STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY CASTOR, as Commissioner ) of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 90-7100

)

NANNETTE RAMEY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Don W. Davis, held a formal hearing in the above- styled case on April 11, 1991, in Jacksonville, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Lane T. Burnett, Esq.

331 East Union street Suite 2

Jacksonville, FL 32202

For Respondent: Charles F. Henley, Jr., Esq.

111 Riverside Avenue Suite 330 Jacksonville, FL 32204

STATEMENT OF THE ISSUES

The issue for determination is whether Respondent's teaching certificate should be disciplined for alleged violations of Section 231.28(1)(h), Florida Statutes. The resolution of this issue rests upon determinations of whether Respondent used institutional privileges for personal gain or advantage, contrary to provisions of Rule 6B-1.006(4)(c) , Florida Administrative Code; and whether Respondent failed to maintain honesty in all professional dealings, a violation of Rule 6B-1.006(5)(a), Florida Administrative Code.

PRELIMINARY STATEMENT

By letter dated October 29, 1990, Counsel for Respondent replied to Petitioner's Administrative Complaint which charges Respondent with misconduct through the use of institutional privileges for personal gain or advantage and failure to maintain honesty in professional dealings, violations of Rule 6B- 1.006(4)(c) and Rule 6B-1.006(5)(a), Florida Administrative Code.

Respondent requested a formal administrative hearing on the charges contained in the Administrative Complaint. The matter was transferred to the Division of Administrative Hearings to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes

Charges of the administrative complaint, if proven by clear and convincing evidence, constitute grounds for imposition of discipline of Respondent's professional certification pursuant to Section 231.28(1), Florida Statutes.

At the hearing, Petitioner presented the testimony of five witnesses and three evidentiary exhibits. Respondent presented the testimony of four witnesses, including herself, and 9 evidentiary exhibits. Another four exhibits presented by Respondent were rejected.

The transcript of the hearing was filed with the Division of Administrative Hearings on May 6, 1991. Proposed findings of fact submitted by the parties are addressed in the appendix to this recommended order.

FINDINGS OF FACT

1. Respondent is Nannette V. Ramey. She holds Florida Teaching Certificate No. 408980 covering the areas of elementary education and school principal. The certificate was issued on July 1, 1976, and was renewed shortly before the final hearing in this case.

   
   

2. During the 1988-89 school year Ramey was employed as the principal of Oceanway Elementary School by the Duval County School Board in Jacksonville, Duval County, Florida.

   
   

3. Ramey produced a publication on school paper in black ink which set forth helpful hints to teachers at the school regarding educational techniques. The publication was entitled "Teacher's Tips" and was similar to the commercial teacher information booklet, "Master Teacher." The commercial booklet had been purchased and distributed at the direction of Ramey's predecessor at the school during the previous school year.

   
   

4. Once a week during the 1988-89 school year at Oceanway Elementary, a copy of the "Teacher's Tips" publication was placed in each teacher's mailbox for their assistance.

   
   

5. An industrious individual who likes a good deal, including real estate ventures, Ramey felt that she could sell subscriptions to the "Teacher's Tips."

   
   

6. In January of 1989, Ramey began developing the idea of a commercial "Teacher's Tips." In March of 1989, she began acquiring subscribers to "Teacher's Tips" outside of Duval County through magazine advertisements and personal contacts.

   
   

7. Ramey's commercial version of "Teacher's Tips" was distributed outside of Duval County, carried an annual subscription price tag of $9.99, and was distributed in Florida, Ohio and Canada.

   
   

8. While printed on the same size paper as the free in- school version of the publication, the commercial version of "Teacher's Tips" was tri-folded and displayed Ramey's name as publisher along with her post office box number.

9. During the 1988-89 school year, Ramey employed a teacher's assistant to work for her. The assistant was named Donna Avera. Avera's duties included running the copy machine, ordering school supplies and other general duties.

   
   

10. During the course of the school day, Ramey gave Avera items to copy for her. Avera's office also served as the storeroom for school supplies and paper.

    
    

11. On some occasions during the spring of the 1988-89 school year, Ramey would instruct Avera to use school supplied colored paper and run copies of the commercial version of "Teacher's Tips" for Ramey.

