THE STATE OF FLORIDA THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA [0-044 7 Dr. JOSEPH P. BURKE, ) Superintendent of Schools, ) Case No. ) Petitioner, ) ) v. ) ) DAVID GOOTEE, ) ) Respondent. ) ee) ADMINISTRATIVE COMPLAINT Petitioner, Dr. JOSEPH P. BURKE , Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint, pursuant to Chapters 120, 1001 and 1012, Florida Statutes (2003), Rules 6B-1.001, 6B-1.006, and 6B-4.009, Florida Administrative Code, and the Policies of the School District of Monroe County, Florida and states as follows: JURISDICTIONAL BASIS 1. The agency is The School Board of Monroe County, Florida, located at 241 Trumbo Road, Key West, Florida 33040. 2. The Petitioner, Dr. JOSEPH P. BURKE, is the Superintendent of Schools of Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33040. 3. The Petitioner is statutorily obligated to recommend the placement of all school personnel and to require all employees to observe and comply with all laws, rules and regulations. Petitioner is required by law to report and recommend appropriate action against any school employee who fails to comply therewith, inclusive of the Respondent, DAVID GOOTEE. 4. The Respondent, DAVID GOOTEE, is an employee of the School Board of Monroe County, Florida, and is currently employed as a teacher at Key West High School in the Monroe County School District. 5. The last known address of the Respondent, DAVID GOOTEE, is 15 Beechwood Dr., Key West Florida 33040, ADMINISTRATIVE CHARGES Petitioner, DR. JOSEPH P. BURKE, re-alleges the above and states as follows: 6. At all times pertinent hereto, the Respondent was employed as a teacher at Key West High School in the Monroe County School District. 7. On December 9th, 2009 School District Legal met with Respondent, DAVID GOOTEE, to discuss allegations that he was receiving two separate amounts of compensation for the same period of work time. 8. Respondent admitted to receiving additional compensation from the School Board for time which was already being paid for by the School Board. 9. In order to receive the duplicative compensation Respondent submitted false time sheets attesting to additional work hours which were not actually worked in addition to those already being paid for by the School Board. 10. School Board Policy 3210, Entitled Standards of ethical conduct provides in relevant part; Bylaws & Policies 3210 - STANDARDS OF ETHICAL CONDUCT An effective educational program requires the services of men and women of integrity, high ideals, and human understanding. The School Board hereby establishes the following as the standards of ethical conduct for all instructional staff members in the District: 15.maintain honesty in all professional dealings. 22. not submit fraudulent information on any document in connection with professional activities. 11. | The Florida Department of Education has promulgated Rules of Professional conduce to which every member of the education profession must adhere, pursuant to Section 1012.795 Florida Statutes, including: Code of Ethics — Education Profession 6B-1.006 Principles of Professional Conduct for the Education Profession in Florida 6B-1.001 Code of Ethics of the Education Profession in Florida. 1. The educator values the worth and dignity of every person, the pursuit of truth, devotion to excellence, acquisition of knowledge, and the nurture of democratic citizenship. 3 Essential to the achievement of these standards are the freedom to learn and to teach and the guarantee of equal opportunity for all. 2. The educator's primary professional concern will always be for the student and for the development of the student's potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity. 3. Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct, Specific Authority 229.053(1), 231.546(2)(b) FS. Law Implemented 231.546(2)(b) FS. History - New 3-24-65, Amended 8-9-69, Repromulgated 12-5-74, Amended 8-12-81, 7-6-82, Formerly 6B-1.01. 6B-1.006 Principles of Professional Conduct for the Education Profession in Florida. 1. The following disciplinary rule shall constitute the Principles of Professional Conduct for the Education Profession in Florida. 2. Violation of any of these principles shall subject the individual to revocation or suspension of the individual educator's certificate, or the other penalties as provided by law. 3. Obligation to the student requires that the individual: a. Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety. b. Shall not unreasonably restrain a student from independent action in pursuit of learning. ° c. Shall not unreasonably deny a student access to diverse points of view. d. Shall not intentionally suppress or distort subject matter relevant to a student's academic program. e. Shall not intentionally expose a student to unnecessary embarrassment or disparagement. f. Shall not intentionally violate or deny a student's legal rights. g. Shall not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and 4 shall make reasonable effort to assure that each student is protected from harassment or discrimination. Shall not exploit a relationship with a student for personal gain or advantage. Shall keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law. 4. Obligation to the public requires that the individual: a, d. e. Shall take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated, Shall not intentionally distort or misrepresent facts Concerning an educational matter in direct or indirect public expression. Shall not use institutional privileges for personal gain or advantage. Shall accept no gratuity, gift, or favor that might influence professional judgment. Shall offer no gratuity, gift, or favor to obtain special advantages. 