May 11, 2010 MEMORANDUM TO: MEMBERS OF THE SCHOOL BOARD FROM: RONALD BLOCKER? Superintendent SUBJECT: TEACHER SUSPENSION WITHOUT PAY/TERMINATION Eric Kilmer Attached is a complaint regarding Eric Kilmer, who | am charging with violation of School Board Policies, conduct unbecoming a public employee, and violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. | have relieved Mr. Kilmer from duty with pay pending presentation of formal administrative charges. Pursuant to Florida Statute 1012.33, if the School Board accepts my recommendation, the employee has the right to request an administrative hearing within 15 calendar days of your action. If no request for hearing is received within the time limit, the termination of the teacher's contract is final. During the 15. . calendar day period referenced above, the teacher will be placed on suspension without pay in accordance with the negotiated agreement between the Classroom Teachers Association and Florida law. | am also recommending that you approve Frank C. Kruppenbacher to act as my representative in this matter. Please recall that we routinely refer these matters to the Division of Administrative Hearings if a hearing is requested by the teacher. RECOMMENDED RESOLUTION: | move that Eric Kilmer be suspended without pay and terminated 15 days from receipt of the attached charges if no hearing is requested. | further move that Frank C. Kruppenbacher, Esq. be appointed to represent the Superintendent in this matter. Attachment SCHOOL BOARD OF ORANGE COUNTY, FLORIDA, BY AND THROUGH ITS SUPERINTENDENT, RONALD BLOCKER, Petitioner vs. Eric Kilmer, Respondent ADMINISTRATIVE COMPLAINT RONALD BLOCKER, as Superintendent of Schools, for and on behalf of the School Board of Orange County, Florida, (hereinafter referred to as “Petitioner’), files this Administrative Complaint against Eric Kilmer (hereinafter referred to as “Respondent’). Petitioner seeks the severance of Respondent's Professional Service Contract with Petitioner pursuant to Section 1012.33, Florida Statutes. The Petitioner alleges: 1. The Respondent, at all times material to this Complaint, was employed as a classroom teacher by the Petitioner, the School Board of Orange County, Florida. The Respondent holds a Professional Service Contract of employment with the School Board of Orange County, Florida. That during the 2009-2010 school year, Respondent engaged in conduct that violates Orange County Public Schools’ policies and the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. That on November 3, 2009, Respondent informed his principal that he was using methamphetamines. At that time Respondent did not show any on the job behaviors that would make his principal believe he was currently under the influence of drugs. Therefore, Respondent was placed on relief 10. 11. 12. f 5 oem, of duty with pay and directed to report to the Employee Assistance Program. That from November 9, 2009 to November 17, 2009, Respondent was on a leave of absence. That on November 19, 2010, Respondent returned to work from leave. Since that time, Respondent has been having on the job performance issues. That on March 17, 2010, Respondent met with his principal to discuss concerns regarding the Respondent's performance. In that meeting, Respondent was observed being jumpy and anxious. The Respondent then admitted that he relapsed and began using crystal methamphetamines. Respondent was then observed by two additional administrators and both agreed that Respondent met the requirements to be drug tested under the District's Drug-Free Workplace policy. Attached hereto and incorporated herein as Attachment A is a copy of the Drug- Free Workplace policy and Reasonable Suspicion packet. That on March 17, 2010, Respondent was relieved of duty with pay pending the results of his drug test. That on March 29, 2010, the District received confirmation that Respondent tested positive for amphetamines. Attached hereto and incorporated herein as Attachment B is a copy of Respondent's drug test results. That on April 12, 2010, Respondent attended a predetermination meeting during which he denied exhibiting the behaviors described by his principal and the other two administrators. However, Respondent did admit to using methamphetamines and indicated it helps him with his Attention Deficit Hyperactivity Disorder (ADHD). The District made a reasonable attempt to provide assistance to Respondent. However, Respondent has now reported to work under the influence of drugs in violation of School Board Policy, File GBEC, Drug Free Workplace Policy. Contained in that policy is the following: os — ‘. -_ “Except in extraordinary circumstances, it shall be the policy of the Superintendent to consistently recommend termination for positive findings of controlled substances or alcoho] except when he/she using a controlled substance under, and in accordance with, the direction of a physician.” 