SCHOOL BOARD OF ORANGE COUNTY, . 2, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, a Petitioner : D vs. Bruce MeMillian Respondent ADMINISTRATIVE COMPLAINT RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Bruce McMillian (hereinafter referred to as “Respondent’). Petitioner seeks the severance of Respondent's professional services contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. 2. The Respondent holds a professional services contract of employment with the School Board of Orange County, Florida. 3. That on or about May 27, 4994, the Respondent received directives to avoid the inappropriate use of physical force when dealing with students and to conduct himself in a professional manner when dealing with students, staff and community. 4. That on or about January 7, 2004, the Respondent was arrested by Orange County Sheriffs Department and charged with six felony counts: burglary to an occupied conveyance, robbery by sudden snatching, stalking, false imprisonment, simple battery and petit theft. Attached hereto and incorporated herein as Exhibit “A” is the Charging Affidavit. 5. That Respondent was absent without authorized leave from January 12, 2004 through January 22, 2004. 6. In ameeting held on January 14, 2004, the Respondent declined to provide a written statement in response to the allegations as requested by management and in accordance with Management Directive A-10. Attached hereto and incorporated herein as Exhibit “B” is Management Directive A-10. 7. In a meeting held on January 22, 2004, Respondent stated that he was unable to report to work between January 7, 2004 and January 20, 2004 because he was incarcerated from January 7, 2004 through January 10, 2004. Respondent stated that upon his release on January 10, 2004, he was placed on home confinement. Respondent stated that the provisions of his home confinement included a monitoring device and that the monitoring device was removed on January 20, 2004. 8. Such actions by the Respondent are in violation of School Board Policies and constitute absence without authorized leave, misconduct in office, willful neglect of duty, gross insubordination, conduct unbecoming a public employee, and a breach of Respondent's employment agreement with the School Board. 9. Said violations are sufficient grounds to sever the professional services contract ’ status of Respondent, Bruce McMillian, and to terminate his employment with the School Board of Orange County, Florida. