STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SCHOOL BOARD OF DADE COUNTY, )
)
Petitioner, )
)
vs. ) CASE NO. 89-6289
)
FREDERICK D. CHARLES, )
)
Respondent. )
)
SUMMARY RECOMMENDED ORDER
This cause came on for consideration of the motion of petitioner, School Board of Dade County, for the entry of a summary recommended order.
STATEMENT OF THE CASE
By letter of November 2, 1989 petitioner, School Board of Dade County, advised the respondent, Frederick D. Charles, as follows:
This is to notify you that The School Board of Dade County, Florida at its scheduled meeting of November 1, 1989, took action to suspend you and initiate dismissal proceedings against you from all employment by the Dade County Public Schools, effective at the close of the workday November 1, 1989, for just cause, immorality and conviction of crime involving moral turpitude, upon such conviction. This action is in accordance- with Sections 230.23(5)(f) and 231.36(6) (a) Florida Statutes, and School Board Rule
6GX13-4A-1.21(1), Responsibilities and Duties, Employee Conduct.
If you wish to contest your suspension and dismissal, you must request a hearing within fifteen calendar days of the receipt of this letter, in which case formal charges will be filed and a hearing will be held before a hearing examiner.
Respondent filed a timely request for hearing with petitioner, and the matter was duly referred to the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes.
On July 23, 1990, petitioner filed a motion for summary recommended order predicated on the assertion that respondent had been convicted of a crime involving moral turpitude as alleged in the amended notice of specific charges. Attached to the motion was a copy of the indictment filed against respondent in
the United States District Court, Southern District of Florida, Case NO. 89-627- CR-ARONOVITZ, which charged that respondent:
did knowingly and intentionally
combine, conspire, confederate and agree . [with others) . . . to possess with intent to distribute a Schedule II narcotic controlled substance, that is, at least five
(5) kilograms of a mixture and substance containing a detectable amount of cocaine and its salt, cocaine hydrochloride, in violation of Title 21, United States Code, Section 841(1)(a).
In violation of Title 21, United Stated Code, Section 846.
Also attached to the motion was a copy of the verdict rendered in such matter on March 15, 1990, which found the respondent guilty as charged.
By order to show cause rendered July 25, 1990, respondent was granted leave until August 17, 1990, to show good cause why petitioner's motion for summary recommended order should not be granted. To date, respondent has not responded to the order to show cause.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 120.57(1), Florida Statutes.
Pertinent to this case, Section 231.36(6)(a), Florida Statutes, provides:
(6)(a) Any member of the instructional staff, excluding an employee specified in
subsection (4), may be suspended or dismissed at any time during the term of the contract; however, the charges against him must be based on just cause as provided in paragraph (1)(a). Whenever such charges are made against any such employee of the school board, the school board may suspend such person without pay; but, if the charges are not sustained, he shall be immediately reinstated, and his back salary shall be paid.
And, Section 231.36(1)(a), Florida Statutes, provides:
(1)(a) Each person employed as a member of the instructional staff in any district school system shall be properly certificated and shall be entitled to and shall receive a written contract as specified in chapter 230. All such contracts . . . shall contain provisions for dismissal during the term of the contract only for just cause. Just cause
includes, but is not limited to, misconduct in office, incompetency, gross insubordination, willful neglect of duty, or conviction of a crime involving moral turpitude. (Emphasis added)
The crime with which respondent stands convicted, possession with intent to distribute at least five kilograms of cocaine, is a crime involving moral turpitude. See: Pearl v. Florida Board of Real Estate, 394 So.2d 189 (Fla. 3d DCA 1981).
Based on the foregoing, it is
RECOMMENDED that petitioner enter a final order sustaining respondent's suspension and dismissing him from employment.
DONE AND ENTERED in Tallahassee, Leon County, Florida, this 6th day of September 1990.
WILLIAM J. KENDRICK
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 6th day of September, 1990.
COPIES FURNISHED:
Jaime C. Bovell, Esquire 1401 Ponce de Leon Boulevard Coral Gables, Florida 33134
Mr. Frederick Charles Metropolitan Correctional Center Flagler Unit
15801 S.W. 137th Avenue Miami, Florida 33177
Mr. Frederick Charles
35303 Southwest 180th Avenue Trailer 337
Florida City, Florida 33034
Madelyn P. Schere, Esquire
School Board Administration Building 1450 Northeast Second Avenue
Miami, Florida 33132
Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132
| Issue Date | Proceedings |
|---|---|
| Jul. 17, 1995 | Final Order filed. |
| Sep. 06, 1990 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Sep. 27, 1990 | Agency Final Order | |
| Sep. 06, 1990 | Recommended Order | Conviction of possesson with intent to distribute cocaine was conviction of crime involving moral turpitude warranting teacher's dismissal. |