    
    

12. Ramey also directed Avera to attempt to copy addresses of subscribers to the commercial version of "Teacher's Tips" onto blank mailing labels through use of the school copying machine. Avera's attempts with the copy machine in this respect were less than perfect with some names overlapping on some labels, but Ramey used the labels anyway.

    
    

13. Ramey also instructed Avera during school hours to fold copies of the commercial version of "Teacher's Tips" for subsequent mailing.

    
    

14. On one occasion in the spring of 1989, a copy machine company representative temporarily placed a demonstrator copier at the school at Ramey's request. The copier was at the school from May 9 through May 29, 1989.

    
    

15. Ramey planned in advance to use the demonstrator copier for her personal use, recognizing what she termed "a perfect opportunity". She even purchased paper in anticipation of running off commercial copies of "Teacher's Tips" on the machine.

    
    

16. The copier also possessed the capability to print different color inks. For instance, the version of the "Teacher's Tips" used within the school was printed on white or blue paper with black ink. The commercial version of the publication was run off in blue, pink, green, yellow and goldenrod colored paper.

    
    

17. Avera assisted Ramey one day when the demonstrator copier jammed by unjamming the machine and running off numerous copies of the commercial version of "Teacher's Tips."

    
    

18. During the period of time when the demonstrator copier was at the school, Avera noticed on each Monday that someone had evidently been there over the weekend making copies of the commercial version of "Teacher's Tips". Avera found copies of the commercial version jammed in the copy machine, the trash can, and spread out on a table. Notes bearing Ramey's initials would be found on the copier apologizing for jamming the machine.

    
    

19. Another teacher's assistant, Nancy Gately, observed different colored paper being used in the copy room, along with placement of white identification cards bearing Ramey's name in booklets for Ramey to distribute during a trip.

    
    

20. The booklets had colored commercial "Teacher's Tips" with them.

    Gately and Avera spent one day preparing them. The quantity of the booklets was sufficient to cover a cafeteria table.

21. Avera ran errands for Ramey. Some of the errands were school related, other errands were personal to Ramey's needs. Avera sought travel reimbursement from the school bookkeeper. Ramey, overhearing Avera's request for reimbursement, called Avera into her office and offered the use of a private car in which to do the errands.

    
    

22. Avera subsequently made inquiry with an attorney for the teacher's union regarding her right to receive travel expense reimbursement. She revealed the nature of her errands and that she was assisting Ramey in the preparation and dispersal of the commercial version of "Teacher's Tips." As a result of her revelations to the attorney, Avera learned she was participating in improper activities.

    
    

23. After Avera's visit to the attorney for the teacher's union, Ramey confronted Avera in late September or early October of 1989. She advised Avera that the matter of mileage reimbursement should be immediately dropped.

    
    

24. The relationship between the two women deteriorated rapidly after Ramey's confrontation with Avera. Eventually, Avera instituted a grievance against Ramey by letter dated February 22, 1990. The letter recounted various altercations between the two individuals in January and February of 1990.

    
    

25. On one occasion, Ramey remarked to the school bookkeeper, Ms. Dale Mahan, that the commercial version of "Teacher's Tips" was doing well. Ramey told Mahan that the success of such a venture involved finding a product that did well, then copying and selling your own version of it.

    
    

26. Ramey was observed at various times by Mahan folding and addressing the commercial version of "Teacher's Tips" while on school time.

    
    

27. Mahan was the custodian of copy records for the maintenance agreements for the copy machine at the school. She gave these records to her successor, Vickie King, who became the bookkeeper in the fall of 1989.

    
    

28. After King became the bookkeeper, Avera requested that King should examine the copy machine records in King's possession and ascertain that the records were complete. King reviewed the records and confirmed to Avera that they were complete.

    
    

29. Later, Ramey asked King for all of the copying records and took them with her. Upon returning the records to King, the written records from the prior year concerning the monthly number of how much paper was used was not in the file.

    
    

30. These records provided documentation regarding whether the school was staying within the copy limits of the maintenance agreement. If copy numbers exceeded the number established in the agreement, an additional copying charge would levied against the school.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

32. Petitioner has the burden of proving the charges set forth in the administrative complaint by clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

33. The administrative complaint charges Respondent with misconduct through the use of institutional privileges for personal gain or advantage and failure to maintain honesty in professional dealings, violations of Rule 6B- 1.006(4)(c) and Rule 6B-1.006(5)(a), Florida Administrative Code.

