STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SCHOOL BOARD OF DADE COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-4537

)

NORRINE W. WILLIAMS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on December 6, 1988, in Miami, Florida.

APPEARANCES

For Petitioner: Jaime Claudio Bovell, Esquire

370 Minorca Avenue

Coral Gables, Florida 33124

For Respondent: William DuFresne, Esquire

2929 S.W. Third Avenue, Suite One Miami, Florida 33129

PRELIMINARY STATEMENT

On August 24, 1988, the School Board of Dade County, Florida, at a regularly scheduled meeting, suspended Respondent, a teacher aide, and initiated proceedings to terminate her employment. Respondent timely requested a formal hearing regarding that decision. The matter was referred to the Division of Administrative Hearings, and Petitioner filed a Notice of Specific Charges.

Accordingly, the issues for determination herein are whether Respondent is guilty of the allegations contained within the Notice of Specific Charges, and, if so, whether her suspension should be affirmed and employment terminated.

Petitioner presented the testimony of Sgt. Michael Cole, Ken Holden, Sgt.

James Coopers, Patsy Mason and Dr. James Monroe. Additionally, Petitioner's Exhibits numbered 1-8 were admitted in evidence. No evidence was presented on behalf of the Respondent.

Only the Petitioner filed post-hearing proposed findings of fact in the form of a proposed recommended order. Petitioner's proposed findings of fact numbered 1-11 have been adopted either verbatim or in substance in this Recommended Order.

FINDINGS OF FACT

1. At all times material hereto, Respondent Norrine W. Williams was employed by Petitioner as a teacher aide. She worked at Amelia Earhart Elementary School, a center for special education, for about eight years, including the 1986-1987 school year.

   
   

2. While employed at Amelia Earhart, Respondent had continuing financial problems, which caused bill collectors to call and visit the school site on a daily basis. As a result, the work of the school's office staff was disrupted, many people became aware of Respondent's financial problems, and Respondent and her bill collectors were discussed throughout the school.

   
   

3. On March 30, 1987, Respondent was arrested in the principal's office and taken into custody by United States Secret Service agents. She was charged with credit card offences.

   
   

4. On April 14, 1987, Respondent appeared at a Piggly Wiggly store and attempted to cash a check in the name of Flora Linton. The store manager recognized her as the person who had cashed two previous checks in that name, which checks had been returned to the store because they had been written on a closed account. The store manager summoned a Miami Springs police officer, and Respondent went to the police station with the police officer at his request to discuss the matter. She was joined by a male and by her 76 year-old aunt Flora Linton.

   
   

5. During the questioning at the police station, the police officer determined that Flora Linton did not know that her niece had stolen checks from her and had been forging her name to those checks and cashing them for her own personal gain. Respondent admitted to having issued the two previous worthless checks in the amounts of $125.75 and $84.90. She was not charged with a crime on the condition that she make full restitution to Piggly Wiggly. She did so approximately one week later.

   
   

6. Several months later the Piggly Wiggly store owner was present in his new store on the other side of town when Respondent attempted to cash a check at that store. The check she was attempting to cash was another of the Flora Linton stolen checks, and she had again forged her aunt's name to that check written on a closed account. When approached by the store owner, she recognized him and turned in her check cashing card and walked away.

   
   

7. While Respondent was at the Miami Springs police station on April 14, 1987, a routine background check was run regarding her. It was discovered that there was an outstanding bench warrant for her, and she was taken to the Dade County jail.

   
   

8. On April 20, 1987, Respondent was arrested a second time at the school site and taken into custody by law enforcement officers. She admitted that she had in fact fraudulently obtained a Nieman-Marcus credit card by providing fictitious information on the credit card application. She had subsequently charged $972 worth of merchandise at the Nieman-Marcus store using the fraudulently-obtained credit card. She was charged with second degree grand theft, a felony offense, for fraudulently obtaining a Nieman-Marcus department store charge card. She advised the arresting officers that she had no intention of making restitution to Nieman-Marcus.

