STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3455

)

MARY A. LILLY, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Miami, Florida, on April 7, 1983, before the Division of Administrative Hearings and its duly appointed Hearing Officer,

1. T. Carpenter. The parties were represented by:

   
   

   For Petitioner: Jesse J. McCrary, Jr., Esquire

   3000 Executive Plaza, Suite 300

   3050 Biscayne Boulevard

   Miami, Florida 33137

   
   

   For Respondent: Ms. Mary A. Lilly

   14990 Northeast 10 Court

   Miami, Florida 33161

   
   

   This case arose on Petitioner's discharge of Respondent from employment based on allegations of unauthorized absences as set forth in its Notice of Charges.

   
   

   FINDINGS OF FACT

   
   

   1. Respondent had been employed by Petitioner as a teacher's aide for approximately eight years, and was so employed at the beginning of the 1982-83 school year. She was terminated by Petitioner at its meeting on December 8 1982.

      
      

   2. Respondent had 34-1/2 days of absences without accrued leave during October, November, and December, 1982. Most of the early absences were authorized by Dr. Patrick Gray, a personnel official of Petitioner's.

      
      

   3. On November 3, 1982, Dr. Gray informed Respondent that she was at that time on unauthorized leave and gave her ten days to request leave or face charges of abandoning her position (Petitioner's Exhibit 1). Respondent's failure to comply with this ultimatum led to her discharge.

      
      

   4. Respondent had serious personal problems during this period. Petitioner attempted to obtain psychiatric assistance for her, which she rejected. Respondent conceded that she abandoned her position, citing low pay and Petitioner's failure to promote her. She voiced these and other grievances with the school system, all of which are beyond the scope of this proceeding.

      CONCLUSIONS OF LAW

      
      

   5. Section 231.44, Florida Statutes (1981) provides:

      
      

      Absence without leave.--Any member of the instructional staff of any district who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his contract shall be subject to cancellation by the school board.

      
      

   6. Subsection 231.36(6), Florida Statutes (1981), provides in part:

      
      

      (6) Any member of the district administrative or supervisory staff and any member of the instructional staff, including any principal, may be suspended or dismissed at any time during the school year; provided that the charges against him must be based on immorality, misconduct in office, incompetency,

      gross insubordination, willful neglect of duty. . .

      
      

   7. The above provisions authorize Respondent's discharge for absence without leave and willful neglect of duty. By failing to secure approval for her absences after November 3, 1982, Respondent was absent without leave and willfully neglected her job responsibilities. Her discharge was, therefore, proper.

RECOMMENDATION

Based on the foregoing, it is

RECOMMENDED that Petitioner enter a Final Order affirming Respondent's discharge from its employment.

DONE AND ENTERED this 6th day of May, 1983, at Tallahassee, Florida.

R. T. CARPENTER, 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 6th day of May, 1983.

COPIES FURNISHED:

Jesse J. McCrary, Jr., Esquire 3000 Executive Plaza, Suite 300

3050 Biscayne Boulevard

Miami, Florida 33137

Ms. Mary A. Lilly

14990 Northeast 10 Court

Miami, Florida 33161

Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1410 Northeast Second Avenue Miami, Florida 33132

Phyllis O. Douglas, Esquire 1410 Northeast Second Avenue Miami, Florida 33132

Docket for Case No: 82-003455

Orders for Case No: 82-003455