    
    

34. The evidence received at the final hearing clearly and convincingly establishes Respondent's misconduct through her inappropriate use of school materials, faci1ities and personnel in order to copy, fold and mail commercial versions of her "Teacher's Tips" publication.

    
    

35. Rule 6B-1.006(4)(c), Florida Administrative Code, proscribes the use of institutional privileges for personal gain or advantage. That Ramey was responsible for the placement of the demonstrator copier at the school and recognized a "perfect opportunity" to use the machine for her personal use, is uncontested. She even purchased paper in anticipation of running off commercial copies of "Teacher's Tips" on the demonstrator machine during its placement at the school. The proof also establishes that at other times Ramey engaged in the indiscriminate use of copy paper purchased by the school for school use to print her own commercial publication, "Teacher's Tips," an adaptation from the "Master Teacher" materials.

    
    

36. Ramey's extensive use of school personnel and the school copier for her personal use constituted misuse of the privileges of her position as a principal for personal gain and advantages.

    
    

37. Such conduct by Respondent is also a departure from requirements of Rule 6B-1.006(5)(a), Florida Administrative Code, that a certificate holder maintain honesty in all professional dealings.

    
    

38. Respondent's actions constitutes violations of rules of the State Board of Education. As a result, the Educational Practices Commission is authorized pursuant to Sectidn 231.28(1), Florida Statutes, to revoke or otherwise impose disciplinary measures upon Respondent's teaching certificate.

    
    

39. The Educational Practices Commission is also authorized pursuant to Section 231.262(6), Florida Statutes, to impose penalties for Respondent's misconduct. Authorized sanctions may include one or more of the following: certificate revocation or suspension; imposition of administrative fines not exceeding $2,000 for each count of an administrative complaint; placement of the teacher, administrator, or supervisor on probation for such time, and under such conditions, as may be specified by the Commission; and reprimand of the teacher, administrator or supervisor in writing with a copy to be placed in the individual's certification file.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that a Final Order be entered finding Respondent guilty of misconduct through the use of institutional privileges for personal gain or advantage and failure to maintain honesty in professional dealings, violations of Rule 6B-1.006(4)(c) and Rule 6B-1.006(5)(a), Florida Administrative Code.

IT IS FURTHER RECOMMENDED that such Final Order place Respondent's license on probation for a period of three years upon reasonable terms and conditions to be established by Petitioner, including a condition that Respondent enroll in and successfully complete six hours of continuing education courses in the subject area of ethics in public administration.

DONE AND ENTERED this 17th day of June 1991, in Tallahassee, Leon County, Florida.

DON W.DAVIS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Fl 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 1991.

APPENDIX

The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties.

Petitioner's Proposed Findings.

1.-11. Adopted in substance, though not verbatim. 12.-13. Rejected; unnecessary.

14.-50. Adopted in substance, though not

verbatim.

5l.-52. Rejected; Unnecessary. Respondent's Proposed Findings.

1. Accepted.

2.-3. Rejected, unnecessary.

1. Rejected, not supported by weight of evidence.

2. Rejected, creditability.

6.-7. Rejected, not supported by weight of evidence.

8. Rejected, unnecessary.

9.-10. Rejected, not supported by weight of evidence, as to allegations that Avera's testimony supports finding that use of school copier was solely limited to after school hours.

11.-12. Addressed.

1. Rejected, not supported by weight of the evidence.

2. Rejected, argumentative, not support by weight of the evidence.

15.-16. Rejected, creditability.

17.-22. Rejected, argumentative.

COPIES FURNISHED:

Lane T. Burnett, Esq.

331 East Union Street Suite 2

Jacksonville, FL 32202

Charles F. Henley, Jr., Esq.

111 Riverside Avenue Suite 330 Jacksonville, FL 32204

George A. Bowen Acting Exec. Dir.

301 Fla. Education Center

325 W. Gaines St. Tallahassee, FL 32399-0400

Jerry Moore, Administrator Professional Practices Services

352 Fla. Education Center

325 W. Gaines St. Tallahassee, FL 32399-0400

Sydney H. McKenzie General Counsel

The Capitol, PL-08 Tallahassee, FL 32399-0400

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-007100

Orders for Case No: 90-007100