STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2275

)

CALVIN JOHNSON, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Clearwater, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on May 24, 1977. Respondent appeared in propria persona and petitioner appeared through counsel.

APPEARANCES

For Petitioner: Mr. Stephen Nall, Esquire

Post Office Box 5069 Clearwater, Florida 33518

By letter dated December 14, 1976, Gus Sakkis, Superintendent of Schools for Pinellas County, notified respondent that he was suspended from his teaching duties without pay for "being absent without leave pursuant to Section 231.44, Florida Statutes, and/or misconduct in office pursuant to section 231.36(36), Florida Statutes;" and that he would recommend that petitioner dismiss respondent for the same reasons.

FINDINGS OF FACT

1. Mr. Ernest Pierce was the principal at Seminole Elementary School for the 1976-77 school year. Respondent Johnson began as a physical education teacher at Seminole Elementary School in the fall of 1976, after working for petitioner as a teacher in secondary schools for eleven years. Discouraged by what he perceived as a demotion, respondent was repeatedly absent from school. On August 30, 1976, respondent's sister telephoned at 8:10 am., ten minutes after teachers at Seminole Elementary School are expected to report for work, with the news that respondent would be absent. The following day, she telephoned at 7:50 a.m., again to say that respondent would be absent. Mr. Pierce told her that he needed to know by 2:00 p.m. the day before of an impending absence, if possible. The next three days in succession, September 1- 3, 1976, respondent continued to be absent from work.

   
   

2. When respondent returned to work, Mr. Pierce discussed with him personally the importance of notifying the school as promptly as possible whenever it was necessary for him to be absent and of notifying the school when an absence would last longer than a single day. On October 4, 1976, respondent was absent from school and the school was not notified beforehand. On November

   22, 1976, respondent's sister notified the school that he would be absent that day. Respondent's absence extended beyond November 22, 1976, even though the school received no notice that it would. After this absence, Dr. Douglas McBriarty, petitioner's Director of Instructional Personnel, Mr. Pierce and respondent had a conference about respondent's absenteeism, and respondent was again told the importance of notifying the school with respect to each day he had to be absent.

   
   

3. On December 7, 1976, respondent's sister telephoned the school to report that respondent was not coming to work that day. In fact, respondent never came to work again.

   
   

4. Mr. Pierce heard nothing further from him until February when two keys arrived at the school. In the meantime, petitioner had suspended respondent.

   
   

5. Respondent was also absent on August 18, 1976, when Ms. Brenda Smith Clark, a resource teacher for elementary physical education, presided over a staff development meeting. Ms. Clark occasionally observed respondent's classes, and is of the opinion that respondent delegated too much work to an assistant who helped with the kindergarten physical education class.

   
   

   CONCLUSIONS OF LAW

   
   

6. Respondent was "willfully absent from duty without leave" within the meaning of Section 231.44, Florida Statutes (1975), and his contract with petitioner is therefore subject to cancellation by the petitioner.

RECOMMENDATION

Upon consideration of the foregoing, and in view of the fact that respondent has indicated, in a posthearing pleading, that he has "no desire to work for the Pinellas School Board," it is

RECOMMENDED:

That petitioner dismiss respondent.

DONE and ENTERED this 24th day of June, 1977, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Stephen Nall, Esquire Post Office Box 5069

Clearwater, Florida 33518

Mr. Calvin Johnson 1151 Kingsley Street

Clearwater, Florida 33516

Docket for Case No: 76-002275

Orders for Case No: 76-002275