STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FRANKLIN B. ETHERIDGE, )

)

Petitioner, )

)

vs. ) CASE NO. 89-4409

) SCHOOL BOARD OF POLK COUNTY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a telephone conference call was held on August 17, 1989, to consider Respondent's Motion to Dismiss filed in this cause.

APPEARANCES

For Petitioner: John F. Laurent, Esquire

Post Office Box 1018 Bartow, Florida 33830

For Respondent: Clarence A. Boswell, Jr., Esquire

Post Office Box 391 Bartow, Florida 33830

FINDINGS OF FACT

1. On November 11, 1989, Respondent forwarded a request for hearing by Petitioner to contest his suspension without pay and dismissal by the school board. Due to insufficient information being furnished, no case was opened. Subsequent administrative oversight resulted in no action being taken on this request by the Division of Administrative Hearings.

   
   

2. By letter dated June 5, 1989, Petitioner, by and through his attorney, requested the status of the hearing requested by the school board in November 1987. In response thereto, Respondent filed the Motion to Dismiss that constituted the basis for the telephone conference call.

   
   

3. At this conference call hearing, Petitioner conceded that all facts recited in the Motion to Dismiss are accurate and, that on May 14, 1987, Petitioner and the Florida Department of Education entered into a Stipulation for Settlement wherein Petitioner's teaching certificate was suspended for one year retroactive to April 25, 1986.

   
   

4. Petitioner was suspended without pay by Respondent on May 14, 1986, based upon his arrest for the offense which resulted in the suspension of his teaching certificate by the Department of Education.

   
   

5. Petitioner was subsequently terminated by Respondent on May 26, 1987, retroactive to May 14, 1986, the date he was suspended without pay.

6. On the effective date of Petitioner's termination by Respondent, May 14, 1986, he did not hold an active teaching certificate from the State Department of Education and was not qualified to work as a teacher in any Florida public school.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

8. Section 231.15, Florida Statutes, provides in pertinent part:

   
   

   Each person employed or occupying a position as ... teacher ... in

   any public school of any district

   of this state shall hold the certifi- cate required by law and by the rules of the state board in fulfilling the requirements of the law for the type of service rendered.

   
   

9. When Petitioner's teaching certificate was suspended by the State Board of Education, Petitioner became ineligible, by operation of law, for employment as a teacher in any public school in this state, and his dismissal by Respondent was authorized and proper.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is recommended that Franklin B. Etheridge's request for hearing to challenge his dismissal by the School Board of Polk County be denied, and Respondent's Motion to Dismiss be granted.

Entered this 18th day of August, 1989, in Tallahassee, Florida.

K.N. AYERS 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 18th day of August, 1989.

COPIES FURNISHED:

Dr. John A. Stewart Superintendent

Polk County Schools Post Office Box 391 Bartow, Florida 33830

Honorable Betty Castor Commissioner of Education The Capitol

Tallahassee, Florida 32399-0400

Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08

Tallahassee, Florida 32399-0400

C. A. Boswell, Esquire School Board of Polk County Post Office Box 391

Bartow, Florida 33830

John F. Laurent, Esquire Post Office Box 1018 Bartow, Florida 33830

Docket for Case No: 89-004409

Orders for Case No: 89-004409