STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARY C. GRISTINA, )

)

Petitioner, )

)

vs. ) CASE NO. 81-570

)

DUVAL COUNTY SCHOOL BOARD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on June 9, 1982, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Lyman T. Fletcher, Esquire

2063 Oak Street

Jacksonville, Florida 32204

For Respondent: Candace Wilson, Esquire

Assistant Counsel City of Jacksonville 1300 City Hall

Jacksonville, Florida 32202

ISSUE

Whether or not the Petitioner satisfied the requirements to be classified as a tenured teacher and was thereby entitled to the privileges and rights, afforded to persons employed by Respondent pursuant to the Duval County Teachers Tenure Act. Chapter 21-197, Laws of Florida, Acts of 1941, as amended by Chapter 70-671 and further amended by Chapter 72-576; and the education laws of the State of Florida and the rules and regulations promulgated pursuant thereto.

FINDINGS OF FACT

1. Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

   
   

2. Petitioner, Mary C. Gristina (formerly Mary Helen Campbell), was employed as a full-time teacher from September, 1960 through June, 1964, by the Duval County School Board (Respondent). Petitioner was granted an approved professional leave of absence without pay beginning on August 21, 1964, through June 11, 1965, to pursue graduate studies toward her masters degree. (Joint Exhibit 2) Petitioner was granted an extension of professional leave without pay from August 23, 1965 through June 15, 1966, to continue studies toward

   completion of her masters degree requirements at Florida State University. The above facts are not herein disputed.

   
   

3. What is in dispute however is Petitioner's assertion that during the period in which she was on an approved professional leave of absence from August 21, 1964 through June 15, 1966, she completed all of the requirements for establishing tenure, including teaching (for Respondent) for three (3) consecutive years and securing the requisite hours of continuing education during such time frame, thereby establishing her tenure rights. Respondent, on the other hand, contends that Petitioner failed to establish that she completed the requisite hours of continuing education to be qualified for tenure in the Duval County School System, either while employed or between consecutive years that she was employed. In further support of this contention that the Petitioner failed to qualify as a tenured teacher, Respondent points to the fact that Petitioner was reemployed as an instructional employee pursuant to an annual contract during the 1979-80 school year. (Joint Exhibit 8)

   
   

4. Respondent failed to renew Petitioner's contract for the 1980-81 school year and further refused to employ Petitioner in any other capacity since the 1979-80 school year. Petitioner received notice of Respondent's non-renewal of her employment contract during the late spring of 1980 and at the conclusion of the 1979-80 school year, both orally from her principal and in writing from the personnel department of the Duval County School Board. (Joint Exhibit 9) In this regard, Petitioner was advised by letter dated July 31, 1980, in response to a follow-up of a telephone conversation with Gary Simmons, Respondent's Director of Personnel Systems, that the personnel office had no record of Petitioner having completed six (6) semester hours of college work during any three (3) consecutive years of employment with the School Board.

   
   

5. In support of her position that she in fact satisfied the requirements for appointment as a tenured teacher pursuant to the requirements set forth in the Duval County Teacher Tenure Act, Respondent offered a transcript from Wagner College, Staten Island, New York, for three (3) semester hours' credit for Exploring Art in New York. That transcript shows an entrance date of July, 1964. Respondent rejected Petitioner's application for credit for the Wagner College course based on the fact that the entrance date of the art course was neither during any school year that she was employed nor between consecutive years that she was employed by the Respondent School System. (Joint Exhibit 5)

   
   

6. During times material herein, Respondent had a procedure whereby instructional employees could request permission to substitute other educational work in lieu of the tenure law summer school course work requirements. 1/

   
   

7. Finally, Petitioner points out that she was handed a contract by a secretary while teaching during December, 1979, which she was not afforded an opportunity to review before executing. She was not therefore aware that she was in fact signing an annual contract for employment with the Respondent School Board. Petitioner contends that she completed her course work necessary to be qualified for a tenured teacher during the summer of 1964; however, she did not submit a transcript reflecting completion of such course work to Respondent because of her belief that she felt that she was employed as a tenured teacher and therefore, submission of the transcript was not required.

   
   

8. In this connection, Personnel Systems Director Gary Simmons noted that if Petitioner had returned for employment and had taught during the 1964-65 school year, her services would have been continuous and she would have been employed as a tenured teacher under such a contract.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

10. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

    
    

11. Petitioner failed to establish, by competent and substantial evidence, that she satisfied the requirements for employment with the Respondent as a tenured teacher pursuant to the Duval County Teacher Tenure Act. The evidence reveals that Petitioner satisfied the three (3) year criteria; however, she failed to satisfy the further requirement of completing six (6) semester hours of college work during any three (3) consecutive years while employed with the Respondent School Board. Additionally, petitioner did not satisfy the teacher tenure requirement on an alternative basis by approval of the "in-lieu-of" requirement as utilized by the Respondent during the period in question.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby

RECOMMENDED:

That the Duval County School Board enter an order denying Petitioner's claim to be afforded the rights and privileges afforded teachers who have satisfied the Duval County Teachers Tenure Act and, in accordance therewith, that she be denied all additional relief requested such as reinstatement with back pay etc., pursuant to the Amended Petition for administrative hearing filed herein.

RECOMMENDED this 9th day of September, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of September, 1982.

ENDNOTE

1/ A form utilized by the Respondent to consider such requests was introduced into evidence and received over objection from Petitioner's counsel. Petitioner did not avail herself of such substitution procedure.

COPIES FURNISHED:

Lyman T. Fletcher, Esquire 2063 Oak Street

Jacksonville, Florida 32204

Candace Wilson, Esquire Assistant Counsel

City of Jacksonville 1300 City Hall

Jacksonville, Florida 32202

Herb A. Sang, Superintendent Duval County School Board 1325 San Marco Boulevard Jacksonville, Florida 32207

Docket for Case No: 81-000570

Orders for Case No: 81-000570