BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 11-0020 JANE “CATHY” WOOTEN, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, hereby recommends the termination of employment of Respondent, Jane “Cathy” Wooten (“Wooten”), effective January 10, 2012, and as grounds therefore states as follows: FACTUAL ALLEGATIONS 1. Wooten has been employed by the School Board of Manatee County since August 18, 1982. She is currently on paid administrative leave from her employment as a first grade teacher at Samoset Elementary School, (“Samoset”). 2 During the 2008-2009 school year, Wooten was absent from work 324 hours or 43.2 days. These absences were called in as sick days by Wooten. Wooten’s absences constituted 23% of the school year. 3, During the 2009-2010 school year, Wooten was absent from work 294.5 hours or 39.27 days. These absences were called in as sick days by Wooten. Wooten’s absences constituted 21% of the school year. Page 1 of 5 4. During the 2010-2011 school year Wooten was absent from work 492.5 hours or 65.67 days. These absences were called in as sick days by Wooten. Wooten’s absences constituted 35% of the school year. 5. During the 2011-2012 school year (August 16, 2011 through November 3, 2011), Wooten was absent from work 69.5 hours or 9.3 days. These absences were called in as sick days by Wooten. Wooten’s absences constituted 16% of the school year to date. 6. Wooten did not request Family Medical Leave for any of the above-mentioned absences. 7. On Monday, November 28, 2011 through Thursday, December 1, 2011, Wooten called in each day to state she would not be reporting to work due to personal illness. 8. On Friday, December 2, 2011, Wooten did not report to work nor did she call the SEMS system to report her absence and secure a substitute for her class or notify anyone at the school site of her absence. 9. On Monday, December 5, 2011, Wooten again did not report to work or the call the SEMS system until 1:00 p.m. that afternoon. When Wooten finally reported to work, she was placed immediately on paid administrative leave. 10. Wooten’s actions in being absent without leave constitute just cause under section 6.11 of the Policies and Procedures of the School Board of Manatee County. VIOLATIONS ll. Per Policy 6.11, Policies and Procedures Manual, the School Board of Manatee County, an employee may be temporarily suspended with or without pay or permanently terminated from employment for just cause, including, but not limited to, immorality, Page 2 of 5 misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude, violation of the Policies and Procedures Manual of the School Board of Manatee County, violation of any applicable Florida Statute, violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 12. Wooten’s actions violated policy 6.2 in that her absences, even though excused, are excessive and therefore, have an adverse impact on her students, her school, and the District as a whole. 13. Wooten’s actions constitute unauthorized leave pursuant to School Board Policy 6.2(2)(a) and (b), which provides that an employee is deemed to be on unauthorized leave at any time when the employee is absent from performance of required duties without giving notice and without having made provision for appropriate leave. 14. Based on the facts herein alleged, Petitioner has just cause to terminate Respondent’s employment. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Jane “Cathy” Wooten’s, employment, effective January 10, 2012. If a hearing is requested, the Superintendent recommends that the hearing be granted and the Respondent be suspended without out pay effective, January 10, 2012. Page 3 of 5 RIGHT TO A HEARING 1. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2011), 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 (2011), and the Uniform Rules 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 submit a written request to the agency clerk, Lyn Lego, at 215 W. Manatee Ave. W., Bradenton Florida 34205, for a formal hearing within 15 days of the date of service. Your written request for a hearing must be postmarked no later than 4:30 p.m. on the 1s day. A copy of the written request must also be sent to Erin G. Jackson, Esq., at Thompson, Sizemore, Gonzalez & Hearing, P.A.. One Tampa City Center, 201 N. Franklin Street, Suite 1600, Tampa, Florida 33602. Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified 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 (2011), is not available. 7. Pursuant to Rule 28-106.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. If either party desires a certified court reporter to preserve the testimony, the party may do so at its own Page 4 of 5 expense. Any party who wishes a written transcript of the testimony from the certified court reporter shail bear the cost of such transcript. DATED this * & day of December, 2011, in Bradenton, Manatee County, Florida. Timothy McGonegal, Ed. D., Superintendent School Board of Manatee County, Florida Page 5 of 5 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, VS. SBMC Case No. 2011-0020 JANE “CATHY” WOOTEN, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Respondent, Jane “Cathy” Wooten, requests an Administrative Hearing on the Administrative Complaint and states as follows: 1. The name, address, telephone number, fax number (if any) and email address of the Respondent is Jane Wooten, Email Address: 2. The name, address, telephone number, fax number (if any) and email address of the Respondent’s qualified representative or attorney upon whom service of pleadings and other papers shall be made is Email Address: 3. The Respondent’s substantial interest is affected by the Superintendent’s recommendation that the Respondent be terminated. Page | of 2 4. Respondent received notice of the Administrative Complaint to terminate her employment on December 8, 2011. 5. The case number assigned to the administrative complaint is 11-0020. 6. Respondent requests an Administrative Hearing on the following disputed issues of material fact: 7. There are no disputed issues of material fact. (Check if applicable) 8. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above. Date Signature Print Name Page 2 of 2 AFFIDAVIT OF SERVICE TO: Jane “Cathy” Wooten c/o Bruce Proud Manatee Education Association DeSoto Towers 1523 6" Avenue West G-1 Bradenton, Florida 34205-6705 FROM: Erin G. Jackson, Esq. School Board of Manatee County RE: Administrative Complaint for 2011-0020 together with Related Documents (Case No. 11-0020) I, Joe Eubanks, being employed by the School Board of Manatee County, being duly sworn, depose and say that on the 8th day of December, 2011, at vA Co am [Z4pm ‘check one), I individually served _ MS AA with an envelope containing an Administrative Complaint for Jane “Cathy” Wooten, together with related documents in connection with the subject case number, with date and hour endorsed thereon by me, VA fe of Affiant Subscribed and Sworn to before me by Joe Eubanks on the __ day of December, 2011, who is ersonally known to me; or identification. DEBRA A. VANGEN MY COMMISSION # EE 132924 EXPIRES: November 19, 2015 S gonded Thru Notary Public Underwriters ABOVE ENVELOPE RECEIVED BY: has produced as ; 7 [ | ean | forsee INOTARY PUBLIC ‘STATE OF FLORIDA AT LARGE Lilbles Pp , Print Name: hi at Puce

Docket for Case No: 12-000008TTS