STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS INDIAN RIVER COUNTY SCHOOL BOARD, Petitioners, Vs. Case No. 08-0379 MATTHEW MERO Respondent. ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, INDIAN RIVER COUNTY SCHOOL BOARD (School Board), by and through its undersigned counsel, and it having reason to believe that Respondent, MATTHEW MERO (“Mero”), has violated School Board Rule, 2.39 Drug Free School and Workplace, it alleges as follows: 1. At all times material hereto, the Respondent Mero was employed as a Teacher with the School Board with a commencement date of August 15, 2006. See 7/26/06 correspondence as Exhibit A. 2. Respondent Mero’s instructional employment with the School Board was terminated effective November 2, 2007. See 11/15/07 correspondence attached as Exhibit B. 3. As a former School Board employee, Respondent has requested that this Division conduct a hearing reviewing the School Board’s November 15, 2007 vote to terminate the Respondent’s instructional employment effective as of November 2, 2007. COUNT I— VIOLATION OF SCHOOL BOARD RULE 2.39 4. On August 21, 2007, Respondent, during the course of normal school operating hours, it was observed by numerous School Board employees that Respondent appeared intoxicated and was having difficulty walking. See 8/21/07 Statement of Principal Eileen Shirah, teacher Boyd Mustelier Smith & Parker Bank of America Tower at international Place, 36" Floor » 100 S. E. Second Street * Miami, Florida 33131 Ph: (786) 425-1045 ¢ Fax: (786) 425-3905 WW DOYGlaWwETOUp.COM. Filed February 12, 2008 3:06 PM Division of Administrative Hearings. Jennifer Idlette-Williams and teacher Jacqueline Wirth, attached as Exhibits C, D, and E respectively. 5. Respondent was immediately confronted by Ms. Shiah, the school’s principle, who then immediately contacted both the School Board’s Risk Manager, Gerard Koziel and the Indian River County Sherriff's Office. See Exhibit D; see Incident Report of Indian River Sherriff’s Office Exhibit F.. 6. Respondent’s eyes appeared red and bloodshot. See Exhibit F. 7, Respondent was asked if he was intoxicated, and Respondent then sought to speak to his Union Representative. See Exhibit F. 8. Principal Shirah then requested that the Respondent submit to a drug test, which he refused. See Exhibit F. 9. Respondent was informed that by refusing to submit to a drug test that he could fact possible disciplinary action. See Exhibit F. 10. The next day, August 22, 2007, Principal Shirah recommended that the Respondent be suspended immediately, and that he be terminated at the School Boards next meeting. See 8/22/07and 8/28/07 correspondence to School Board, attached and incorporated as Composite Exhibit G. 11. | Respondent subsequently provided the School Board a note from his physician indicating that Respondent had suffered side effects from prescription medications Klonopin and Ambien. 12. Based upon that information, Respondent agreed to a referral to thé Employee Assistance Program in lieu of termination from his teaching position and was returned to his duties. Boyd Mustelier Smith & Parker Bank of America Tower at International Place, 36" Floor * 100 S. E. Second Street » Miami, Florida 33131 Ph: (786) 425-1045 © Fax: (786) 425-3905 —www-boydlawgroup-Gor—— 13. On October 29, 2007, Respondent was once again reported to have been under the influence during school hours and was subjected to an immediate drug test. See 11/2/07 letter of termination to Respondent, attached and incorporated as Exhibit H. 14. Respondent’s October 29, 2007 drug test returned a Result Certificate which was Positive for the use of Opiates; based on this result and the fact that Respondent did not produce any documentation from any physician, he was immediately terminated. See Exhibit H; See First Lab Result Certificate indicating a Positive Result of the 10/29/07 drug test, attached and incorporated as Exhibit I. WHEREFORE, by reason of the above and foregoing, Petitioner, the INDIAN RIVER COUNTY SCHOOL BOARD, Requests that this Honorable Court affirm its November 15, 2007 decision to terminate Respondent, Matthew Mero’s employment, and for any other relief it may deem just and proper. