THE STATE OF FLORIDA THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA MARK T. PORTER, Superintendent of Schools Petitioner Case No.: vy. JOSEPH CLEMENTS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, MARK T. PORTER, Superintendent of The School Board of Monroe County, Florida, files this Petition recommending Respondent, JOSEPH CLEMENTS? suspension pursuant to Section 1012.27(5), Florida Statutes and School Board Policies, and states as follows: JURISDICTIONAL BASIS 1. The agency is THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA (hereinafter “School Board”), located at 241 Trumbo Road, Key West, Florida 33041. 2. The Petitioner, MARK T. PORTER, is the Superintendent of Schools of Monroe County, Florida. His address is 241 Trumbo Road, Key West, Florida 33041. 3. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require employees to observe and comply with all laws, rules and regulations. Petitioner is required by law to report and recommend appropriate disciplinary action against any school employee who fails to comply therewith, inclusive of the Respondent, JOSEPH CLEMENTS, to the School Board of Monroe County, Florida. Page 1 of 5 Filed February 9, 2016 2:29 PM Division of Administrative Hearings 4, The Respondent is an employee of the School Board, and is currently employed as a programmer analyst. Petitioner seeks to suspend Respondent without pay for reasons stated in detail below. 5. The last known address of the Respondent is 728 Prado Circle — Big Coppitt Key, Key West, FL 33040. ADMINISTRATIVE CHARGES 6. At all times pertinent hereto. the Respondent was employed as a programmer analyst by the School Board. 7. School Board Policy 4120 permits the School Board to terminate an employee only for just cause, and lists specific instances with constitute just cause, including but not limited to: a. Failure to comply with School Board policy. any applicable Federal, State, or local law, rule or regulation or applicable contract; b. Committing, pleading guilty to, being convicted of, pleading no contest to, or agreeing to any intervention or diversion program involving, a felony, a misdemeanor involving moral turpitude, any offense listed in F.S. 1012.315, or any other crime for conduct that is inconsistent with the duties of the employee's position; 8. School Board Policy 4200 permits the School Board to terminate an employee for violating the ethical principles enumerated therein including, but not limited to, obeying all “local, state, and federal laws, codes and regulations.” 9. The Respondent may have violated School Board Policies 4120 and 4200, and was arrested on December 18, 2015 for running an illegal gambling or bookmaking operation, Page 2 of S. which is a third degree felony punishable by up to 5 years in prison. Respondent is currently awaiting criminal prosecution for this offense. 10. Respondent is not a member of the Collective Bargaining Agreement and is not subject to the requirement of progressive discipline. il. Pursuant to the authority granted by Section 1012.27(5), Florida Statutes and School Board Policy 4140.01, the Petitioner suspended the Respondent without pay until the January 12, 2016 board meeting. It is at this meeting that Petitioner recommends that the School Board extend the suspension indefinitely until the conclusion of the Respondent’s criminal case. 12. At the conclusion of the Respondent’s criminal case, if Respondent has pled guilty to, been convicted of, pled no contest to, or agreed to any intervention or diversion program, then pursuant to School Board Policy 4120, the Petitioner will recommend that the School Board terminate the Petitioner's employment. Therefore, the appropriate action at this time is to suspend the Respondent until the criminal case against him is concluded, at which time the Petitioner may recommend termination or reinstatement depending on how the criminal case proceeds. 13. The Respondent has already agreed to an intervention program after being arrested in December, 2014 for illegal possession of marijuana. 14. The Respondent has shown a pattern of disregarding the law, and such conduct is precisely what School Board Policies prohibit from School Board employees. 15. According to Section 447.209, Florida Statutes, “it is the right of the public employer to...exercise control and discretion over its organization and operations...to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty Page 3 of 5 because of a lack of work or for other legitimate reasons[.]” Additionally, pursuant to Section 1012.22, Florida Statutes, the School Board is authorized to suspend employees. 16. The above-referenced authority correlates to, and provides authority for suspending the Respondent until the criminal case against him is concluded, upon which further recommendation will be made by the Petitioner on whether Respondent should be terminated. PETITIONER’S RECOMMENDATION 17. Petitioner, MARK T. PORTER, recommends and requests that the School Board of Monroe County, Florida, the requisite notice having been provided to the Respondent, suspend the Respondent, JOSEPH CLEMENTS, pending the conclusion of the criminal case against him for felony bookmaking. This recommended action is predicated upon the foregoing facts and legal authority. EXECUTED this ¥ on of DUA _, EZ Supefintendent of Schools STATE OF FLORIDA ) COUNTY OF MONROE _ ) BEFORE ME, the undersigned authority, personally appeared, MARK T. PORTER, 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. my hand and seal this f day ot FOUL Ua = ! way SALLY M. ABRAMS Notary Public - State of Florida Commission # FF 230309 es My Comm. Expires Sep 7, 2019 Bonded through National Notary Assn My Commission Expires: Page 4 of 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document has been furnished on February 8, 2016 via email to: DUSTIN S. HUNTER, ESQUIRE (counsel for Respondent), Robertson & Hunter, 501 Whitehead St., Suite 2, Key West, Florida 33040. VERNIS & BOWLING OF THE FLORIDA KEYS, P.A. Attorney for Petitioner Islamorada Professional Center 81990 Overseas Highway, 3 Floor Islamorada, Florida 33036 Telephone (305) 664-4675 Telecopier (305) 664-5414 /s/ Theron C. Simmons Theron C. Simmons Florida Bar No. 623385 Page 5 of S

Docket for Case No: 16-000672