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional services contract relationship with the Respondent and terminate immediately the employment of Respondent, Bruce McMillian for the reasons stated in paragraph 8 herein and pursuant to Section 1012.67, Florida Statutes. Dated this 10" day of February 2004. SupernAtendent, The School Board of Orange County, Florida - 445 W. Amelia Street Orlando, Florida 32801 (407)317-3411 ~ EXHIBIT — A range County . Page tot _5_ ; Charging Affidavit. Ft _ Boose” 02/07/2004 [75° | Wie PrDEBOSOO | Nimes Winter Garden Police Dept. | Becton "auton meet? = Yer NOE] FOKUNCIC Check? Yeo BN [J pote 01/07/2006 Teeet i216 ‘Streat Narn Business Name or Address: rity: fp toa DORESSOFARREST £55 SOUTH PARK AVE # G-43 WINTER GARDEN 34767 [iuuaen? $0 ADULT imate ME - Race: Sex: 3. LEM: MOMILLIAN BRUCE LENARD 5B x 01/25/1961 Steet Num, Pre-Dir:, tRame: [ _ $22 SOUTH PARK . AVE Code: WW WINTER GARDEN ee Pn fom, -407 «656-9878 fears sao [nos | aux | (gta cma ORLANDO, FL, USA MaNSte APOPKA MIDDLE SCHOOL COACH AKA: ta = o— Street Hum, Peeidk:, Gtreet Nama: : . - Road-Designator: an —— t 4 . State (Business): 2ip Cade (Business): * Bueinest on se wiver’s Lk EGE, aassovacieavo PeeRY el OSE FELONY [> TRAFFIC [] mispemcanor [7] onDINaNce [[] } Gout CIRCUIT COURT é a1) ig a P | Fssirt | Suttix | citation Numter | 4 [sso on] ese |S 2 ROBBERY (SUDDEN SHATCHING) | saz ast | TCsd 3 ma ots | |S 4 a = BATTERY (SIMPLE) Tea. 03 eee | Cid o i N ° rey ~ ROMA REE Coors Avex? YT] NC} ret] Med {] tat] od fl] conere2 Avocet VEIN) rE] matt) tart) off) | NAME DOB: Age: i RM Name re | a a eee AEUCeVEhUOM The undersigned has probable cause to believe the above-named defendant, onthe _31 day of DECEMBER. _2003 at approximately 1800 at 14207 WEST COLONIAL DR (Zone: _2_ ) In Orange County did: COMNIT THE CRIMES OF BURGLARY TO AN QCCUPIED CONVEYANCE, ROBBERY BY SUDDEN SNATCHING, STALKING, FALSE IMPRISONMENT, BATTERY (SIMPLE) AND PETIT THEFT. : z SEE ATTACHED NARRATIVE Address: mp WA Rat ‘ONS Sapam, maw an ww Swom to and subsorbed beforermn, the undersigned DCF Netited? Yes] No Le fy FTTH BARTKO, WILLIAM N dR OFREETS TED WE ier Name yy Paneer” 407 656-3636 FOR CORRECTIONS USE ONLY EH Sd fey Ervlorcemortt or Carrections Otncer CJ Pereonaty Known CJ Produced identification CJ i i +e ‘ontinuation of: & Charging Affidavit Hi Notice to f° Appent edie MOMTLLTAR BRUCE LENARD Gare 04000080 Witesinwes The undersigned has probable cause to believe the above-named defendant, onthe 31 day of. DECEMBER... _2003 at approximately 1800 at 14207 WEST COLONIAL DR (Zone: _2. ) in Orange County did: M 01/06/2003 AT APPROXIMATELY 2230 ARS, I MADE CONTACT WITH ORTIZ (VECTIM) AT HER RESIDENCE IN EFERENCE TO AN INCIDENT THAT OCCURRED ON 3 DIFFERENT DATES. ORTIZ STATED THAT ON 12/31/2003 av PPROXINATELY 6 PH WAS AT BEALLS OUTLET (14207 WEST COLONIAL DR) AND HAD INQUIRED ABOUT MELOYMENT. ORTIZ STATED THAT AN EMPLOYER ASKED HER OUT LOUD FOR HER NAME AND HER PHONE NUMBER DUE © NOT HAVING ANY APPLICATIONS AT THIS TIME. ORTIZ STATED THAT SHE GAYE THIS EMPLOYEE HER NUMBER XD NAME. ORTIZ STATED THAT SHE THEN EXITED THE STORE AND BEGAN DRIVING TOWARDS SR 50 WHEN SHE WEERVED A GREEN ‘TOYOTA CAMRY PULL NEXT TO HER VEHICLE AND THEN PARKED IN