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served via facsimile and U.S. Mail to: Johnson & Haynes, P.A., 510 Vonderburg Drive, Suite 200, Brandon, FL 33511 on this (aay of February, 2008. Respectfully submitted, BOYD MUSTELIER SMITH & PARKER, P.L. Banlsof America Tower at International Place Boyd Mustelier Smith & Parker Bank of America Tower at International Place, 36" Floor » 100 S. E. Second Street * Miami, Florida 3313} Equal Opportunity Educator and Employer School District of Indian River County “A CommUNITY Partnership Toward Educational Excellence" Duncan N. P. Pritchett, Jr., Ed.D. » Superintendent 7/27/2006 Mr. Matthew Mero 1020 Whitetail Ave. Vero Beach, Fl. 32968 Dear Mr. Mero, The School Board approved your instructional employment, effective 8/15/2006, at their 7/25/2006 meeting. If you have any questions regarding the above, or if we can be of further assistance, please contact the Personnel Department. Respectfully, / Dr. Julius & Teske Assistant Superintendent, Personnel JJT/FRMLTR2 William D. Hughes Lenora Quimby R. Craig McGarvey, Ed.D. Ann Reuter Kathryn A. Wilson District 1 District 2 District 3 District 4 District 5 "It Takes a Community to Raise a Child!" Ne 1990 25th Street e Vero Beach, Florida 32960-3395 - Telephone: 772-564-3000 « Suncom Number: 257-1011 « Fax: 772-569-0424 } 3 School District of Indian River County “A CommUNITY Partnership Toward Educational Excellence" Harry J. La Cava, Ed.D. « Superintendent November 15, 2007 Mr. Matthew Mero 1020 Whitetail Avenue SW Vero Beach, FI. 32968 Dear Mr. Mero, The School Board approved your instructional termination from Sebastian River Middle , effective 11/2/2007, at their 11/13/2007 meeting. If you have any questions regarding the above, or if we can be of any assistance, please contact the Personnel Department. Respectfully, P) Dr. Julius J. Teske Assistant Superintendent Personnel JJt/sm Karen Disney-Brombach © Lenora Quimby © Carol Johnson e Ann Reuter e Debbie J, MacKay District 1 District 2 District 3 District 4 - District 5 "It Takes a Community to Raise a Child!” 1990 25th Street « Vero Beach, Florida 32960-3395 - Telephone: 772-564-3000 e Fax: 772-569-0424 ene pga) Opportunity Educator’and “Employer nen Hug #21 U7 04: 06p p.2 August 21, 2007 This afternoon at 12:30 Mrs. idlette-Williams and | walked to the end of the portables. Several teachers were gathered there to watch the space shuttle landing. Mr. Mero was walking across the parking lot. Mrs. Idlette-Williars said to me “What is wrong with Mr. Mero? Look at the way he is walking. He’s walking like a crab.” 1 observed Mr. Mero stumbling and “crab walking.” He stopped by the cars and then walked to his portable. | overheard Mirs. Wirth say to Mir. Lewis, “We have to say something about it.” She then said to me that she and Mr. Lewis felt that Matt was under the influence. They said they observed him walk out of the woods near the Buffer Preserve and across the field. She said he was lurching and having trouble walking and that he was carrying a bottle of liquid with him. Mr. Lewis told me that he felt that Matt had a drug problem. timmediately called Risk Management and was told that Darla would come and take Mr. Mero for testing. Mrs. Decker relieved Mr. Mero and provided coverage and | asked Matt to come to the office with me. Officer Daley accompanied us. Matt brought a very tall “walking stick” with him which he thumped loudly as he walked. Officer Daley asked him to hand it over and Matt said he needed it to walk and showed us a scar on his knee. Officer Daley pointed out that he was holding the stick in the wrong hand to compensate for an injury on that side. When we reached my office | asked Matt if he was under the influence of anything and he said “No.” | asked if he was taking any medication which might be affecting him and he answered “Yes.” | told him he was seen walking out of the woods and he replied” | can take a walk can’t I?” He then stated that he did not take any illegal drugs but that he was taking {Colomapin sp?) for a bipolar condition. He stated that he was manic and hadn’t slept in 2 days. I told him that several staff members had expressed concern and felt that he might be under the influence and | told him that | wanted him to go for drug testing. He then asked to have his union rep present and to call his tawyer. I spoke to Mr. Koziel, Director of Risk Management, at that point and then called in the union representative, Ms. Pennington. Matt wanted to get his cell phone which was in a backpack in his classroom. | suggested he use my phone but he wanted all of us to leave the office while he spoke to his lawyer. Jerry Koziel called back and ! put the phone on speaker. Matt was told that if he refused substance testing it was considered an admission of guilt. | was not willing to leave Matt alone in the office while he used my phone, so he called the lawyer when we brought him his cell phone. Several of us urged him to be tested which might clear his name if the symptoms were caused by a medication prescribed by his doctor. Matt was told several times to either agree to go for testing or he would have to leave campus immediately After much debate Mr. Mero refused testing. | told him | was not comfortable with allowing him to drive home. We offered to let him go home with Officer Daley or call a friend. Matt called a cab, but appeared very confused. His speech was slurred and he told the driver to come to “indian River Middle School.” He could not remember