Jul 9 2009 11:02 JUL-09-2009 09:58 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-746 =P.005/009 = F-939 STATE OF FLORIDA SCHOOL DISTRICT OF BAY COUNTY WILLIAM V. HUSFELT, as Superintendent of Schools, District of Bay County, Florida, Petitioner, vs. Case No.: DON OWEN, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, William V. Husfelt, as Superintendent of the Schoo] District of Bay County, Florida (the “Superintendem”), files this Administrative Complaint against Don Owen, Respondent. The Petitioner seeks the appropriate disciplinary sanctions against the Respondent pursuant to Chapter 120, Section 1012.33, Florida Statutes, and the policies of the Bay County School Board, The Petitioner alleges as follows: 1. The Respondent is employed as a Welding Sheet Metal Mechanic in the maintenance department for the School District of Bay County, 2. The Respondent is classified as a continuous employee under Article 10.4 of the Master Contract between the Bay County School Board and the Bay Educational Support Personnel Organization (Collective Bargaining Agreement). 3. On or about February 14, 2009, Respondent was arrested for driving under the influence. Because he refused the field sobriety test, he temporarily lost his drivers license. Respondent's attorney was, however, able to get Respondent a 10-day temporary license. -1. Jul 9 2009 11:02 JUL-09-2009 09:58 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-746 =P.008/009 = F-939 4, On May 5, 2009, in accordance with Article 10 of the Collective Bargaining Agreement, the Superintendent, Tommye Lou Richardson, the Director of Human Resources (“Richardson”), and Jimmy Thompson, Respondent's immediate supervisor (“Thompson”), met with Respondent after learning that Respondent’s 10-day temporary license had expired and that he had no drivers license or prospect of receiving one. Respondent was unable to refute the charges or provide additional information or evidence. 5, As a direct result of the information received regarding the status of Respondent's drivers license, the Respondent was suspended with pay by the Superintendent on May 5, 2009 until the next School Board Meeting held on May 13, 2009. A copy of the Superintendent’s letter to the Respondent is attached as Exhibit “A”. 6. On May 13, 2009, the Superintendent recommended to the Bay County School Board that the Respondent be suspended without pay and move toward termination of his employment. 7. The Respondent failed to appear at the Schoo! Board meeting. 8. At the meeting, the Bay County School Board voted to suspend the Respondent without pay and to proceed to terminate his employment. 9. On May 15, 2009, by Certified Return Receipt Mail, counsel for Bay County School Board notified Respondent of the Board’s decision and Respondent’s right to request an administrative hearing. A copy of the letter is attached as Exhibit “B.” 10. On June 2, 2009, Respondent requested, by telephone, an administrative hearing. 11. The allegations set forth herein establish good and sufficient reasons to terminate the employment of the Respondent under his contract with the Bay County School Board, Article 10.5 Jul 9 2009 11:02 JUL-09-2009 09:59 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-746 =P.007/009 = F-939 of the Collective Bargaining Agreement, Florida Statutes, and the policies of the Bay County School Board. WHEREFORE, Petitioner recommends that the School Board of the School District of Bay County, Florida, uphold the suspension of the Respondent and dismiss him as an employee of said Maran Lf School District for the reasons set forth above. DATED this day of June, 2009, WILLL Superintendent of Sch¢gls Florida Bar No. 0142350 School District of BayCounty, Florida Harrison, Sale, McCloy, Duncan & Jackson 304 Magnolia Avenue Post Office Box 1579 Panama City, Florida 32402-1579 Telephone: (850) 769-3434 Facsimile: (850) 769-6121 ATTORNEYS FOR PETITIONER CERTIFICATE OF SERVICE IHEREBY CERTIFY that a truce and correct copy of the foregoing was mailed via Certified Return Receipt Mail to Don Owen, 109 Limestone Lane, Panama City, Florida 32405, this:// day FRANKLIN R. HARRISON

Docket for Case No: 09-003598TTS