FRONT OF HER CAR MAVERTING HER TO CONTINUE TO DRIVE ANYMORE. ORTIZ STATED THAT AN UNKNOWN BLACK MALE EXITED Yhe ~~ 'EHICLE AND WALKED TO HER DRIVER SIDE WINDOW WHICH HAS ROLLED DOWN. ORTIZ STATED THAT THE MALE MEGAN SAVING HOW PRETTY SHE WAS AND HOW SHE HAD PRETTY HAIR AND PRETTY EYES. ORTIZ STATED THAT THE (KLE THEN SAID HE LIKED THE SUN GLASSES THAT SHE HAD ON HER HEAD AND TOLD HER TO GIVE THEM TO HIN $0 ™ CAN REMEMBER HER, ORTIZ STATED THAT THE MALE THEN REACHED INTO HER VEHICLE AND ATTEMPTED 70 YEMOVE THEM FROM HER HEAD. ORTIZ STATED THAT SHE MOVED HER HEAD AROUND TO PREVENT HIM FROM TAKING ‘HEM. ORTIZ STATED THAT THE BLACK MALE THEN REACHED IN ACROSS HER BODY AND GRABEED A BLACK PAIR OF ‘UN GLASSES THAT WERE ON THE PASSENGER SIDE SEAT. ORTIZ STATED THAT HE THEN REMOVED THEN FROM THE SAR AND BEGAN SAYING THAT HE WANTED TO BUY HER A PRETTY DRESS AND ASKED HER IF SHE HAD A BOYFRIEND. WTTL REPLIED BACK TO HIM SAYING THAT SHE HAD A HUSBAND AND SHE STATED THAT THE MALE JUST ROLLED HIS YES. ORTIZ STATED THAT THE MALE THEN ASKED WHERE SHE LIVED AT. ORTIZ STATED THAT SHE TOLD HIM ‘TO PLEASE LEAVE HER ALONE, AND THE MALE CONTINUED TO ROLL HIS EYES. ORTIZ STATED THAY THE MALE THEN LEANED ON HIS VEHICLE WITH HIS ARNS CROSSED AND JUST LOOKED AT HER. ORTIZ STATED THAT THE MALE SHOWED HER A PIECE OF PAPER WITH HER NAME ON IT AND ASKED HER IF TRIS WAS THR CORRECT NUMBER. ORTIZ — TATED THAT SHE THEN PLACED. HER CAR IN REVERSE AND LEFT THE AREA ON SR 50. ORTIZ STATED THAT SHE DROVE TO THE SUPER’TARGET IN CLERMONT IN FEAR THAT HE WAS FOLLOWING HER. ORTIZ STATED THAT SHE THEN DROVE HOME AND TOOK A DIFFERENT ROUTE JUST IN CASE HE-WAS IN THE AREA. ORTIZ STATED THAT WHEN SHE RERIVED HOME HER ROOMMATE (YOLANDA) TOLD HER THAT SOME GUY JUST CALLED ARD ASKED IF SHE WAS ROME AND MT WHAT TIME ORTIY WILL BE HOME. YOLANDA ADVISED THIS UNKNOWN MALE THAT SHE DIDN'T KNOW WHEN SHE MILL. BE HOME AND. ASKED WHO HE WAS AND HE HUNG THE PHONE UP ON HER. ‘YOLANDA ADVISED THAT SHE WAS RBLE TO WRITE DOWN HIS PHONE NUMBER DUE TO HAVING IT ON CALLER ID. ORTIZ STATED THAT ON 01/04/2004 AT APPROXIMATELY 5:30 PM, SHE WAS LOADING A BICYCLE INTO HER CAR KEEN SHE OBSERVED TRE SAME GUY AND THE SAME VEHICLE DRIVE UP TO HER WHILE SHE WAS OUTSIDE IN THE KEARTMENT: COMPLEX PARKING LOT. ORTIZ STATED THAT THE. SAME GUY ASKED HER IF SHE NEEDED HELP AND SHE TOLD HIM NO AND TO GO. ORTIZ STATED THAT HE SAT INSTDE OF HIS CAR FOR A COUPLE OF MINUTES AND LOOKED AT HER AND THEN LEFT. ORTIZ STATED THAT ON 01/06/2004 AT APPROXIMATELY 10:00 PM, SHE WAS AT K-MARY (13105 WEST COLONIAL DR) WALKING THROUGH THE PARKING LOT TO HER VEHICLE WHEN SHE OBSERVED THE SANE GUY AND SANE VEHICLE PULL NEXT JO HER. ORTIZ STATED THAT THE MALE YELLED "BRENDA, STOP". ORTIZ STATED THAT HE DID THIS | 4A FEM TIMES AND CONTINUED TO DRIVE NEXT TO HER. ORTIZ-STATED THAT SHR ARRIVED TO HER CAR WHEN HE PULLED IN