13. Such actions are in violation of School Board Policies and constitute misconduct in office, conduct unbecoming a public employee, violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida, and a breach of the Respondent's employment agreement with the Schoo! Board. 14. Said violations are sufficient grounds to sever the Professional Service Contract with Respondent. The Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its Professional Services contract relationship with the Respondent and terminate immediately the employment of Respondent, Eric Kilmer and authorize the General Counsel to assign counsel in this matter. THEREFORE, the Superintendent of Schools for the School Board of Orange County, Florida, recommends that the Board sever its professional service contract relationship with the Respondent and terminate effective May 11, 2010, the employment of Respondent, Dated this 4 Say of May, 2010. ib. As - 610705 a2 ip’ Frank Kruppenbacher, Esq ‘ Florida Bar No. 238597 Attorney for Ronald Blocker, Superintendent, The School Board of Orange County, Florida 445 W. Amelia Street Orlando, Florida 32801 (407)317-3411 Attachment 66 A”? Co DRUG-FREE WORKPLACE TITLE: Drug-Free Workplace POLICY The Orange County Schoo! Board hereby affirms its intent to maintain a workplace that is free from drugs and other forms of substance abuse. No employee shall use, possess, manufacture, distribute, or be under the influence of controlled substances or alcohol while on duty or on school board property, except when he/she is using a controlled substance in conformance with the instructions of a physician. Possession of a controlled substance or alcohol while on duty may resuit in a recommendation to terminate the employee. Employees on duty shall not use or take prescription drugs above the level recommended by the prescribing physician, and shall not use prescribed drugs for purposes other than that for which they were intended. Employees shall not distribute or dispense any drugs while on duty, excapt as permitted by school board policy JLCD-Medicines/Administering Medicines to Students. REASONABLE SUSPICION TESTING Reasonable Suspicion testing is based upon a belief that an employee is using or has used alcohol or drugs in violation of the Schoo! Board's policy. Reasonable suspicion testing must be based on specific, contemporaneous documented objective and articulable observations and circumstances which are consistent with the long and short term effacts of alcoho! or substance abuse; including, but not limited to, physical signs and symptoms, appearance, behavior, speech and/or odor on the person. Supervisors who have Reasonable Suspicion that an employee may be under the influence while on duty are required to immediately direct the employee to submit to testing as provided for by the board. Reasonable Suspicion shail be in accordance with training provided to managers, and will require confirmation by two trained managers. One of the two managers may include the supervisor, if trained. A refusal to submit to testing will result in a recommendation to terminate the employee. The observation checklist includes, but is not limited to: Slurred speech Confusion/disorientation Odor of alcoho! on breath or person Unsteady gait or lack of balance Glassy eyes Rapid/continuous eye movement or inability to focus Drowsiness inattentiveness Apparent intoxicated behavior (w ithout odor) Physical injury Tremors or bodily shaking Poor coordination Runny nose or sores around nostrils Very large or small pupils ne e Stow or inappropriate reactions Inability to respond to questions Complaints of racing or irregular heartbeat Marked Irritability Aggressiveness Inappropriate laughter or crying Fainting or loss of consciousness Improper Job performance and/or violation of authority Other criteria as specified in OTETA, when applicable POSITIVE FINDINGS FOR CONTROLLED SUBSTANCES OR ALGOHOL = ih POR CONTROLLED SUBSTANCES OR ALCOHOL Except in extraordinary circumstances, it shall be the policy of the Superintendent to consistently recommend termination for positive findings of controlled substances or alcohol, except when he/she is using a controlled substance under, and in accordance with, the direction of a physician. A test result for alcoho! at or above .02 will be considered a positive finding for the purpose of discipline; however, a negative result for alcohol will not be the sole determinant of whether or not alcohol was present. POST EMPLOYMENT OFFER TESTING Upon being offered employment, individuals are req controiled substances as a condition of employment. RANDOM TESTING-OMNIBUS TRASPORTATION EMPLOYEE TESTING ACT (OTETA) Those employees who fall under the Omnibus Transportation Employee Testing Act are additionally subject to the provisions of the act including, but not limited to, random drug and alcohol testing. uired to take and pass a screening for Employees shall be advised of counseling, treatment and rehabilitation services as may be available through the district's Employee Assistance Program. 