rN THe ScHooL DistTRICcT oF Lee COUNTY 2055 Centrat Avenue * Fort Myers, Froriva 33901 - f {om ‘a 102 ¢ TTD/TTY (239) 335-1512 Jeanne S. Dozier Craiaman - Oratrict 2 700u JUN 23 PP |: BU ENNOT SURE Srters Roeert D. CHILMONIK Oistaict 4 June 18, 2004 Jane &. Kucwer, PH.D. OrstAat B STeEven K. TeUBER Oistacr a VIA CERTIFIED MAIL NO. 7003 3110 0001 0451 8787 james W. BROwoER, E.D. RETURN RECEIPT REQUESTED Suneninrenoent AND REGULAR U.S. MAIL Ke ae Avronney Ms. Julie Scheuer 2118 SE 10" Terrace Cape Coral, Florida 33990 RE: Final Order Case No. 04 oor 04-1612, PS The School Board, at its meeting on June 17, 2004, officially acted on the Petition to terminate your employment effective end of the day, June 17, Enclosed please find a copy of the Final Order of the School Board dated June 17, 2004, granting your termination. You are hereby notified that this Order may be appealed in accordance with the procedures outlined in paragraph 22 of the Order. Dear Ms. Scheuer: Please be advised that this office cannot give you any legal advice and you are responsible for complying with all of the provisions of Florida Statute(s) and the Florida Rule(s) of Appellate Procedure applicable to the appeal. Respectfully, JPC/dl Enclosure c: Mr. Greg Adkins, Director, Employee Relations and Contract Management Mrs. Georgianna W. McDaniel, Director, Personnel Services Mr. Louis Karnbach, Director, Transportation Services Division of Administrative Hearings DISTRICT VISION To PREPARE EVERY STUDENT FOR GUCCESS DISTRICT MISSION To PROVIDE A QUALITY EDUCATION IN A SAFE AND WELL-MANAGED ENVIRONMENT THE SCHOOL BOARD OF LEE COUNTY, FLORIDA JAMES W. BROWDER, Ed.D., SUPERINTENDENT OF SCHOOLS “nD, FOR LEE COUNTY, she: 44, Petitioner, Vv. Case No.: 04-0014 DOAH Case No.: 04-1613 JULIE SCHEUER, Respondent. FINAL ORDER THIS CAUSE came on to be heard on this the 17" day of June, 2004, before the School Board of Lee County, Florida, and said School Board finds as follows: 1. The Respondent is a bus operator for the Lee County School District (District). She is currently assigned to the Transportation Department. She has been employed by the District since April 9, 2002. Her current address is: 2118 SE 10" Terrace, Cape Coral, Florida 33990. 2. As a bus operator, Ms. Scheuer is an "educational support employee" as defined by §1012.40(1)(a), F.S. As such, she is a member of the support personnel bargaining unit and subject to the terms and conditions of employment set forth in the collective bargaining agreement between it and the School District (SPALC Agreement). The standard for discipline for support personnel is "just cause" pursuant to section 7.094 of the SPALC Agreement. 3. In November of 2003, Ms. Susan Strong, Director of Insurance and Benefits Management, reported that Ms. Scheuer had filed fraudulent claims for workers’ compensation benefits. Page 1 of 4 Browder v. Scheuer / Final Order 04-0014 ( DOAH # 04-1613) 4. On the basis of these allegations, the Petitioner suspended the Respondent with pay and benefits effective November 18, 2003. 5. Following the suspension, an investigation was initiated. 6. The investigation concluded and the investigator prepared a summary of his / her findings. 7. A predetermination conference was scheduled for February 19, 2004, to give Ms. Scheuer an opportunity to respond to the allegations made by Ms. Strong and the information set forth in the investigative summary. Notice of the conference was sent to Ms. Scheuer on February 9, 2004. The notice included copies of the investigative summary and its attachments. 8. Ms. Scheuer was in attendance at the conference and addressed the allegations against her. 9. Following the conference, Ms. Scheuer was advised via letter dated March 4, 2004, from Georgianna W. McDaniel, Director, Personnel Services, that there had been a determination of probable cause to discipline her and that a recommendation would be forwarded to the Petitioner to terminate her employment. 10. The Petitioner filed a Petition for Termination of Employment with the Board regarding Ms. Scheuer on or about March 11, 2004. 11. The Petition was served on Ms. Scheuer via process server on the same date. 12. On March 16, 2004, Ms. Scheuer telephoned the Office of the Staff Attorney and requested a due process hearing on the Petition. 13. On April 22, 2004, the Petition was forwarded to the Division of Administrative Hearings (DOAH) with a request that the matter be assigned to an Administrative Law Judge (ALJ) and set for hearing. Page 2 of 4 Browder v. Scheuer / Final Order 04-0014 ( DOAH # 04-1613) 14. On April 22, 2004, the Board held a hearing and reviewed the Petition filed by the Petitioner. The Board voted at that time to suspend Ms. Scheuer without pay and benefits pending receipt ofa recommended order from the ALJ. 15. During the initial proceedings in the DOAH case, Ms. Scheuer advised the Staff Attomey that she was withdrawing her request for a due process hearing. 16. The Staff Attorney prepared a motion to dismiss the DOAH proceedings advising the ALJ of Ms. Scheuer's position. A copy of the motion was served on Ms. Scheuer. 17. | On May 20, 2004, the ALJ entered an order granting the District's motion to dismiss. 18. In that Ms. Scheuer withdrew her request for a hearing on the Petition, the Board must accept the charges alleged therein as fact pursuant to Board Policy 1.80. Accordingly, the Board finds as follows: Ms Scheuer has filed fraudulent claims for workers’ compensation benefits in violation of §440.105, F.S. 19. Ms, Scheuer's fraudulent claims for workers’ compensation benefits constitute just cause for her termination. 20. The School Board has the authority to terminate educational support personnel pursuant to §§1012.22(1)(f) and 1012.40(2)(c), F.S. It is accordingly ORDERED as follows: 21. Ms. Scheuer is terminated from her employment with the District effective end of the day, June 17, 2004. 22 This Order may be appealed to the District Court of Appeal of Florida, Second District, P.O. Box 327, 1005 E. Memorial Boulevard, Lakeland, Florida 33802, telephone number (863) 499-2290. The appeal must be filed within thirty (30) days of the date of this Order by filing a Notice of Appeal with the School Board and a second copy with the District Page 3 of 4 Browder v. Scheuer / Final Order 04.0014 ( DOAH # 04-1613) Court of Appeals. For further information, contact J. Paul Carland, II, Staff Attomney, 2055 Central Avenue, Fort Myers, Florida 33901-3916, telephone number (239) 335-1447. ENTERED on this the 17th day of June, 2004. . ? Jednhe S. Dozier , aS i Page 4 of 4 Browder v. Scheuer / Final Order 04-0014 ( DOAH # 04-1613)

Docket for Case No: 04-001613