9. As was the case with Respondent's first arrest at the school site on March 30, 1987, her second arrest on April 20, was observed by office personnel. In the process of being escorted out of the building her second arrest was evident to teachers and students in the areas outside of the principal's office.

   
   

10. Respondent plead "no contest" to the criminal charges regarding the fraudulent credit card. She was sentenced to probation and was ordered by the Court to make restitution to Nieman-Marcus in the sum of $972. As of the time of the formal hearing in this cause, the deadline for making restitution had passed, and restitution had still not been made.

    
    

11. Although Respondent appeared for the formal hearing in this cause, she left as the proceedings commenced and did not return. Had she remained she would have been arrested by the police officers who testified in this cause since there was still pending an open felony warrant for probation violation for previous worthless checks.

    
    

12. While shopping at the Grand Union, formerly the Miami Springs Piggly Wiggly, the principal of Amelia Earhart saw Respondent's name scotch taped to the cash register with a notice advising the cashiers not to cash checks for that person. That Grand Union is located near Amelia Earhart Elementary School.

    
    

13. The school board rules concerning employee conduct are contained in a staff handbook. Teacher and teacher aides have staff meetings with administrative teams to review the rules and policies of the school board. Respondent attended those meetings and was specifically advised of the school board rules.

    
    

14. Respondent's conduct concerning the issuing of forged and worthless checks, fraudulently obtaining a credit card, having difficulties with bill collectors at the school site, having been adjudicated guilty of grand theft, and failing to pay court costs and make restitution as ordered by the court, constitutes conduct unbecoming a school board employee and misconduct in office in violation of school board rules 6Gx13-4A- 1.21 and 6Gx13-4C-1.01.

    
    

    CONCLUSIONS OF LAW

    
    

15. The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes.

    
    

16. Section 231.36(6)(a), Florida Statutes, provides that a member of the instructional staff of a school board may be dismissed or suspended provided the charges against that person are based on just cause as provided in Section 231.36(1)(a), Florida Statutes. That latter section provides that just cause includes misconduct in office. Respondent's repeated attempts to defraud merchants, her adjudication of guilt on felony grand theft charges, her failure to make court-ordered restitution and to pay court-ordered costs, her spectacle of twice being arrested and taken into custody at the school site, and her involvement of the school site in her financial problems, constitute conduct violative of the school board's rules regarding conduct of its employees, specifically Rules 6Gx13-4A-1.21 and 6Gx13-4C-1.01.

17. The Notice of Specific Charges filed in this cause also charges Respondent with having violated Rules 6B-1.001(3) and 6B- 4.009(2), Florida Administrative Code. Section 6B-1.001(3) provides as follows:

Aware of the importance of maintaining the respect and confidence of one's colleagues, of students, of parents, and of other members of the community, the educator strives to achieve and sustain the highest degree of ethical conduct.

Rule 6B-4.009(2), provides as follows:

Immorality is defined as conduct that is inconsistent with the standards of public conscience and good morals. It is conduct sufficiently notorious to bring the individual concerned or the education profession into public disgrace or disrespect and impair the individual's service in the community.

Both Section 231.141, Florida Statutes, and the Contract between the Dade County Public Schools and the United Teachers of Dade provide that teacher aides are accorded the same protection of laws as certified teachers. The rights and responsibilities of teacher aides being the same as those of teachers, Petitioner has proven that Respondent has violated Rules 6B-1.001(3) and 6B- 4.009(2), Florida Administrative Code.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED THAT:

A final order be entered affirming the Respondent's suspension without pay and dismissing Respondent from her employment with the School Board of Dade County.

DONE and RECOMMENDED this 17th day of March, 1989, in Tallahassee, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 1989.

COPIES FURNISHED:

Jaime Claudio Bovell, Esquire

370 Minorca Avenue

Coral Gables, Florida 33134

William DuFresne, Esquire 2929 S.W. Third Avenue Suite One

Miami, Florida 33129

Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools

Office of Professional Standards 1444 Biscayne Boulevard, Suite 215

Miami, Florida 33132

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399

Docket for Case No: 88-004537

Orders for Case No: 88-004537