9417147536 Apr 15 2009 13:10 01:09:48 p.m. 04-15-2009 School District of Manat p BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SUMUUL BUARL OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 09-0003 GUILLERMO ORDONEZ, Respondent/Employee. f ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, Guillermo Ordonez (“Ordonez”), effective April 14, 2009, and as grounds therefor states as follows: FACTUAL ALLEGATIONS I Ordonez has been employed with the School District of Manatee County since November 13, 2006. He is currently on administrative leave with pay from his position as a Custodian at Prine Elementary School, 2. Ordonez falsified his payroll time shear an Tusedave Eahenau.2 AAA 2. specitcally, Ordonez requested to leave work at 7:00 p.m. on Tuesday, February 3, 2009, via leave of absence request form. 4. Ordonez’s request to leave work at 7:00 p.m. on Tuesday, February 3, 2009, was granted by Duane Dentler, Head Custodian, Prine Elementary School, 5. Ordonez left work at approximately 6:10:18 p.m. on Tuesday, February 3, 2009, as documented by a video recording. 6. Nevertheless, Ordonez recorded on his payroll time sheet that he remained at work on Tuesday, February 3, 2009, until 7:00 p.m. 5/16 9417147536 Apr 15 2009 13:11 01:10:33 p.m. 04-15-2009 School District of Manat p 7. On Thursday, February 19, 2009, without the permission of his head custodian or administration at Prine Elementary School, Ordonez changed his work schedule by reporting to work thirty minutes prior to his scheduled report time and leaving work thirty minutes prior to his scheduled stop time without obtaining the permission of the head custodian or an administrator at Prine Elementary School. 8. It is unacceptable and against standard operating procedure for an employee to adjust their work schedule on their own without first seeking and receiving permission from a Supervisor, Permission is required prior to the adjustment of a work schedule, 9, Ordonez’s actions constitute just cause under section 6.11 of the Policies and Procedures afithe, Schar.e rai eMprymert tor just cause, including but not limited to, ... misconduct in office ... violation of the Policies and Procedures Manual of the Schoo! Board of Manatee County, ... violation of ...the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. Just cause exists to discipline the employee based upon the following: iP Ordonez’ actions constitute just cause under section 6.11. 12. Ordonez has engaged in misconduct in office as defined in rule 6B-4.009(3), F.A.C. which provides that misconduct in office is a violation of the Code of Ethics of the Education Profession as adontad in mila KR IAM EAR. ln hoetpiee we ri urcastuttal Conduct for the Education Profession in Florida as adopted in rule 6B- 1.006, FA.C., which is so serious as to impair the individual's effectiveness in the school system. 6/16 9417147536 Apr 15 2009 13:12 11:25 p.m. 04-15-2009 School District of Manat 01:11:25 p. 13. Ordonez’ actions constitute unauthorized leave pursuant to section 6.2.1]. which provides that an employee is deemed to be on unauthorized leave at any time when the employee is absent from performance of reanuirad duriac withaue aicine oot. boone having made provisions for appropriate leave. 14. Ordonez’ actions further constitute absence without leave pursuant to section 1012.67, Florida Statutes (2008) which provides that any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board. 15. Ordonez’ actions violated rule 6B-1.006(5)(h), FA.C., which requires that the individual shall not submit fraudulent information on any document in connection with professional activities. 16. Ordonez has engaged in gross insubordination as defined in rule 6B-4,009(4), F.A.C. which provides that gross insubordination or willful neglect of duties is a constant or continuing intentional refusal to obey a direct order, reasonable in nature, and given by and 8 ee nye WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Guillermo Ordonez’s, employment, effective April 14, 2009. If a hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, April 14, 2009, pending the outcome of the hearing RIGHT TO A HEARING I. