STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PROFESSIONAL PRACTICES COUNCIL, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2113

)

THELMA GEORGE CLAY, )

)

Respondent. )

)

This matter came on for hearing in Jacksonville, Florida, on March 10, 1977, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II. Petitioner and respondent appeared through their respective counsel, as follows:

APPEARANCES

For Petitioner: Mr. Ronald C. LaFace, Esquire

Post Office Box 1572 Tallahassee, Florida

For Respondent: Mr. Haldane Taylor, Esquire

605 Florida Theatre Building

128 East Forsythe Street Jacksonville, Florida 32202

RECOMMENDED ORDER

By petition for the revocation of teacher's certificate, as amended ore tenus at the hearing, the Professional Practices Council alleged that respondent Thelma George Clay entered a guilty plea to a charge of grand larceny, adjudication of guilt being withheld, and that respondent "through th[is] . . . misconduct, has failed to perform her duties as an educator as described in Section 231.09, Florida Statutes (1975)." Petitioner called respondent and one other person as witnesses, and introduced court papers as a composite exhibit.

Respondent called two witnesses.

FINDINGS OF FACT

1. On June 19, 1976, respondent's sixteen-year-old daughter was employed as a cashier by Montgomery Ward and Company, (Montgomery Ward) at a department store on Normandy Avenue in Jacksonville. While shopping in the store, respondent cooperated in a scheme by which her daughter proposed to defraud Montgomery Ward. Items with a retail value in excess of one hundred forty dollars ($140.00) were brought to respondent's daughter, who rang up a sale on the cash register of less than three dollars ($3.00). Respondent was charged with grand larceny in an information filed on June 28, 1976, alleging the theft of goods from Montgomery Ward. She pleaded guilty to the information, and on August 17, 1976, an order was entered withholding adjudication of guilt and placing respondent on probation for two years.

2. Carl E. Yedlicka, Jr., a parole and probation officer, supervises respondent as a part of his official duties. He has spoken to her on the telephone, visited her home, and seen her in his office. In his estimation, respondent's is an "excellent case." She has abided by all conditions of probation, has admitted her guilt, and has displayed contrition. A presentence investigation uncovered no prior offenses. In Mr. Yedlicka's opinion, respondent is a good candidate for early termination of probation.

   
   

3. L. Fred Lennertz is principal of Jefferson Davis Junior High School where respondent is employed as a teacher of the educable mentally retarded. He has observed respondent teaching, and has never spoken to her about any deficiency in teaching. He has had no complaints from pupils or parents with reference to the incident in the department store or otherwise.

   
   

4. Gerald DeStefano heads the department at Jefferson Davis Junior High School in which respondent works. He has worked with respondent for five or six years and believes that she "is an excellent teacher." Respondent teaches language arts and does a very good job. She gets along well with fellow teachers. During school time, she sets a good example for the students.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of this matter.

   
   

6. Petitioner has established grounds for disciplinary action against respondent.

RECOMMENDATION

Upon consideration of the foregoing, it is

RECOMMENDED that respondent's teacher's certificate be suspended for a period of thirty days. It is further

RECOMMENDED that the suspension be stayed for the pendency of respondent's probation on the grand larceny charge, at the expiration of which, unless respondent's probation is revoked, the suspension be set aside and respondent be restored to good standing by the Professional Practices Council.

DONE and ENTERED this 7th day of April, 1977, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building

2009 Apalachee Parkway

Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

L. Haldane Taylor, Esq.

605 Florida Theatre Building

128 East Forsythe Street Jacksonville, Florida 32202

Ronald C. LaFace, Esquire Post Office Box 1572 Tallahassee, Florida 32304

Tom Benton

Professional Practices Council

319 West Madison Street Room 1

Tallahassee, Florida 32304

================================================================= AGENCY FINAL ORDER

================================================================= BEFORE THE STATE BOARD OF EDUCATION OF FLORIDA

IN RE: THELMA GEORGE CLAY DOAH CASE NO. 76-2113

/

ORDER

THIS CAUSE came on to be heard before the State Board of Education, duly assembled, upon the Petition of Rita E. Jones as Chairman of the Professional Practices Council for the suspension of the teacher's certificate of the Respondent, THELMA GEORGE CLAY, Department of Education Certificate Number 263725.

It appearing that the Respondent has been granted all procedural and other constitutional rights in the premises, and the Board having had due deliberation thereon and further having reviewed the entire record, the Board makes the following findings of fact and conclusions of law:

1. The Respondent presently holds Florida Teacher's Certificate Number 263725, valid until June 30, 1982.

   
   

2. THELMA GEORGE CLAY entered a plea of guilty to the offense of Grand Larceny (felony) in the Circuit Court of Duval County.

   
   

3. On August 17, 1976, THELMA GEORGE CLAY was placed on probation for a period of two years.

   
   

4. THELMA GEORGE CLAY, through the above alleged misconduct, has failed to perform her duties as an educator as described in Section 231.09, Florida Statutes.

ORDERED AND ADJUDGED that the teacher's certificate of THELMA GEORGE CLAY, Respondent, Department of Education Number 263725, be and the same is hereby suspended for a period of two years, or until the end of the term of probation, beginning August 17, 1976.

DONE AND ORDERED at the State Board of Education meeting in open session at Tallahassee, Florida, as of the 21st day of June, 1977.

Reubin O'D. Askew, Governor; Chairman

Bruce A. Smathers, Secretary of State

Robert L. Shevin, Attorney General

Gerald A. Lewis, Comptroller

Bill Gunter, Treasurer

Ralph D. Turlington, Commissioner of Education; Secretary - Executive Officer

Doyle Conner, Commissioner of Agriculture

As and constituting the State Board of Education of Florida, as assembled for the purposes herein.

Duly recorded in the official records of the State Board of Education of Florida.

I HEREBY CERTIFY that the foregoing Order in the matter of THELMA GEORGE CLAY was finalized and copies were mailed to Dr. Richard Griffith, L. Haldane Taylor, Esquire, and Thelma George Clay this 4th day of August, 1977, by United States Mail.

Hugh Ingram, Administrator Professional Practices Council

Docket for Case No: 76-002113

Orders for Case No: 76-002113