5. Obligation to the profession of education requires that the individual: a. b. Shall maintain honesty in all professional dealings. Shall not on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or Participation in any professional organization. Shall not interfere with a colleague's exercise of political or civil rights and responsibilities, Shall not engage in harassment or discriminatory conduct which unreasonably interferes with an individual's performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and, further, shal! make reasonable effort to assure that each individual is protected from such harassment or discrimination. Shall not make malicious or intentionally false statements about a colleague. Shall not use coercive means or Promise special treatment to influence professional judgments of colleagues. 5 Shall not misrepresent one's own professional qualifications. Shall not submit fraudulent information on any document in connection with professional activities. Shall not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position. Shall not withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment. Shall provide upon the request of the certificated individual a written statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment. Shall not assist entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida Statutes and State Board of Education Rules, . Shall self-report within forty-eight (48) hours to appropriate authorities (as determined by district) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendre for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes, Shall report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section 1012.795(1), Florida Statutes. Shall seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education Rules as defined in Section1012.795(1), Florida Statutes. . Shall comply with the conditions of an order of the Education Practices Commission. q. Shall, as the supervising administrator, cooperate with the Education Practices Commission in monitoring the probation of a subordinate. 12. That the Respondent has violated School Board policy and Florida Statutes and the Educators Code of Conduct by, a. Preparing false time sheets for identical work hours, b. Submitting false time sheets indicating additional work hours which were not actuaily worked, Cc. Receiving additional compensation for work which had already been paid for by the School Board, d. Exposing the School Board to liability for “Perkins Funds” usage in manners either inappropriate, or false give time sheets were submitted that were for time already paid for by the School Board. 13. | Pursuant to Florida Statutes and School Board Policies and Rules, on January 15, 2010 Petitioner sent written notice to Respondent advising that Petitioner recommended termination, and further advised Respondent of Respondents right to request a hearing to contest the charges, attached hereto as Exhibit “A” and incorporated herein. 12. On January 21,2010, Respondent requested in writing a hearing to challenge the termination of Respondent. DEMAND FOR RELIEF 13. Petitioner, DR. JOSEPH P. BURKE, Superintendent of Schools of Monroe County, Florida recommends that the Monroe County School Board, after providing the requisite notice, dismiss the Respondent, DAVID GOOTEE, from his employment as an employee predicated upon the foregoing facts and legal authority. EXECUTED this A | day of Vy UA ty 2010. a AA Mhe “JO H P. BURKE “Superintendent of Schools STATE OF FLORIDA ) )Ss COUNTY OF MONROE ) BEFORE ME, the undersigned authority, personally appeared, DR. JOSEPH P. BURKE, to be known to be the person described in the foregoing instrument: and he acknowledged that he executed the foregoing instrument for the purpose therein contained. WITNESS my hand and seal this a day of‘, IA AUC | ( Ly , 2010. NOTARY PUBLIC, STATE OF FLORIDA My Commission Expires: ; eu "Notary Bublic State of Florida * Sally M Smith ¥ \y Commission DD710188 asf a Expires 08/29/2014 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of this document has been furnished to DAVID GOOTEE, Via Facsimile through his attorney Nathan Eden (305)295-2828 and Cheryl Allen, Director of Personnel, Monroe County School Board, 241 Trumbo Road, Key West, Florida 33040, by mail this _2 T day of 2010. By Schools Attorney a Members uf the Board District # f STEVEN PRIBRAMSRKY District = 2 ANDY GRIFFITHS Chair DR. JOSEPH P. BURKE Superintendent of Schools District * 3 U0 FEB - | 6y. Ho S FAN MATHEWSON. 11 Lustrict #4 JOHN R. DICK Vice Chair Distrtet = § DR. DEBRA WALKER “Student Success, Whatever It Takes” January 15, 2010 David Gootee 15 Beechwood Drive, Key West, FL 33040 And via hand delivery at Key West High School Dear Mr, Gootee, It has come to my attention that you have violated School Board Policy 3210, Florida Statute and The Code of Ethics for the Education Profession by preparing and submitting false time pensation for time which you were already being compensated for under your School Board Contract. This conduct is grounds for discipline up to and including termination. You are hereby immediately suspended without pay up through the next Schoo! Board meeting on January 26", 2010. This action is being taken for cause in accordance with School Board Policies, including section 3140, Florida statutes, including 1012.34 and, to the extent it applies, the Collective Bargaining Agreement. The meeting will be held at the Key West Administration Building Board Room at 5 pm. At the meeting, I will recommend to the School Board that your employment be terminated for the reasons stated above, as well as, contained in the attached Petition for Termination. In the meantime, please make arrangements to turn over any and all District property and keys you have in your Possession to your supervisor. Under the Union Contract, Section V, and/or Chapter 120 of the Florida Statutes you have the right to request a hearing. In the event that a written request or petition for a hearing is not received by my office within ten (10) calendar days after receipt of this notice. you will waive your right toa hearing. Please govern yourself accordingly. Sinverely. a a “pcp ual EXhi bit “A Oe: Cheryl Allen. Human Resour es Director John Welsh Penicipal Loon Fowler, United Teachers of Monroe PEE Poniie Bouse Rey Wo bE dloge bod Patg

Docket for Case No: 10-000497TTS