NeXt 10 HER AND EXITED HIS VEHICLE. ORTIY, STATED THAT THE MALE APPROACHED HER AND SHE ASKED HIM WHAT HAPPENED. ORTIZ, STATED THAT THE MALE SAID GIVE ME A HUG AND ATTEMPTED TQ HUG HER as 5 mt Dany sane meres! we ta hs FUSGAR pans eat, Veh Lt hésa [0 tatiry Pub Law Enforcement or Corrections Officer Cificer's Name = ton versal Kener Produced Wentification Rey: 141 pices Bat. 407 656-3636 mma WSEA Hd AAPUAWINERANRT Nini AAR rey Sonti nuation of: i Charging Affidavit Hl Notice to Appear BuUSeAeos The undersigned has probable cause ta belleve the above-named defendant, on the i day of DECEMBER. 2003 at approximately 1800 at 14207 WEST COLONIAL DR (Zone: _2_ )In Orange County did: BY PUTTING HIS ARMS AROUND HER NECK AREA AND PULLED ORTIY. TOWARDS HIN, TELLING HIM TO LEAVE HER ALONE AND NOT TO TOUCH HER. ORTIZ STATED THAT THE MALE THEN BEGAN RUBBING HER RIGHT FOREARM AND KEPT SAYING HOW PRETTY SHE WAS AND THAT SHE SHOULD HUG HIM. ORTIZ STATED SHAT THE MALE THEN GRABBED HER CAR KEYS FROM HER HAND WHICH SHE WAS HOLDING ONTO. ORTIZ STATED THAT THE MALE THEN LEANED ON HER DRIVER SIDE DOOR PREVENTING HER FROM GOING ANTWHERE AND STATED THAT Ly hE DIDN'T GET A RUG, THEN SHE WONT GET HER KEYS BACK. ORTIZ STATED THAT SHE WAS GOING TO CALL THE POLICE IF HE DIDN'T GIVE THE CAR KEYS BACK. ORTI£ STATED THAT THE MALE THEN STATED DON'T CALL THE POLICY, oUST GIVE ME YOUR CORRECT PHONE NUMBER. ORTIZ STATED THAT SHE GAVE Him A FARE PHONE NUMBER ORTIZ STATED THAT WHEN GAVE HIM THE FAKE ORTIZ TOLD HIM NO, AND HE THEN REACHED IN THE ALR WITH THE CAR KRYS AND THEN DROPPED THEM ON HER CAR. ORTIZ STATED THAT SHE GOT HER KEYS AND THEN WENT INTO HER CAR WHERE SHE LOCKED HER DOORS. OR'TIY, STATED THAT SHE DROVE BEHIND THIS MALES VEHICLE AND WROTE DOWN HIS LICENSE ON THE PALM OF HER HAND. ORTIZ STATED THAT SHE DROVE HONE AND POSSIBLY RAN 2 RED LIGHTS IN FEAR THAT HH WAS FOLLOWING HER. ORTIZ, STATED THAT WHEN SHE ARRIVED HOME, THAT SHE CALLED SHE WINTER GARDEN POLICE DEPARTMENT. ORTIZ STATED THAT SHE DID NOT GIVE THIS GUY PERMISSION TO FOLEOW HER AND HARASS HER, REACH INTO HER CAR AND STEAL HER GLASSES, DID. NOT GIVE HIM PERMISSION TO TOUCH HER, TO PREVENT HER FROM LEAVING, NOR SNATCH HER VEHICLE KEYS FRON HER HAND. ORTIZ ADVISED THAT SHE COULD IDENTIFY HIM AGAIN IF SHE SAW HIM. ORTIZ DORS DESIRE PROSECUTION AND WILL TESTIFY ry ORTIZ STATED THAT SHE KEPT UPON FURTHER INVESTIGATION, I OBSERVED ORTIZ TO BR' SCARED AMD SHRKING WHEN TELLING ME EVERYTHING. ORTIZ STATED THAT SHE -DID NoT CALL THE POLICE RIGHT AWAY, DUE TO BEING SCARED OF HIM AND WHAT HE KEGRT ‘DO "TO -HER. . ORTIZ STATED THAT THE GLASSES THAT THE MALE TOOK, WERE BLACK SUN GLASSES AND WERE WORTH APPROXIMATELY $10.00. T RAN THE VEHICLE TAG NUMBER THAT ORTIZ HAD WROTE DOWN ON HER HAND AND RAN THIS IN TELETYPE. ‘THE REGISTERED OWNER WAS A BLACK MALE AND IN THE SAME AGE RANGE THAT ORTIZ FAD ADVISED. ON 