Jun 10 2008 13:31 9417147536 School District of Manat 01:34:52 p.m. 06-10-2008 3/10 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, VS. SBMC Case No. 08-0010 RICHARD A. CARLSON, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Dr, Roger Dearing, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, RICHARD A. CARLSON (“Carlson”), effective June 10, 2008, and as grounds therefore states as follows: FACTUAL ALLEGATIONS I. Carlson has been employed with the School District of Manatee County since November |, 2007, when he was employed as a substitute bus driver. Since January, 2008, he has been employed as a full-time bus driver at Matzke. 2. On April 17, 2008, while transporting students in a district school bus, Carlson was involved in a traffic accident. 3. Upon reporting the accident to his supervisor, Carlson was directed to submit to a urine drug panel on the same day of the accident, April 17, 2008. 4, On the evening of April 24, 2008, Carlson was advised by the laboratory that he tested positive for marijuana on the April 17, 2008, drug tese. $. On April 25, 2008, Carlson notified his supervisor of the Transportation Department of his drug test results. 9417147536 Jun 10 2008 13:31 School District of Manat 01:35:15 p.m. 06-10-2008 6. On April 25, 2008, the Director of Transportation advised Carlson that based on the drug test results, she would recommend that Carlson be terminated. Carlson surrendered his fuel key and badge to the Director of Transportation. 7. On May 1, 2008, the Superintendent sent Carlson a letter placing him on paid administrative leave effective April 25, 2008. VIOLATIONS 8. Section 6.11 of the Policies and Procedures Manual of the School Board of Manatee County, adopted March 14, 2005, provides that an employee may be suspended without pay or terminated from employment for just cause, including but not limited to, ... misconduct in office ... violation of the Policies and Procedures Manual of the School Board of Manatee County, ... violation of ...the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. Just cause exists to discipline the employee based upon the following: 9. Carlson’s actions constitute just cause under section 6.11. 10. Carlson has engaged in misconduct in office as defined in Rule 6B-4.009(3), F.A.C. which provides that misconduct in office is a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-1.001, F.A.C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is So serious as to impair the individual's effectiveness in the school system, 11. Carlson's actions violated Rule 6B-1.006(3)(a), F.A.C. which requires that the individual make reasonable effort to protect the student from conditions harmful to learning and/or to the students mental and/or physical health and/or safety. 4/10 9417147536 Jun 10 2008 13:32 School District of Manat 01:35:42 p.m. 06-10-2008 12. Carlson’s actions violated Section 2.20 and 6.11.10. of the Policies and Procedures Manual of the Schoo! Board of Manatee County, adopted March 14, 2005. Pursuant to these sections, employees are expected to be free of the influence of, use of, possession, selling and dispensing of drugs and alcohol while on duty or while on Schoo! Board property. 13. Carlson’s actions violate Rules 3.011(5) and 3.002 c. of the Standard Operating Procedures Manual of the Transportation Department of the School Board of Manatee County which requires bus drivers to refrain from using or being under the influence of illicit drugs, or any substance, which may impair the operator's alertness or performance while on duty. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Richard A. Carlson's, employment, effective June 10, 2008. If a hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, June 10, 2008, pending the outcome of the hearing. RIGHT TO A HEARING 1 Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2007) regarding the Superintendent's recommendation, 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes (2007), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request is attached for Respondent's reference and use. 3. Respondent must file the Request with Lyn Lego, Agency Clerk, at 215 Manatee Avenue West, 5th Floor, Bradenton, Florida 34205 no later than 4:30 p.m. on June 9, 2008, with a copy to Robert J. Shapiro, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd 5/10 Jun 10 2008 13:32 9417147536 School District of Manat 01:36:11 p.m. 06-10-2008 6/10 Floor, Bradenton, Florida 34205. Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent's expense. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes (2007) is not available. DATED this 19° day of May, 2008, in Bradenton, Manatee County, Florida. OY Robert J. Shapi Florida Bar: 231381 School Board of Marfatee County P.O. Box 9069 Bradenton, FL 34206 Telephone (941) 708-8770, x2262 Facsimile: (941) 714-7536 Attorney for Petitioner/Employer

Docket for Case No: 08-002741