STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WILLIAM V. HUSFELT, as Superintendent of Schools, District of Bay County, Florida, Petitioner, vs. Case No.: 12 - 001142 MARCUS ANTONIO HOWARD, Respondent. / / ADMINISTRATIVE COMPLAINT Petitioner, William V. Husfelt, as Superintendent of the School District of Bay County, Florida (the “Superintendent’), files this Administrative Complaint against Marcus Howard, Respondent. The Petitioner seeks the appropriate disciplinary sanctions against the Respondent pursuant to Chapter 120, Section 1012.32, Florida Statutes, and the policies of the Bay District School Board. The Petitioner alleges as follows: 1, The Respondent is employed as a bus driver in the Transportation Department for the School District of Bay County. 2: The Respondent is classified as an annual contract employee under Article 10.3 of the Master Contract between the Bay District School Board and the Bay Educational Support Personnel Association (Collective Bargaining Agreement). St Between the dates of January 4 and February 7, 2012, a student reported to his/her parent that Respondent had shown pornographic materials to students on the bus Filed March 29, 2012 8:00 AM Division of Administrative Hearings driven by Respondent. Law enforcement officials were alerted, and an investigation of the student’s claims followed. 4. On February 8, 2012, the Respondent was given an informal hearing with the Superintendent to discuss the circumstances surrounding the allegations. 5. As a direct result of the allegations, on February 8, 2012, the Superintendent suspended Respondent with pay until the next School Board Meeting held on February 14, 2012 for violation of School Board policies. A copy of the Superintendent’s letter to the Respondent is attached as Exhibit “A.” 6. On or about February 13, 2012, Respondent was arrested after a Panama City Police Department investigation produced probable cause to charge Respondent with knowingly and intentionally showing pornographic photographs and videos to minor children who were riding the school bus assigned to Respondent. ve On February 14, 2012, the Bay District School Board heard the Superintendent’s recommendation that the Respondent be suspended without pay. 8. At the meeting, the Bay District School Board accepted the Superintendent’s recommendation and voted to suspend the Respondent without pay and to proceed to terminate his employment. 9. On February 15, 2012, by Certified Return Receipt Mail, counsel for Bay District School Board notified Respondent of the Board’s decision and Respondent's right to request an administrative hearing. A copy of the School Board Attorney’s letter to the Respondent is attached as Exhibit “B.” 10. On March 5, 2012, Respondent’s attorney requested an administrative hearing. A copy of Respondent’s Attorney’s letter to Bay District School Board is attached as Exhibit “C.” LY. The allegations set forth herein establish good and sufficient reasons to terminate the employment of the Respondent under his contract with the Bay District School Board, Article 10.5 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 District of Bay County, Florida uphold the suspension of the Respondent and dismiss him as an employee of said School District for the reasons set forth above. DATED this off day of March, 2012. Respectfully submitted, 2 a? Acoeta yolsew WILLIAM V. HOSFELT BERT C. JAC Superintendent of Schools Florida Bar No. 0149519 School District of Bay County, Florida HEATHER K. HUDSON Florida Bar No. 0091178 Harrison Sale McCloy 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 I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed via Certified Return Receipt Mail to Marcus Howard, 1230 Sherman Avenue, Panama City, Florida 32401; and Ron Stowers, Levine th & Stivers, LLC, 245 E Virginia St., Tallahassee, FL 32301-1263, this yf day of March, 2012. yilsew HEATHE HUDSON STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS WILLIAM V. HUSFELT, as Superintendent of Schools, District of Bay County, Florida, Petitioner, vs. Case No.: 12 MARCUS ANTONIO HOWARD, Respondent. EXHIBIT LIST EXHIBIT A Superintendent Husfelt’s letter to Marcus Howard dated 2/8/12 EXHIBIT B School Board attorney's letter to Marcus Howard dated 2/15/12 EXHIBIT C Attorney Ron Stowers’ request for formal hearing MILLIAM V, HUsFELT TI SuPeRINTENDENT 1311 Balboa Avenue Panama City, Florida 32401-2080 (850) 872-4100 dearing Impaired Access (R00) 955-8770 Voice (800) 955-8771 TDD Board Members: Joe Wayne Waixer District 1 Ryan Neves District 2 Ginger Littleton District 3 Jerry Register Distnet 4 February 8, 2012 Mr. Marcus Howard 1230 Sherman Ave. Panama City, FL 32401 Dear Mr. Howard, Today | held an informal meeting with you regarding the allegations that you showed, or allowed students to view, pornographic images and videos on your personal cellphone while you were employed as