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and [20.57, Florida Statutes (2008), regarding the Superintendent's recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes (2008), and the Uniform Rules 3 7/16 9417147536 Apr 15 2009 13:13 212:18 p.m. 04-15-2009 School District of Manat 01:12:18 p adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request is attached for Respondent’s reference and use. 3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee Avenue West, 5th Floor, Bradenton, Florida 34205 no later than 4:30 p.m. on April 13, 2009, with a copy to Robert J. Shapiro, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd Floor, Bradenton, Florida 34205. Respondent is required > substantially cgmalv ‘aiidiniba representative at Respondent's expense. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2008), is not available. DATED this 23" day of March, 2009, in Bradenton, Manatee County, Florida, Robert J. Shapiro, Esquire Florida Bar: 231381] School Board of Manatée County P.O. Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2262 Facsimile: (941) 714-7536 Attorney for Petitioner/Employer 8/16 Apr 15 2009 13:13 01:13:00 p.m. 04-15-2009 9/16 9417147536 School District of Manat p BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 09-0003 GUILLERMO ORDONEZ, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Racpnnvlont, Cuilleemo Ordensz, feyursie al Administrative Hearing on the Administrative Complaint and states as follows: I The name, address, telephone number and fax number (if any) of the Respondent is 2. The name, address, telephone number and fax number (if any) of the Respondent’s qualified representative or attorney upon whom service of pleadings and other papers shall be made is 3. The Respondent's substantial interest is affected by the Superintendent's recommendation that the Petitioner terminate my employment. 4. The Respondent received notice of the Administrative Complaint to terminate his employment on 5. The case number assigned to the administrative complaint is Apr 15 2009 13:14 01:13:39 p.m. 04-15-2009 10/16 9417147536 School District of Manat p 6. Respondent requests an Administrative Hearing on the following disputed issues of material fact: There are no disputed issues of material fact. (Check if applicable) C). 8. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above, Print Name 9417147536 Apr 15 2009 13:15 14: .m. 04-15-2009 School District of Manat 01:14:14 p.m Agenda Item April 13, 2009 Approval to Terminate the Employment of Guillermo Ordonez or Suspend Without Pay and Grant an Administrative Hearing, if a Hearing is Requested DESCRIPTION The Superintendent recommends the termination of employment of Guillermo Ordonez, effective April 14, 2009, based upon the attached Administrative Complaint. RECOMMENDATION (!) Approve the Superintendent's recommendation to terminate the employment of Guillermo Ordonez, effective Aprit_| 4.2002, if no heacine ig requested ea" wienour pay effective April 14, 2009, pending the outcome of the hearing, if a hearing is requested. FINANCIAL IMPACT If the Employee is suspended without pay and benefits and following an evidentiary hearing, if requested, the Employee is reinstated, the Employee may be awarded back pay for the period of the suspension, CONTACT Legal Department RIS/ts 04/13/09 11/16 9417147536 Apr 15 2009 13:15 School District of Manat 01:14:53 p.m. 04-15-2009 C —, AFFIDAVIT OF SERVICE FROM: Robert J. Shapiro, Staff Attorney TO: Guillermo Ordonez 5702 1° Avenue Drive Northwest Bradenton, FL 34209 RE: Administrative Complaint for Guillermo Ordonez, together with Related Documents (Case No. 09-0003) !, | a ( ma ‘a mes . being employed as a courier on behalf of the School Board of Manatee County, being duly sworn, depose and say that on the 23% day of Moreh, 709. at \ \\. ate) aman ‘efpale EAVelo fs eben ae Administrative Complaint for Guillermo Ordonez, together with related documents, with date and hour endorsed thereon by me. ature-of @auriet Subscribed and Sworn to before me by MES on the zare day of arch , 2009, who is X]personally known to me: or [7] has produced as identification. a wes Com? NOTARY PUBLIC STATE OF FLORIDA AT LARGE ABOVE ENVELOPE RECEIVED BY: GRR ee roar Sa of Cig ws a Ff Commission # 00 806637 Print Name: Guile ge Peden CZ, 12/16

Docket for Case No: 09-001971TTS