminating the Employee.

Docket for Case No: 16-002612TTS

Orders for Case No: 16-002612TTS