01/07/2004 AT APPROXIMATELY 12:30 AM, I TOOK ORTIY TO THE WINTER GARDEN POLICE A PHOTO WITH THE DEF (MCMILLIAN) AND S OTHER IDENTIFIED THE DEF AND CIRCLED HIS PHOTO. ORTIZ DEP. 7 DEPARTMENT WHERE A PHOTO LINE UP WAS COMPLETED. BEMTLAR PHOTOS WERE SHOWN TO ORTIZ IN WHICH SHE BIGNED HER NAME BELOW PICTURE 3 WHICH WAS OF THE TON COMPLETING THIs REPORT, OFC CAPELETTI AND OFC OBERLANDER MADE CONTACT WITH THE DEF‘S VEHICLE AT THE WINTER. GARDEN TILLAGE APARTHENTS (521 SOUTH PARK AVE). BOTH OFFICERS WERE ABLE TO MAKE CONTACT (ETH WHE DEF AT 521 SOUTH PARK AVE # G-43. OFC CAPELETTI TRANSPORTED THE DEF TO THE WINTER GARDEN *OLICE DEPARTMENT. 1 READ MCMILLIAN HIS MIRANDA RN] i @. DEF STATED THAT HE DID KNOW A GIRL NANED BRENDA ‘BGIONAL PARKING LOT. DEF STATED THAT HE SAW BRENDA DRIVING HER VEHICLE AND BEEPED AT HER DUE TO IRING A PRETTY GIRL. DEF STATED THAT BRENDA WAS DRIVING SOUTH THROUGH THE PARKING LOT AND HE WAS . ACING WEST WHILE sIrrirnG STILL WHEN SHE DROVE IN FRONT oF HIM. DEF STATED THAT HE FLAGGED BRENDA WER TO WHERE HE WAS AND THEY BEGAN TAL KING TO EACH OTHER. ‘HE DEF THEN STATED LATER THAT HE WAS IRIVING BEHIND BRENDA WHEN HE BEEPED HIS HORN AND HE FLAGGED HER DOWN, THE DEF STATED THAT HE TOLD TEANERS AND SHE DID AND THEN THEY BEGAN TALKING TO EACH OTHER fOR APPROXIMATELY 30 MINUTES. DEF STATED THAT BRENDA GAVE HIN A PAIR OF SUN GLASSES FOR Wt amenar = torn to and subscribed before me, the undersigned * lL ppyt appr 2004 wt en /. ; A, Lie itn Leckeal op \ Mle 7 fi tary Pubtlc 5] Law Enforcement or Cormections Officer fi] ” Offider's Name Officer's Bus. reonally Keown [EY Produced Identification Keys 141 PhoneNo: 407 656-3636 0 of Kientificstion: | vec orcs cg [ SA {1406 / RAPA mee ee * . t . >ontinuation of: Charging Affidavit Ei Notice to Appear =a eos ieee FUSeGEMON The undersigned has probable cause to believe the above-named defendant, onthe 31. day of DECEMBER . _2003_ at approximately _ i800 at 14207 WEST COLONIAL DR (Zone: _2_ ) in Orange County did: QUE TO HER BAYING THAT SHE HAD TO RUN HOME AND GET SOME MONEY BUT WOULD COME BAGK 10 MEET WETH EG. DEF SYATED THAT BRENDA GAVE HIM HER PHONE NUMBER AND TOLD HIM TO CALL HER. THE DEF RAD IN EI¢ PROPERTY, A WHITH PELCE OF PAPER WITH BRENDA'S PHONE NUMBER. HE DEF STATED THAT THIS WAS HIg SRITING, BUT STATED THAT SHE WROTE THE NUMBER DOWN. ‘THE DEF STATED: RESIDENCE BUT IY KAS AN ACCIDENT, THAT HE WAS DRIVING THROUGH HER COMPLEX TO VISIT HIS FAMILY WHO PRSIDES THERE AS WELL. THE DEF COULD NOT ADVISE WHERE IN THE COMPLEX BIS FAMILY LIVED, "HAT IS SISTER’ IN LAW DOES LIVE THERE. THE DEF STATED THAT HE DID TALK (BRENDA) TOLD HIM TO CALL HER LATER. THAT HE DID DRIVE SY HER BUT STATED - YO HER AND THAT THE Vrerm THE DEF STATED THAT ON 01/06/2004 HE DID DRIVE THHODGH-K=EAY ~. *LAZA PARKING LOT AND SAM BRENDA WALKING FROM THE STORE WHEN HE TURNED AROUND AND SAID BRENDA DO 10U