Apr 25 2007 13:22 25 13:40 >> 8509216847 P 6/18 2007-04- : THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA JAMES F. NOTTER, Interim Superintendent of Schools, Broward County, Petitioner, VS. PETITION FOR FORMAL PROCEEDINGS THOMAS MOTTA, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, James F. Notter, as Interim Superintendent of Schools of Broward County, Florida, files this Administrative Complaint pursuant to Department of Administrative Hearings (DOAH) Rule 600-2.004 and 28-5.201, Rules of Administrative Commission, and states the following: |. JURISDICTIONAL BASIS 1. The agency is the Schoo! Board of Broward County, Florida, which is located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. Petitioner is the Interim Superintendent of Schools for Broward County, Florida. 3. Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all flaws, rules and regulations, Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the Broward County Schooi Board. Apr 25 2007 13:22 2007-04-25 13:40 >> 8509216847 P 7/18 4, Respondent, Thomas Motta (MOTTA) is employed by the Broward County School Board as a teacher at Hawkes Bluff Elementary School pursuant to a Professional Services Contract, and currently holds a Florida educational certificate No. 722773. 5. The Respondent's last known address is 5241 SW 78 St. #208, Miami, FL 33143. Il ADMINISTRATIVE CHARGES 6. On or about September 6, 2006, investigators began an investigation into allegations that MOTTA had been arrested on September 2, 2006 for DUI, Possession of Cannabis over twenty (20) grams, and Possession of Drug Paraphernalia. 7. On September 7, 2006, MOTTA was placed on administrative reassignment with pay, pending the outcome of a personnel investigation. MOTTA was instructed to report to Professional Standards where he would be reassigned, but was not to return to Hawkes Bluff Elementary School or any School Board property unless directed by the Office of Professional Standards and Special Investigative Unit. 8. The investigation started when the Special Investigative Unit was contacted by the South Area Office about an arrest made of MOTTA by the Indian River County Sheriff's Department. 9. On September 2, 2006, a Deputy reported that while on routine patrole he observed MOTTA driving erratically, and pulled him over. He observed bloodshot eyes, slurred speech, and soiled shirt and pants. There was a small abrasion on MOTTA's left wrist and a strong fragrance of air freshener. He asked MOTTA to step out of the Apr 25 2007 13:22 0 >> 8509216847 P 8/18 2007-04-25 13:4 vehicle, and then smetled an odor of an alcoholic beverage coming from MOTTA. MOTTA was arrested and charged with DUUVChemical or Control Substances. Prior to arrest, the vehicle was searched, and two baggies of a green leafy substance and one Pack of rolling papers, along with a burnt marijuana cigarette were found. Motta, after receiving Miranda warnings, referred to the leafy substance as marijuana. 10. MOTTA claims that this is the first arrest for DUL 11. Just cause exists for the requested relief, pursuant to Fla. Stat. §1012.33, Respondent's employment contract and School Board rules and regulations, including but not limited to the following: 1, MISCONDUCT i2. Respondent has violated Fla. Stat. § 1012.33(4)(c), § 1012.795(1)(c)(F)(i) and Fla. Admin. Code Rules 6B4.009, 6B-1.001 and 6B1,006. Respondent's actions constitute misconduct in office through violation of the Principles of Professional Conduct for the Education Profession in the State of Florida and the Standards of Competent Professional Performance for the Education Profession in the State of Florida. 2. IMMORALITY 13. Respondent has violated Fla. Stat. § 1012,33(4)(c), § 1012.795(1)(c)(F)(i) and Ruté 6B4.009(2) of the Florida Administrative Code. Respondent's acts constitute acts of immorality, that i$, Conduct inconsistent with the standards of public conscience and good morals. Respondent's conduct is sufficiently notorious to bring Respondent LR a frre rey betes Apr 25 2007 13:23 >> 8509216847 2007-04-25 13:40 and/or the educational profession into public disgrace or disrespect, and impair Respondent's service in the community. 3. MORAL TURPITUDE 14. Respondent has violated Fla. Stat. § 1012.33(4)(c), § 1012.795(1)(c)(f(i) and Rule 6B4.009(6) of the Florida Administrative code. Respondent's acts constitute acts of moral turpitude, that is, acts of baseness, vileness or depravity in the private and social duties, which, according to the accepted standards of the time, a person owes to his fellow human or to society in general, and the doing of the act itself and not its prohibition by statute fixes the moral turpitude. 15. This Administrative Complaint is brought pursuant to the authority outlined in Fla. Stat. §§ 120.57, 230.23(6), 230.32(4), (5), 230.321, 230.33(7)(e), 230.33(15), 231.36(1)(a), and Chapters 6B-1 and 6B-4 of the Florida Administrative Code and the appropriate bill or rules. lil. DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, James F. Notter, Interim Superintendent of Schools, recommends immediate suspension of Respondent, Thomas Motta, without further Pay or benefits. Petitioner further recommends that the Schoo! Board, subsequent to providing the requisite notice, dismiss Respondent from his employment based upon the foregoing facts and legal authority. eel “ies F. NOTTER IntetithSuperintendent of Schools, Broward County EXECUTED this day of March, 2007. P 9/18 Apr 25 2007 13:23 2007-04-25 13:40 >> 8509216847 P 10/18 i 4 i, fret 7 fa pee Pe ee oe Upon bering reassigned Strom classroom teaching et LCI, AL 4 oy Self reportin tO ST Charges of 7 rt Sses5 Ory ari, aa ne. Ard Para glo alre, Post +rafLfre stop tar See SpeCr ec et zx. f primed) ately enrolbed 10 Pe portal Keegy re[ Me Sprre/ SHARE SUatpatiantr sub stance Rbhuse +Arpeatnigay Peegram 2 enrcled ang begar ChE OUT PAH COY Preat merrr~ Freier on a/r2 [a6 Oi'ch Cons, stad af sSubstince a a . bug. Cducatierz, Coping ski l/s, Yelapse pre Ler or Support group dleve lopmenp Gnd fandom drag Rnd alcehe! 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Apr 25 200? 13:24 AGENDA REQUEST FORM >> 8509216847 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA 2007-04-25 13:40 Meeting Date 4/10/07 1-4 Petition for Formal Proceedings REQUESTED ACTION: teacher be suspended immediately without pay pending final action on these charges. Agenda Item Number Open Agenda Time Certain Request a Yes No Yes No Receive the Petition for Formal Proceedings submitted by the Superintendent in reference to this teacher and that P 12/18 SUMMARY EXPLANATION AND BACKGROUND: The Professional Standards Committee found probable cause of a felony arrest for possession of drugs (over 20 ounces). SCHOOL BOARD GOALS: _#Goal One: — All students will achieve at their highest potential. __*Goal Two: — All schools will have equitable resources. __*Goal Three: All operations of the school system will demonstrate best practices while supporting student achievement. All stakeholders will work together to build a better school system. _X_#Goal Four: There is no financial impact to the school district. (etter from Interim Superintendent dated March 16, 2007 Petition For Formal Proceedings SOURCE ADDITIONAL INFORMATION: Joc Melita (754)321-0735 (For Officiat School Board Records’ Otfice Only) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA James Notter Interim Superintendent of Schools Approved in Open Board Meeting APR 1 0 2007 on: School Board Chair By: Revised July 31, 2003 JFN/].Melita:P. Eckert

Docket for Case No: 07-001859TTS