Petitioner: SARASOTA COUNTY SCHOOL BOARD
Respondent: TIMOTHY GILL
Judges: ROBERT E. MEALE
Agency: County School Boards
Locations: Sarasota, Florida
Filed: Dec. 29, 2008
Status: Closed
Recommended Order on Thursday, June 18, 2009.
Latest Update: Jul. 23, 2009
Summary: The issue is whether Respondent is guilty of insubordination for the use of excess leave and sleeping in his vehicle during working hours.Petitioner proved cause for sleeping on job, but failed to prove just cause for excessive use of leave, as employee may have had vacation leave when he claimed excessive personal leave. Due to policy of progressive discipline, suspension, not firing.
08006420 AFOBEFORE THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA
THE SCHOOL BOARD OF SARASOTA COUNTY, FLORIDA,
Petitioner,
v. Case No. 08-006420
TIMOTHY GILL,
Respondent. /
FINAL ORDER
This action is before the School Board of Sarasota County, Florida ("School Board") on the Recommended Order of Administrative Law Judge Robert E. Meale dated June 18, 2009.
Neither party has filed exceptions.
Upon due consideration, it is ordered and adjudged that: The Recommended Order of the Administrative Law Judge dated
June 18, 2009, is accepted and incorporated herein by reference. Accordingly, Respondent is found guilty of the charge of sleep ing while on duty and is suspended without pay for five working days for that violation. The charge of excessive use of leave is dismissed and, subject to the suspension described above, Respondent's employment is reinstated and he shall be entitled to receive backpay from January 7, 2009.
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Filed July 23, 2009 1:19 PM Division of Administrative Hearings.
This is a final order appealable to the Second District Court of Appeal. Any appeal must be filed within thirty (30) days of rendition of this final order in accordance with Rule 9.ll0(c) of the Florida Rules of Appellate Procedure.
DONE AND ORDERED this 21st day of July, 2009, at Sarasota, Florida.
cc: Lisa J. Kleinberg, Esq. Hunter W. Carroll, Esq.
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Docket for Case No: 08-006420TTS
| Issue Date |
Proceedings |
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Jul. 23, 2009 |
Final Order filed.
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Jun. 18, 2009 |
Recommended Order (hearing held March 13, 2009). CASE CLOSED.
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Jun. 18, 2009 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Apr. 16, 2009 |
Respondent`s Proposed Recommended Order filed.
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Apr. 15, 2009 |
Petitioner`s Proposed Recommended Order filed.
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Mar. 27, 2009 |
Transcript (Volumes I&II) filed. |
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Mar. 27, 2009 |
Notice of Filing (of transcript) filed.
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Mar. 13, 2009 |
CASE STATUS: Hearing Held. |
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Mar. 03, 2009 |
Notice of Transfer.
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Mar. 03, 2009 |
Joint Stipulation filed.
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Mar. 03, 2009 |
Notice of Use of Summary filed.
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Feb. 04, 2009 |
Order Re-scheduling Hearing (hearing set for March 13, 2009; 9:30 a.m.; Sarasota, FL).
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Jan. 22, 2009 |
Joint Request for New Hearing Date filed.
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Jan. 20, 2009 |
Order of Pre-hearing Instructions.
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Jan. 20, 2009 |
Notice of Hearing (hearing set for February 20, 2009; 9:30 a.m.; Sarasota, FL).
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Jan. 08, 2009 |
Joint Response to Initial Order filed.
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Dec. 31, 2008 |
Order Granting Extension of Time (response to the Initial Order to be filed by January 8, 2009).
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Dec. 30, 2008 |
Unopposed Motion to Extend Time to Respond to Initial Order filed.
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Dec. 29, 2008 |
Initial Order.
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Dec. 29, 2008 |
Recommendation of Termination filed.
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Dec. 29, 2008 |
Request for Administrative Hearing filed.
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Dec. 29, 2008 |
Agency referral filed.
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Orders for Case No: 08-006420TTS
| Issue Date |
Document |
Summary |
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Jul. 21, 2009 |
Agency Final Order
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Jun. 18, 2009 |
Recommended Order
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Petitioner proved cause for sleeping on job, but failed to prove just cause for excessive use of leave, as employee may have had vacation leave when he claimed excessive personal leave. Due to policy of progressive discipline, suspension, not firing.
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