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BROWARD COUNTY SCHOOL BOARD vs KENNETH W. MILLER, 20-001335TTS (2020)

Court: Division of Administrative Hearings, Florida Number: 20-001335TTS Visitors: 23
Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: KENNETH W. MILLER
Judges: DARREN A. SCHWARTZ
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Mar. 10, 2020
Status: Closed
Recommended Order on Tuesday, November 10, 2020.

Latest Update: Sep. 29, 2024
Summary: Whether just cause exists for Petitioner to suspend Respondent's employment as a teacher without pay for one day.School Board proved by a preponderance of evidence that teacher's failure to report student's threat to shoot up the school constituted misconduct in office, incompetency, inefficiency, and a violation of School Board policies justifying his suspension.
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Filed February 12, 2021 4:44 PM Division of Administrative Hearings


THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BROWARD COUNTY SCHOOL BOARD,

Petitioner, DOAH CASE No.: 20-001335TTS

vs. SSBM Agenda: 02-09-21-1


KENNETH W. MILLER,


Respondent.

/


FINAL ORDER


THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,


FLORIDA (hereafter referred to as “THE SCHOOL BOARD”) at its meeting conducted on February 9, 20211, to consider: (1) the Recommended Order entered on November 10, 2020, by the Honorable Darren A. Schwartz, Administrative Law Judge (ALJ) of the State of Florida Division of Administrative Hearings; (2) Respondent’s Exceptions to the Recommended Order and (3) the Petitioner’s response thereto.

IT IS THEREUPON ADJUDGED that:


  1. THE SCHOOL BOARD rejects Respondent’s Exceptions to Findings of Fact Numbers 8, 10, 13, 14, 15, and 17 contained in the Recommended Order.

  2. THE SCHOOL BOARD rejects Respondent’s Exception to Finding of Fact Number 18 contained in the Recommended Order.

  3. THE SCHOOL BOARD rejects Respondent’s Exception to Conclusion of Law Number 35 contained in the Recommended Order.



1 The 90-day time period in which a final order must be rendered was waived by consent of the parties.


Copies Furnished to:


ANDREW B. CARRABIS, ESQ.

Broward County School Board Eleventh Floor

600 Southeast Third Avenue Fort Lauderdale, Florida 33301


MELISSA C. MIHOK, ESQ. CPLS, P.A.

201 East Pine Street, Suite 445

Orlando, Florida 32801


ROBERT W. RUNCIE, Superintendent of Schools Office of the Superintendent

The School Board of Broward County, Florida 600 Southeast Third Avenue - 10th Floor

Fort Lauderdale, Florida 33301


STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


APPEAL OF FINAL ORDER


Pursuant to Section 120.68, Florida Statutes, a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 110 South Tamarind Avenue, West Palm Beach, Florida 33401. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.


