STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DOAH CASE NO. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, Petitioner, vs. ADRIANA DELGADO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the School Board of Palm Beach County, Florida (“School Board”), hereby files this Administrative Complaint against Respondent, Adriana Delgado. The School Board seeks the suspension of Respondent’s employment with the School Board for five-days without pay, and in support alleges as follows. JURISDICTION AND VENUE 1. The petitioning agency is the School Board of Palm Beach County, Florida, located at 3300 Forest Hill Boulevard, West Palm Beach, Florida 33406, Attn: Board Secretary. 2. Dr. Donald E. Fennoy II is the duly appointed Superintendent of Schools for the School District of Palm Beach County, c/o JulieAnn Rico, 3300 Forest Hill Boulevard, C-331, West Palm Beach, Florida 33406. 3. The Superintendent is statutorily obligated to require compliance and observance by all personnel of all laws, policies, and directives of the School Board, the State of Florida, and the federal government. Pursuant to section 1012.27(5), Florida Statutes, the 10. 11 Superintendent has the authority to recommend to the School Board that an employee of the School Board be suspended and terminated from employment. The respondent employee is Adriana Delgado, 3166 Via Poinciana #5, Lake Worth, FL 33467. . Respondent was duly notified by correspondence dated November 19, 2019, that the Superintendent was recommending the suspension without pay and termination of Respondent’s employment to the School Board at a School Board Meeting on December 11, 2019. (A copy of this correspondence is attached as Exhibit A.) Respondent, through counsel, timely requested a hearing in DOAH on the proposed suspension of her employment on November 25, 2019. (A copy of this correspondence is attached as Exhibit B.) FACTS RELIED ON TO ESTABLISH VIOLATION Respondent was hired by the School Board on January 7, 1997. At all times relevant to this Administrative Complaint, Respondent was employed as a teacher. At all times relevant to this Administrative Complaint, Respondent worked at West Gate Elementary School. On or about October 30, 2018, Respondent electronically signed the Code of Ethics Acknowledgement Receipt, indicating that she completed the mandatory annual Code of Ethics training and agreed to comply with School Board Policy 3.02, Code of Ethics, throughout her employment. . On or about February 25, 2019, was instructed by Assistant Principal, Jennifer Mooney, to report to her classroom. Respondent disregarded Ms. Mooney’s directive. Respondent’s disregard for this directive resulted in another employee missing her planning period and Respondent’s students missing their Fine Arts class. 12. Respondent also told another employee not to tell Ms. Mooney that she was asking others to find coverage for her class as she knew Ms. Mooney would get mad. 13. Respondent deliberately and intentionally disregarded Ms. Mooney’s directive to return to her classroom. ADMINISTRATIVE CHARGES AND VIOLATIONS 14. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs 1 through 13 above. 15. Section 1012.22(1)(f), Florida Statutes, allows the district school board to suspend, dismiss, or return to annual contract members of the instructional staff and other school employees.” 16. Pursuant to the Classroom Teacher’s CBA, Article II, Section M, Discipline of Employees (Progressive Discipline), “Without the consent of the employee and the Union, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action.” 17. Respondent is charged with Ethical Misconduct, Gross Insubordination and Failure to Follow Policy/Rule or Directive. 18. Respondent’s Ethical Misconduct is a violation of the following provisions of School Board Policy 3.02, Code of Ethics: a. Subsection (4), Accountability and Compliance: ' Collective Bargaining Agreement between the School Board of Palm Beach County, Florida, and Classroom Teachers’ Association. Each employee agrees and pledges: a. To provide the best example possible; striving to demonstrate excellence, integrity and responsibility in the workplace. b. To obey local, state and national laws, codes and regulations. d. To treat all students and individuals with respect and to strive to be fair in all matters. f. To take responsibility and be accountable for his or her acts or omissions. h. To cooperate with others to protect and advance the District and its students. j. To be efficient and effective in the delivery of all job duties. 19. Respondent’s Failure to Follow Policy/Rule or Directive is a violation of the following School Board Policies: a. Policy 1.013, Responsibilities of School District Personnel and Staff, subsection 1: “It shall be the responsibility of the personnel employed by the district school board to carry out their assigned duties in accordance with federal laws, rules, state statutes, state board of education rules, school board policy, superintendent’s administrative directives and local school and area rules.” b. Policy 3.10, Conditions of Employment with the District, subsection (6): “The District requires its employees to carry out their responsibilities in accordance to School Board Policy 1.013 (as may be amended), their job descriptions and reasonable directives from their supervisors that do not pose an immediate serious hazard to health and safety or clearly violate established law or policy.” 20. Respondent’s Failure to Follow Policy/Rule or Directive is a violation of the following State of Florida Administrative Code rule: a. 6A-5.056 Criteria for Suspension and Dismissal (2) “Misconduct in Office” means one or more of the following: ER (b) A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6A-10.081, F.A.C.; (c) A violation of the adopted school board rules; (d) Behavior that disrupts the student’s learning environment; or (e) Behavior that reduces the teacher’s ability or his or her colleagues’ ability to effectively perform duties. ae aR aR (4) “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or malfeasance as to involve failure in the performance of the required duties. 21. Respondent’s relevant disciplinary history includes the following: a. On April 25, 2012, Respondent received as Written Reprimand for violating Policy 3.02- Code of Ethics when she failed to exhibit good professional judgment in her communications with her Principal when she did not treat others with respect and fairness. b. June 4, 2015, for Respondent received a Written Reprimand for Violating Policy 3.02- Code of Ethics when she engaged in inappropriate comments with co-workers and by failing to abide by her Principal’s directives. 22. In light of Respondent’s disciplinary history, the next step of discipline under Article II of CBA would be suspension without pay. 23. Just cause exists for Respondent to be disciplined by way of a five-day suspension without pay for the violations stated above. PETITIONER’S REQUEST FOR RELIEF WHEREFORE, the School Board requests that the Honorable Administrative Law Judge enter a recommended order declaring that there is just cause for Respondent’s five-day suspension without pay and recommending that the School Board enter a final as to the same. CERTIFICATE OF SERVICE IDO HEREBY CERTIFY that a true and correct copy of the foregoing document was e- filed via DOAH and Electronic Mail to: Nicholas Caggia, Esquire, Counsel for the Respondent, nick@tjlawpa.com & marybeth@tjlawpa.com, located at Law Office of Thomas Johnson, P.A., 510 Vonderburg Drive, Suite 303, Brandon, FL 33511, on this 6th day of January, 2020. School Board of Palm Beach County, Florida General Counsel JulieAnn Rico, Esquire 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8750 Facsimile: 561.434.8105 jean.middleton@palmbeachschools.org lesline.alexander@palmbeachschools.org By: /s/ Jean Marie Middleton Jean Marie Middleton, Esq. Florida Bar No.: 147532

Docket for Case No: 20-000051TTS