Jul 10 2009 11:46 JUL-10-2009 10:42 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.003/009 F-959 STATE OF FLORIDA SCHOOL DISTRICT OF BAY COUNTY WILLIAM V. HUSFELT, as Superintendent of Schools, District of Bay County, Florida, Petitioner, vs. Case No.; MARTHA RICE, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, William V. Husfelt, as Superintendent of the School District of Bay County, Florida (the “Superintendent”), files this Administrative Complaint against Martha Rice, 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 Food Service Assistant I at Mosley High School in 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. Superintendent was informed that Respondent was having attendance issues, and on May 8, 2009, he met with Respondent and her supervisor, Ed Sheffield, to discuss Respondent’s -l- Jul 10 2009 11:46 JUL-10-2009 10:43 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.004/009 = F-959 attendance at work. Mr. Sheffield indicated that there had been numerous times when Respondent was either tardy or absent and that on several occasions Mr. Sheffield met with Respondent regarding her attendance which she acknowledged by signing records of the counseling. 4, At the May 8, 2009 meeting, Respondent was told that if her poor attendance continued, the Superintendent would be forced to take additional action. 5. After the meeting, Respondent continued to be tardy to work and left early on at least one occasion. 6. As a direct result of Respondent’s continued poor attendance, the Superintendent notified Respondent in a letter dated May 14, 2009 that she was suspended with pay until the next School Board Meeting held on May 27, 2009. A copy of the Superintendent’s letter to the Respondent is attached as Exhibit “A”. 7, On May 27, 2009, the Superintendeni recommended to the Bay County School Board that the Respondent be suspended without pay and move toward termination of her employment. 8. The Bay County School Board voted to suspend the Respondent without pay and to proceed to terminate her employment. 9. On May 28, 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. In a letter dated June 9, 2009, Respondent requested an administrative hearing. A copy is attached as Exhibit “C.” 11. The allegations set forth herein establish good and sufficient reasons to terminate the employment of the Respondent under her contract with the Bay County School Board, Article 10.5 2. Jul 10 2009 11:47 JUL-10-2009 10:43 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.005/009 © F-959 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 her as an employee of said School District for the reasons set forth above. DATED this 10 aay of July, 2009. He oye MU | Gabi) WILLIAM V. HUSFELT KLIN R. HARRISON Superintendent of Schools lorida Bar No. 0142350 Schoo! District of Bay County, 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 true and correct copy of the foregoing was mailed via Certified Return Receipt Mail to Martha Rice, 212 Cove Blvd., Panama City, Florida 32401, this! ~ day ay R. HARRISON of July, 2009. JUL-10-2009 10:43 Wituam V. HusFet, DO SUPERINTENDENT 1311 Balboa Avenue Panama City, Florida 82401 (880) 872-4100 Hearing Impaired Access {800) 955-8770 Voice (800) 955-8771 TDD www.bay.k12.fl.us. Board Members: Pat Sabiston District 1 Ryan Neves District 2 Ginger Littleton Dishict 3 Jerry Register District 4 Danna Allen District 5 Jul 10 2009 11:47 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.008/009 © F-959 May 14, 2009 Ms. Martha Rice 212 North Cove Blvd. Panama City, Florida 32401 Dear Ms. Rice: Imet with you on Friday, May 8, 2009 and discussed your attendance at work in the Mosley cafeteria. Mx, Sheffield indicated numerous times when you were either tardy or absent. He has met with you, discussed this with you, and completed records of counseling which you signed. Since our meeting on May 8, Thave been advised by Mr. Sheffield that you have been tardy to work and have left early. ; As I told you in our meeting, if your poor attendance continued, I would be forced to take additional action. Consequently, I am suspending you with pay until the next School Board meeting on May 27, 2009. At that meeting, J will recommend that you be suspended without pay and move toward termination. You have the right to refute the charges or to offer additional evidence or information that you feel is in your interest, Furthermore, you have the right to be represented by counsel or other representative, should you so choose. Sincerely, od, ec: Dr. Tormmye Lou Richardson Sandra Davis Sandy Harrison Franklin Harmison RECEIVED MAY 1.9 2008 A ALL-STATE LEGALS” Jul 10 2009 11:47 JUL-10-2009 10:44 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.007/009 F-959 HARRISON, SALE, MCCLOY, DUNCAN & JACKSON CHARTERED ATTORNEYS & COUNSELORS AT LAW CARLOTTA APPLEMAN-MONIZ NIGHOLAS A. BENINATE. 304 MAGNOLIA AVENUE MICHAEL B, DUNCAN POST OFFIGE DRAWER 1578 ROBERT A FLEMING, IIL . PANAMA CITY, FLORIDA 32401 FRANKLIN R. HARRISON ROBERT C, JACKSON TELEPHONE (850) 79-3434 OXON ROSS MeGLOY, JR, TELECOPIER (850) 789-6121 DION J, MONIZ KEVIN D. OBOS . H. ALAN THOMPSON AMY E, ROSS (1986 - 2008) DOUGLAS J. SALE May 28, 2009 VIA REGULAR AND CERTIFIED MAIL RECEIPT NO. 7006 3450 0001 0536 3722 Ms. Martha Rice 212 North Cove Blvd. Panama City, Florida 32401 Dear Ms. Rice: On May 27, 2009, the Bay County School Board accepted the Superintendent’s recommendation that you be suspended without pay and proceed to terminate your employment with the Bay County School Board. If you desire an administrative hearing before an administrative law judge pursuant to §§120.569 and 120.57, Florida Statutes and School Board policy 1.105, please notify this office within twenty-one (21) days of receipt of this letter, Any request should be directed to the Bay County School Board, c/o Franklin R, Harrison, Post Office Drawer 1579, Panama City, Florida 32402. Should the School Board not receive a timely request for a hearing, you will be terminated as an employee, ranklin R. Harrison FRH/ss cc: William V, Husfelt, Superintendent Tommye Lou Richardson ‘ALL-STATE LEGAL? Jul 10 2009 11:48 JUL-10-2009 10:44 FROM-HARRISON, SALE ,McCLOY & THOMPSON +7696121 T-753 P.008/009 F-959 SENDER: COMPLETE THIS SECTION | & Complete items 1, 2, and 3. Also complete ttom 4 If Restricted Delivery is desired. @ Print your name and address on the raverser so that we can return the card to you. no m Attach this card to the back of the mallpiece, or on the front if space permits. Ma N. Cove Bed . Pan dre Oty, * eceniten Mall Cl express Mall \ ‘S) aye ] 1 Registered febRetum Recalpt for Merchandise 1 Insured Mail O 60D. 4, Restricted Delivery? (Extra Fag} DB ves 2. Articla Number a transfer trom service label FOO 3450 0001 0536 37-2 PS Form 3811, Fabruary 2004 Domestic Return Recsipt 102505-02-M-1540 * Poatega Gerilled Fae Return Aeceipt Foe (Endorsement Required) Restrleted Dallvery Fae Endoraemant Required) Tota! Postage & Fea 700b 3450 GOO O53b J3¥ee

Docket for Case No: 09-003634TTS