the address. | repeated it 3 times and he repeated it incorrectly each time. He also could not remember the school’s phone number. Mr, Mero’s walk, speech, confusion and behavior all fed me to suspect that he was under the influence. Ms. Pennington and Officer Daley both referenced Matt’s slurred speech and confusion in conversations with me after the incident. Hug 21 O7 O4:06p p.3 As | was walking to the north portion of the portable area with Mrs. Shirah we noticed Matt Mero stumbling across the parking lot carrying a green bottle with a clear liquid in it. | noticed immediately that his walk was not normal, he was walking sideways with the appearance of having a very difficult time balancing. As he approached us, he tried to straighten himself up to no avail. He then walked right pass us heading in the direction of his classroom. / Daley lb ~ EXHIBIT ‘Aug 21 07 04:06p ; p-4 August 21, 2007 12:22 P.M While waiting to view the re-entry of the Space Shuttle | observed Mr. Mero coming across the grass from the wooded area near portables 29 and 30. He was caring a bottle of Perrier water. His walking was unsteady. He was walking sideways and listing a bit to the side. As he neared me, another teacher, and a custodian he braced himself on a car parked in front of the sidewalk. He steady himself on the car still holding the bottle of Perrier water. As others arrived to view the re-entry of the shuttle he walked past them to his classroom. Jacqueline Wirth EXHIBIT ‘Rug 22 07 06:08p Indian River County Sheriff's Office 4055 41“ Avenue Vero Beach, Florida 32960 INCIDENT REPORT # 2007-00085513 ‘Call Date & Time: Oe H2007 : Miscellaneous Incident ae SORIA Boley, Shawn eponing Ok R2\ Dailey [ inst Fist. Midis” dS . Shirah Eileen [Female White 40/06/1942 [Tiype eT bast First, Middle St el Narrative: . On 8/21/07 at approximately 1:30 P.M. | was notified by Principal Eileen Shirah of the Sebastian River Middle School (SRMS) of a miscellaneous situation. Shirah advised, teachers at SRMS had reported to her that teacher Matthew Mero had been behaving suspicious. The teachers who had reported to Shirah felt that he was possibly under the influence of some narcotic. It was reported he was stumbling when he walked and had difficulty keeping his balance. Shirah asked me to respond to Mero's location to assist her in escorting him to her office. Once we arrived at his room Shirah and | walked with Mero to the office. During that time | observed Mero carrying a large wooden walking stick which he held in his right hand and he used it to help him walk. it did not appear he needed the stick to assist him. | asked him to hand it to me when we got inside Shirah's Office at first he was reluctant but them let me have it at which time ! secured It Shirah explained to Mero why he was there and he immediately asked to call his lawyer and his Union Representative. His speech was slurred and his eyes were red and bicodshot. His motor skills appeared slow. Although | believed he was under the influence of something | could not smell an odor of an alcoholic beverage coming from Mero. Shirah asked Mero if he would submit to a drug test and he refused. Shirah then explained that by refusing he would have to leave school and possibly face disciplinary action‘termintation. Mere did not seem to worry about that and contacted sameone to pick him up from school so he cauid leave. . Mero spoke to someone by phone and tried to tell them where he was. Mero told them he was at the Indian River Middle School. Shirah had to let him know it was called the Sebastian River Middle School. He then tried to give them the street address and stated he was at 94 County Road 12. He corrected himself with Shirah's assistance and then said he was at 9400 Road 12. After several more tries he got it correct with Shirah’s assistance. Mero could not recall the phone number to the schoo! which we had to advise him. Mero gave his school keys and ID to Shirah and then he was escorted off campus and he was told that if he needed to return to make sure he contacted Shirah and set up an appointment HME THIS FEBOH I °° * for information purposes only, and is inactive, no crime occurred. EXHIBIT ene eae ne August 28, 2007 Dear Dr. LaCava, Dr. Teske and Mr. Koziet: | feel very strongly that Matthew Mero should not be returned to the classroom. there have been four separate incidents involving Mr. Mero that were serious enough that { called Dr. Teske. | believe Mr. Mero has a substance abuse problem and that he has come to work impaired by a substance or substances. | do not think that returning him to the classroom is what is best for children. In March, 2007 | received a phone call from Deputy Richard Daniel. Mr. Mera loaned his car to an unlicensed driver who went to a known drug dealer in Gifford and purchased beer and . marijuana. ‘The driver was