STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PALM BEACH COUNTY SCHOOL BOARD, Petitioner, CASE NO. v. MONTANIQUE WINN, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, PALM BEACH COUNTY SCHOOL BOARD, (hereinafter “School Board”), hereby files this Administrative Complaint against Respondent, MONTANIQUE WINN, (hereinafter “Respondent”). The School Board seeks the suspension of Respondent for fifteen (15) days without pay and termination of his employment from the School District, 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 Shawntoyia Bernard, 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 Superintendent has the Filed October 5, 2020 8:00 AM Division of Administrative Hearings authority to recommend to the School Board that an employee of the School Board be suspended and terminated from employment. 4. The Respondent is an employee of the School District of Palm Beach County who was most recently employed as an Assistant Behavioral/Physical Needs II at Lincoln Elementary School. The last known mailing address of the Respondent is 554 W. 3 Street, Riviera Beach, FL 33404. 5. The Respondent was duly notified by letter of the recommendation for suspension and termination on August 24, 2020, a copy of the recommendation is attached hereto as Exhibit “A”. 6. The Respondent timely requested a hearing conducted by an administrative law judge appointed by the Division of Administrative Hearings (DOAH), a copy of his request is attached hereto as Exhibit “B”. MATERIAL ALLEGATIONS 7. This recommendation is based upon conduct occurring during the 2019-2020 school year. 8. At all times relevant to this Administrative Complaint, Respondent was employed as an Assistant Behavioral/Physical Needs II at Lincoln Elementary School. 9. On or about September 23, 2019, Montanique Winn became the subject of an Employee and Labor Relations investigation based upon allegations of policy violations related to Off-Duty Criminal Conduct (2"4 Offense), Self-Reporting of Arrests and Convictions by School District Employee, Ethical Misconduct, Drug and Alcohol-Free Workplace Violation (2"4 Offense), and Insubordination: Failure to Follow Policy, Rule Directives or Statute after she was arrested for and 2-4 DUL 10. The Respondent had been trained in with regard to off-duty criminal conduct and was advised that future off-duty criminal conduct would be subject to discipline up to and including termination. . ADMINISTRATIVE CHARGES AND VIOLATIONS 11. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs | through 10 above. 12. Just cause exists for the Respondent to be disciplined by way of a fifteen (15) day suspension without pay and termination pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat., “allows the district school board to suspend, dismiss, or return to annual contract members of the instructional staff and other school employees”; School Board Policy 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees. 13. Pursuant to the due process provisions of Florida Statutes § 120.569, 120.57, 120.68, 1012.22 and 1012.27, the School Board files this Administrative Complaint for a fifteen (15) day suspension without pay and termination from the School District of Palm Beach County, Florida, for violation of the following: 1. Off-Duty Criminal Conduct School Board Policy 3.02(4)(b), Code of Ethics 2. Self-Reporting of Arrests and Convictions bySchool District Employee School Board Policy 3.13(2), Self Reporting of Arrests and Convictions by School District Employees 3. Ethical Misconduct School Board Policy 3.02(5)(h)(iii) and (h)(iv), Code of Ethics 4. Drug and Alcohol-Free Workplace Violation - 2nd Offense School Board Policy 3 .96( 4)( b), Drug-and Alcohol-Free Workplace 5. Insubordination: Failure to Follow Policy, Rule, Directive or Statute School Board Policy 3.10(6), Conditions of Employment with the District School Boar d Policy 1.013(1), Responsibilities of School District Personnel and Staff 6. Other Supporting Authorities School Boar d Policy 3.27, Suspension and Dismissal of Employees Collective Bargaining Agreement with SEIU/FPSU (Regular), Article 17, Discipline of Employees , (Progressive Discipline) 14. Violations of the above mentioned School Board Policies and Administrative Rules are prohibited by School Board Policy 1.013(1) which states: It shall be the responsibility of the personnel employed by the district School Board to carry out their assigned duties in accordance to federal laws, rules, state statutes, state board of education rules, school board policy, superintendent’s administrative directives and local school and area rules. 15. The foregoing allegations are the basis for charges upon which the employment of the Respondent may be suspended without pay as set forth in § 1012.22(1)(f), Fla. Stat. and 1012.27(5), Fla. Stat.; School Board Policy 1.013, Responsibilities of School District Personnel and Staff, and School Board Policy 3.27, Suspension and Dismissal of Employees; Article II, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056, F.A.C., (2), Misconduct in Office, 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 fifteen (15) day suspension without pay and termination and recommending that the School Board enter a final order as to same. CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that a true and correct copy of the foregoing document was e- filed via DOAH and U.S. Mail to: 554 W. 3 Street, Riviera Beach, FL 33404 on this 2nd day of October, 2020. School Board of Palm Beach County, Florida Shawntoyia Bernard, Esquire — General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8750 Facsimile: 561.434.8105 jean.middleton@palmbeachschools.org vericcia.mccreary@palmbeachschools.org danielle.williams@palmbeachschools.org mary.quesada@palmbeachschools.org By: /s/ Jean Marie Middleton Jean Marie Middleton, Esq. Florida Bar No.: 147532 V. Danielle Williams, Esq. Florida Bar No. 72229 THE SCHOOL DISTRICT OF DONALD E. FENNOY II, Ep.D. FRANK A. BARBIERI, JR., ESQ. Lo ~ PALM BEACH COUNTY, FL SUPERINTENDENT BOARD CHAIR / eCROOL Dis A cs Va) OFFICE of THE SUPERINTENDENT CHUCK SHAW = at] 3300 Forest Hitt BOULEVARD, C-316 Boarb VICE CHAIR oe a ] WEST PALM BEACH, FL 33406-5869 irae RECON MARCIA ANDREWS