fritz/allwork/agenda/2021/02092021ssbm miller/final order/final order


Docket for Case No: 20-001335TTS
Issue Date Proceedings
Feb. 12, 2021 Respondent's Exceptions to Recommended Order filed.
Feb. 12, 2021 Agency Final Order filed.
Dec. 08, 2020 Response to Respondent's Exceptions to Recommended Order filed.
Nov. 10, 2020 Recommended Order (hearing held September 14, 2020). CASE CLOSED.
Nov. 10, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 27, 2020 (Amended) Proposed Recommended Order filed by Petitioner.
Oct. 26, 2020 (Petitioner's) Proposed Recommended Order filed.
Oct. 26, 2020 Respondent's Proposed Recommended Order filed.
Oct. 09, 2020 Order Granting Extension of Time.
Oct. 09, 2020 Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
Sep. 29, 2020 Notice of Filing Transcript.
Sep. 29, 2020 Transcript (not available for viewing) filed.
Sep. 14, 2020 Notice of Filing Petitioner's Exhibit 17 filed.
Sep. 14, 2020 CASE STATUS: Hearing Held.
Sep. 11, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 10, 2020 Respondent's Notice of Filing Exhibits filed.
Sep. 09, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Sep. 08, 2020 Notice of Filing Exhibits filed.
Sep. 04, 2020 Joint Pre-hearing Stipulation filed.
Sep. 03, 2020 Petitioner's Notice of Serving Petitioner's Supplemental Response to Respondent's Subpoena dated July 23, 2020 for Production of Documents filed.
Sep. 03, 2020 Notice of Taking Deposition (Wylie Howard) filed.
Sep. 03, 2020 Notice of Taking Deposition (Sabrina Smith) filed.
Sep. 03, 2020 Notice of Taking Deposition (N'Kenge Rawls) filed.
Sep. 03, 2020 Notice of Taking Deposition (Fareed Khan) filed.
Sep. 03, 2020 Notice of Taking Deposition (Emanuel Martin) filed.
Sep. 03, 2020 Notice of Taking Deposition (Debra Clark) filed.
Sep. 03, 2020 Notice of Taking Deposition (Deborah Nesbit) filed.
Sep. 03, 2020 Notice of Taking Deposition (Calvin Golson) filed.
Sep. 03, 2020 Notice of Taking Deposition (Shamar Berry) filed.
Sep. 03, 2020 Notice of Taking Deposition (Marc Galvan) filed.
Sep. 03, 2020 Notice of Taking Deposition (Marc Anthony Douglas) filed.
Sep. 03, 2020 Notice of Taking Deposition (Israel Brown) filed.
Sep. 03, 2020 Notice of Taking Deposition (Anthony Martins) filed.
Aug. 27, 2020 Petitioner's Notice of Serving Supplemental Responses to Respondent's First Set of Interrogatories and First Request for Production filed.
Aug. 19, 2020 Order Denying Petitioner's Motion to Compel Responses to Discovery Propounded on Respondent and Sanctions.
Aug. 18, 2020 Notice of Taking (Virtual) Deposition filed.
Aug. 18, 2020 Notice of Service filed.
Aug. 11, 2020 Petitioner's Motion to Compel Responses to Discover Propounded on Respondent and Sanctions filed.
Aug. 06, 2020 Petitioner's Notice of Serving Responses to Respondent's First Interrogatories, First Request for Production and Respondent's Subpoena Duces Tecum Dated July 23, 2020, filed.
Jul. 24, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 14 and 15, 2020; 9:00 a.m.; Fort Lauderdale).
Jul. 23, 2020 CASE STATUS: Motion Hearing Held.
Jul. 23, 2020 Notice of Intent to Issue Subpoena filed.
Jul. 22, 2020 Joint Motion for Continuance of Hearing filed.
Jul. 08, 2020 Notice of Service filed.
May 08, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 11 and 12, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
May 07, 2020 Unopposed Motion for Continuance of Hearing filed.
Apr. 08, 2020 Petitioner's First Request for Admissions filed.
Apr. 08, 2020 Petitioner's First Interrogatories to Respondent filed.
Apr. 08, 2020 Petitioner's First Request for Production of Documents to Respondent filed.
Apr. 08, 2020 Notice of Service of Petitioner's First Set of Interrogatories, First Request for Production, and First Request for Admissions filed.
Mar. 18, 2020 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 2 and 3, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Mar. 18, 2020 Order of Pre-hearing Instructions.
Mar. 18, 2020 Notice of Hearing by Video Teleconference (hearing set for April 24, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Mar. 18, 2020 Order Granting Motion for Leave to File Amended Administrative Complaint.
Mar. 17, 2020 Petitioner Broward County School Board's Motion for Leave to File Amended Administrative Complaint filed.
Mar. 17, 2020 Joint Motion for Continuance and Setting of Final Hearing via Video Teleconference on June 2 and 3, 2020 filed.
Mar. 17, 2020 Joint Response to Initial Order filed.
Mar. 12, 2020 Initial Order.
Mar. 10, 2020 Agenda Request Form filed.
Mar. 10, 2020 Administrative Complaint filed.
Mar. 10, 2020 Agency action letter filed.
Mar. 10, 2020 Request for Administrative Hearing filed.
Mar. 10, 2020 Referral Letter filed.

Orders for Case No: 20-001335TTS
Issue Date Document Summary
Feb. 09, 2021 Agency Final Order
Nov. 10, 2020 Recommended Order School Board proved by a preponderance of evidence that teacher's failure to report student's threat to shoot up the school constituted misconduct in office, incompetency, inefficiency, and a violation of School Board policies justifying his suspension.
Source:  Florida - Division of Administrative Hearings

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