arrested and he told the deputy he was purchasing these items “for that white guy sitting back at my house.” When the deputy went to the house he found Mr. Mero who claimed he ret the man fishing, felt sorry for him and loaned his car to him so he could purchase groceries. The deputy wanted me to have Mr. Mero drug tested. | called Dr. Teske and was advised against'doing so, July 27", 2007 Mr, Mero was arrasted for DUI. He did not report this to the Personnel Depariment, nor to myself, | informed the Personnel Oepariment and asked if he could be firad for not reporting. August 14", 2007 at a faculty meeting on the first day of pre-school Mr, Mera behaved in a very bizarre way. He came In wearing sun glasses, got up and paced, left the room and returned several times, He left his seat, walked the length of the library and emoted very passionately and in a rambling fashion about FCAT. He walked directly up to me and stopped just inches from my face. | felt he was under the influence of something but he left campus before | could digcuss thig with him. Early the next morning | called Dr. Teske and asked permission to have Matt drug tested. Dr, Teske said not to do so because of the time that had elapsed since the incident, He suggested that | question Matt about whether he needed to talk with me, August 15, 2007 I met with Matt Mero along with Deputy Daley our resource officer, Terri Pennington the IRCEA representative, and assistant principals Chuck Evans and Roxarine Decker. He stated that he did not know he was required to self report and that he felt intimidated by the . number of administrators in the room. | said that he seemed upset at the meeting, he denied that arid said that he did not feel a need to talk to me. | mentioned EAP and wrote down the phone number. He asked why | did so and | responded that they offered confidential assistance for substance and alcohol problems, and offered psychological counseling. , August 24, 2007 | observed Mr. Mera stumbling and “crab walking” acrass the athletic field, Mrs. Idlette-Willlams, Mrs. Wirth and Mir. Lewis all spoke to me and indicated that they felt he was impaired. As you know from my previous report he was confused, his speech was slurred and he had difficulty watking. When he asked to have a union representative present t immediately sent for Ms. Penriington, He stated that he was bipolar and in the manie phase. He refused testing. Mr. Kozial spoke to him over the speaker phone with the union representative present. He knew he would be sent home and face termination if he refused testing. His presence at school represents a danger to our children and a potential embarrassmsent to the school district. His problems have been well documented and {do not have any doubt at alt that Mr. Mero has 2 substance problem. | do not want to be left answering to the press and to parents if there is another Incident. Please remove him from the classroom, Sincerely, Eileen Shirah, Principal Sebastian River Middle School - SEBASTIAN RiveR MIDDLE SCHOOL ov: 02 O7 12:55p p.2 Eileen Shirah, Principal 9400 County Road 512 « Sebastian, Florida 32958 “(eetant Pincteas Telephone: 772.564.5111 e Fax: 772.564.5113 Roxanne Decker www. indian-tiver.k12.fl.us/srms/ Chuck Evans Jennifer idlette-Williams November 2, 2007 Dear Mr. Mero: Your employment is terminated effective today (November 2, 2007) for violation of School Board Rule, 2.39A, Drug-Free School and Workplace, pending School Board approval. On .Manday, October 29". school staff reported to me that you appeared to be “under the influence” here at school. Risk Management was contacted, and you were taken for drug testing. The results of your drug test were positive, therefore | am recommending that you be terminated as an employee of the Indian River County School District pending the approval of the School Board. ‘Please arrange a time no later than Monday, November 5, 2007 to return your name tag, keys and any teaching materials, tests, textbooks etc. that you might have. Sincerely, OO FQ Eileen Shirah, Principal: - Sebastian River Middle School world school Schoo! District of indian River County Page 1 of 1 -FirstLab 1364 Welsh Road, Suite C-2, North Wales, PA 19454 (800) 732-3784 Result Certificate This result has been reviewed by a FirstLab MRO in accordance with applicable Federal Regulations. Final Verification: POSITIVE OPIATES Donor Information Specimen Information Donor Name: Accession D: 890187C ~ Donor ID: 022547678 Specimen ID: 9847796 Test Type: Random Test Panel: Urine Drug Panel Account Type: HRS Collected: 10/29/2007 10:07:00 AM Employer: Indian River County School District ; . Laboratory: Quest MRO Signature: 446-07 — Client Access Date: 11/1/2007 https://www firstlab.com/webreports/result_certificate2.asp?RI=2709207&P=8296KC=6 74856 ——417/1/2007-

Docket for Case No: 08-000379TTS