their bus driver. Also present at that meeting were Pat Martina, BESPA Representative, Mike Jones, our Safety and Security Officer, and Sharon Michalik, Executive Director for Human Resources. During the meeting you stated that you did not recall showing that content to these students but you were unable to answer how the students would know explicitly what was on your phone if you did not show them. | am hereby suspending you, with pay, and will be recommending your termination at the School Board meeting scheduled for February 14, 2012. As | mentioned at the meeting, you are invited to attend the hearing and may bring representation and address the Board at that time. Sincerely, William Husfelt Superintendent Sharon Michalik , Executive Director for Human Resources Ken Phillips, Director of Transportation cc: Personnel File EXHIBIT lA HARRISON SALE McCLoy FRANKLIN R, HARRISON ~ ——tharrison@HSMclaw.com ( i 304 Magnolia Avenue Gd Post Office Drawer 1579 Panama City, Florida 32401 | Attorneys At Law T 850.769.3434 F 650.769.6121 February 15, 2012 VIA REGULAR AND CERTIFIED MAIL RECEIPT NO. 7008 1300 0000 0161 7172 Mr. Marcus Howard 1230 Sherman Avenue Panama City, Florida 32401 Dear Mr. Howard: On February 13, 2012, 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 io §§ 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. { Franklin R. Harrison FRH/ss cc: William V. Husfelt, Superintendent Sharon Michalik, Executive Director for Human Resources Nicholas A, Beninite « Robert A. Fleming, HI + Franklin R. Hhurison + Robert C. Jackson + Heather A, Kennedy + Andrew B, Levy (of counsel) + Dixon Ross McCloy, Jr. Melissa F. Sale - Carlota Appleman ‘Thacker » C. Andrew Weddle + 4, Adwr Thoinpson (1997 -2006) Dion J, Moniz + Amy E, Myers + Kevin D. Obos - Douglas J. Sale - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Agent Ls al VA Addressee_ B. Received by (Printed Name) C. Date of Delivery O. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No = Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ™ Print your name and address on the reverse so that we can return the card to you. ™ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. Marcus Howard 1230 Sherman Avenue Panama City, Florida 32401 3. bosses Type Certified Mail © Express Mail O Registered @Retum Receipt for Merchandise O Insured Mail ~=O1C.0.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service tabey 7008 1300 oo00 DLL ?L?e PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 US. Postal Service: CERTIFIED MAIL... RECEIPT {Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.lisps.coms Postage Contified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 7008 1300 0000 oO1lb1 7172 PS Form 3800, Augus! 2006 See Revorso for: Instructions MA ain 35-2012 MON 10:05 AM LEVINE AND STIVERS FAX NO, 224 6270 P, @2 MARK S. LEVINE E V NE Certtfled Circuit Civil Mediator Mark@LSLegal.comeastbiz.ner H.B, STIVERS [ i \ ) ERS LL Certified Citeusr Civil Mediator 5) HB@LSLegal.comeastbiz-net LAWYERS MEDIATION SERVICES RONALD G. STOWERS Ron@LsSLegal.comcastbiz.net GERALD A. LEWIS of Counsel Certified Circuit Civil Mediator DONN A. CLENDENON March 5, 2012 (1933-2005) VIA FACSIMILE (850) 769-6121 and U.S. MAIL Bay County School Board c/o Franklin R. Harrison, Attorney P.O, Drawer 1579 Panama City, Florida 32401 Re: Marcus Howard, Request for Formal Hearing Dear Mr. Harrison: This firm represents Marcus Howard of 1230 Sherman Avenue, Panama City, Florida 32401. Mr. Howard’s telephone number is (850) 527-9859 and (850) 381-0325. By letter dated February 15, 2012, you notified Mr. Howard of Superintendent Husfelt’s recommendation and the Bay County School Board's intent to terminate his employment with the Bay County School Board. Please be advised that Mr. Howard denies the factual allegations and contests the legal conclusions which form the basis of the Superintendent's recommendation and the School Board’s action. Further, Mr, Howard requests a formal hearing on those charges before an Administrative Law Judge of the Division of Administrative Hearings. Please immediately acknowledge to me in writing that you have received this request for hearing. If you or the attomey who will be handling this matter are of the opinion that this letter contesting the factual allegations and legal conclusions in your letter and requesting a hearing on the matter is insufficient to move forward with a formal hearing under Chapter 120, Florida Statutes, please let me know promptly and I will amend this request by preparing and filing a formal petition. EXHIBIT i 6 HAR-05-2012 MON 10:96 AM LEVINE AND STIVERS FAX NO. 224 6270 Franklin R. Harrison March 5, 2012 Page 2 If you should have any questions or concerns, please let me know immediately. Thank you in advance for your prompt attention to these matters, Sincerely, Ronald G. Stowers ce: Marcus Howard Pat Martina

Docket for Case No: 12-001142TTS