Apr 29 2010 16:50 9417147536 04:52:06 p.m. 04-29-2010 6/16 BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 10-0006 RIAN WATTS, Respondent/Employee. i ADMINISTRATIVE COMPLAINT Timothy McGonegal, as Superintendent of Schools, by and through his undersigned counsel, hereby recommends the termination of employment of Respondent, Rian Watts (‘Watts"), effective May | 1, 2010, and as grounds therefor states as follows: FACTUAL ALLEGATIONS 1, Watts has been employed with the School District of Manatee County since January 21, 1997. She is currently employed as a Teacher at Palmetto High School. Absence Without Leave 2. Manatee County School Board Policy 6.2(1) requires that all applications for leave be made in writing on the District's “Request for Leave of Absence” form and be approved by the employee’s supervisor prior to the date such leave is to commence. 3. All “Request for Leave of Absence” forms must, per policy 6.2(1), be signed by the employee and approved by the appropriate administrator. 4. On or about Tuesday, February 16, 2010 through Friday, February 26, 2010, Watts telephoned the District's SmartFind substitute teacher request system. For each school 9417147536 Apr 29 2010 16:51 04:52:32 p.m. 04-29-2010 7/16 day during this period, Watts selected “Personal with Pay” (a/k/a “personal leave charged to sick leave’ or “eave for personal reasons”) as the reason for her absence. 5. As a teacher, Watts is subject to the Master Contract Teacher Bargaining Unit Agreement (“Agreement”) between the Manatee County District School Board and the Manatee Education Association 3821, Rev. 06/24/09. 6. Per Section 9 of the Agreement, “Leave for Personal Reasons” may be had only upon 24 hours notice to the principal or designee, except in cases of emergency. 7. Watts was in fact absent from duty during the period of Tuesday, February 16, 2010 through Friday, February 26, 2010. 8. Watts failed to notify her principal 24 hours in advance of taking Leave for Personal Reasons for the period of Tuesday, February 16, 2010 through Friday, February 26, 2010. 9. Watts failed to provide a required “Request for Leave of Absence” form for the period of Tuesday, February 16, 2010 through Friday, February 26, 2010. 10. Watts’ nine (9) school day unilateral and unapproved term of Leave for Personal Reasons was in violation of Section 9 of the Agreement, which provides that Watts is entitled to a maximum of five (5) days of Leave for Personal Reasons per fiscal year. Abuse of Sick Leave 11. For the period beginning March 2, 2010 to present day, Watts telephoned the District's Smart Find System to request a substitute teacher for each school day she otherwise would be required to work. For each school day during this period, Watts selected “Sick/Family Sick” (a/k/a “sick leave’) as the reason for her absence. 12. Watts has in fact been absent from duty from March 2, 2010 to present day. Apr 29 2010 16:51 9417147536 04:53:03 p.m. 04-29-2010 8/16 13. Per Manatee County School Board Policy 6.2(1}{a), any employee who claims sick leave for reasons other than illness shall be subject to disciplinary action. 14. Per her own written correspondence with Willie Clark, Principal, Palmetto High School dated February 16, 2010 and February 21, 2010, Watts has admitted that her absences during this period were due to matters other than illness. 15. On Tuesday, March 16, 2010, the District made written request through Watts’ union representative for Watts to provide medical documentation for her absences, as authorized by policy 6.2(1)(b). None has been received. Excessive Absences and Abandonment of Position 16. Watts reported to work on Friday, February 12, 2010. She has not reported to work since. 17. Watts has failed to respond to reasonable efforts by her Principal and other district personnel to ascertain her status or intentions regarding her employment. 18. On Tuesday, March 16, 2010, a final attempt was made to ascertain Watts’ whereabouts. Written request to Watts’ union representative for medical documentation as to Watts’ illness or other information regarding her status was made by the District.. The union confirmed receipt of the District's written request on that same date. No response from Watts or her union representative has been received. 19, Watts’ status, whereabouts, or intentions regarding her employment remain unknown. VIOLATIONS 20. Watts’ actions constitute unauthorized leave pursuant to policy 6.2.11 which provides that an employee is deemed to be on unauthorized leave at any time when the 9417147536 Apr 29 2010 16:52 04:53:32 p.m. 04-29-2010 employee is absent from performance of required duties without giving notice and without having made provisions for appropriate leave. 2t. Watts’ actions further constitute absence without leave pursuant to section 1012.67, Florida Statutes (2009) which provides that any district school board employee who is willfully absent from duty without leave shall forfeit compensation for the time of such absence, and his or her employment shall be subject to termination by the district school board. 22. Watts’ actions violated policy 6.2(1)(a) in that her absences, designated by Watts as “Sick/Family Sick” (a/k/a “sick leave”) in the District's SmartFind substitute teacher request system, were not due to illness. 23. Watts’ actions violated policy 6.2(1){b) in that she has not provided a certificate of illness from a licensed physician or from the county health office as requested by the District. 24, Watts’ actions violated policy 6.2(2)(B)(2) in that her total absences, whether excused or unexcused, are excessive and therefore, have an adverse impact on her students, her school and the District as a whole. 25. Watts’ actions indicate that she has voluntarily abandoned her position. 26. Warts’ actions constitute just cause under policy 6.11 of the Policies and Procedures of the School Board of Manatee County. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent’s employment, effective May!|, 2010. If a hearing is requested, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, May 11, 2010, pending the outcome of the hearing. 9/16 9417147536 Apr 29 2010 16:52 04:53:57 p.m. 04-29-2010 RIGHT TO A HEARING I. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2009), 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 (2009), 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 April 30, 2010, with a copy to Scott A. Martin, Esquire, Staff Attorney at 215 Manatee Avenue West, 2nd 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 (2009), is not available. 7. Pursuant to Rule 28-106.214, Florida Administrative Code, notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. [f either party desires a certified court reporter to preserve the testimony, the party may do so at its 10/16 9417147536 Apr 29 2010 16:53 04:54:26 p.m. 04-29-2010 11/16 own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. pvt DATED this © day of April, 2010, in Bradenton, Manatee County, Florida, t A. Martin, Staff Attorney ool Board of Manatee County .O. Box 9069 Bradenton, FL 34206 Telephone (94!) 708-8770, x2260 Petitioner/Employer

Docket for Case No: 10-002381TTS