STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PINELLAS COUNTY SCHOOL BOARD, )

)

Petitioner, )

)

vs. ) CASE No. 92-0536

)

LINDA LONG, )

)

Respondent. )

)

SUMMARY RECOMMENDED ORDER

By Motion for Summary Final Order dated March 31, 1993 the Pinellas County School Board, by and through its attorney, requested that this Hearing Officer enter a Summary Final Order in the above-styled case. As grounds therefor it is alleged that Respondent was employed on an annual contract commencing May 23, 1991 and terminating June 5, 1992; that Respondent was discharged on February 13, 1992 prior to the expiration of her contract due to evidence that she had been arrested for possession of hashish and cannabis; that in the criminal trial the evidence was suppressed and Respondent was acquitted of those charges; and that on June 5, 1992 the annual contract of Respondent was not renewed by Petitioner. Petitioner acknowledges that the charges against Respondent can not be proven in these proceedings and that Respondent is entitled to back pay from the date of her discharge, February 13, 1992, until the expiration of her contract on June 5, 1992.

CONCLUSIONS OF LAW

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

Pursuant to Chapter 120, Florida Statutes, the Division of Administrative Hearings does not have authority to enter a Final Order in proceedings such as these but does have jurisdiction to enter a Recommended Order.

The allegations contained in the Preliminary Statement above are corroborated by Respondent's attorney in Response to the charging letter from the Pinellas County Superintendent of Schools dated June 13, 1992. In this Response Respondent requested the administrative proceedings be stayed as Respondent is a defendant in State of Florida v. Linda Long, Case No. 91- 20692CFANO before the circuit court in and for Pinellas County and the facts and circumstances in both the administrative and criminal proceedings are identical.

In the administrative proceeding before this tribunal Respondent, if successful, would be entitled only to back pay for the period of her contract for which she was not paid. Petitioner has agreed to pay this sum to Respondent. Accordingly, further proceedings in this matter would serve no useful purpose.

RECOMMENDATION

It is RECOMMENDED that Petitioner pay to Linda Long the salary to which she was entitled from February 13, 1992 until June 5, 1992, and these proceedings be closed.

DONE and ENTERED this 7th day of April, 1993, in Tallahassee, Leon County, 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 7th day of April, 1993.

COPIES FURNISHED:

Keith Martin, Esquire

Asst. School Board Attorney Pinellas County Schools Post Office Box 2942

Largo, Florida 34649 2942

Linda Long

4065 45th Avenue North

St. Petersburg, Florida 33714

J. Howard Hinesley, Ed.D. Superintendent of Schools Pinellas County Schools Post Office Box 2942 Largo, Florida 34649 2942

Betty Castor

Commissioner of Education The Capitol

Tallahassee, Florida 32399 0001

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 contact 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: 92-000536

Orders for Case No: 92-000536