45 CFR Part 76, Subpart F; Sections 230.23(5); 231.36, LAWS IMPLEMENTED: Florida Statutes ADOPTED: 10/23/01 ORANGE COUNTY PUBLIC SCHOOLS Reasonable Suspicion Instructions for Work Location Managers The following guidelines are to be used by Supervisors to determine if probable cause exists to require an employee to take drug and alcohol test. * Contact Employee Relations immediately at (407) 317-3239 if you suspect the employee may be under the influence. Tell the ER secretary this is a possible Teasonable suspicion case. If your manager is not available ask for another manager, * Employee Relations will ask you if the employee is a Kelly Services Substitute. ed. Follow the same procedures described herein for These substitutes are not test confronting the substitute. If reasonable suspicion is determined send the substitute home by contacting a friend or family member, Kelly Services has advised that they will reimburse for the use ofa cab. * Employee Relations will ask you if the person is an OTETA or Non-OTETA. employee, OTETA means the person drives a vehicle that carries 15 or more Passengers, or weighs more than 26,000 pounds. This question will be asked because different tests are utilized. manager has not had the training, identifying a trained Manager, * Isolate the employee in a quiet and private location, Employee Relations will Fax Ss the employee’s condition using the checklist, or E-mail a checklist to you. Asses: © criteria, advise the employee he/she will be If the employee appears to mest th required to take a drug and alcoho! test. (Remember: Kelly Services Substitutes are sent home at this point. See above instructions for substitutes) ° Ifthe employee attempts to leave, do not physically restrain, but advise the result in a recommendation to terminate employee that failure to take the test may attempts to drive, you will contact law employment, Tell the employee if he/she enforcement, Offer to call a friend, relative or taxi, etc. If they refuse to take the test. DO NOT let someone drive the employee home alone. ° Atfer assessing the employee, immediately cal! Employee R: them know if a fest will or will not be necessary, or if the en tested. i EMPLOYEE RELATIONS C 2 C © Ifa testis necessary contact Health Services at the number below and notify them of the need for a reasonable suspicion tést, © Ifatest is necessary, two managers must drive the employee to the testing facility. Remain with the employes at Health Services until the test is completed. The facility address is located on page (4) of this document. . Note: If this isan OTETA employee, and you check ANY of the following four categories, the employee must be tested: Was the OTETA employee involved in an accident resulting in a fatality? Did the OTETA employee raceive a citation AND someone was transported from the scene for medical attention? Was the OTETA employee cited, AND a vehicle was towed? _. Did the OTETA employee meet the criteria below for reasonable suspicion testing? L. OBSERVATION OF EMPLOYEE’S PHYSICAL CONDITION Please check betow any and all that apply, ~X_ Slurred Spsech / haldeol Seect Confusion/disorientation Odor of alcohol on breath or person Odor of marijuana on breath or person Unsteady gait or lack of balance Glassy eyes Rapid/continuous eye movement or inability to focus Drowsiness ° Inattentiveness Apparent intoxicated behavior (without the odor of alcohol or marijuana) Physical injury. Location on bady Tremors or bodily shaking = at Poor coordination ; D IB GEN? je } ig Runny nose or sores around nostrils i = . a Very large or small pupils “st MAP 1! 2010 Slow or inappropriate reactions EMPLOYEE RELATIONS Additional comments or observations: Fa 7 re ref wo on 4 a SifeHiods, Involens tomy Le. Miveivds flitting, novena Feng well ¢ 90 en f hecitaHy ma speech ete.’ 4 7 i. OBSERVATION OF EMPLOYEFE’S BEHAVIOR Please check below any/all applicable behaviars and describe briefly in the space on the right hand side Inability to respond to questions or to respond correctly Complaints of racing or irregular heart beat Marked irritability Aggressiveness Inappropriate lavghter, crying, etc Fainting or repeated loss of consciousness - 14 Improper job performance and/or violation of authority (rules) Additional comments: fe 0 aCe Ze vv.) pectury m MAR 1§ 2010 EMPLOYEE RELATIONS Ti. DETERMINATION OF REASONABLE SUSPICION Based on the above, I have determined that: 1. There is probable canse for sending = rre. L wer (mame) for a drug/alcohol screen; and/or, 2. The accident/incident requires sending i. dal (name) for a drug/aleoho! screen. Sign/Date: Q Chun 3a he hathlh 3lrty Sign/Date: TRANSPORT TO: HEALTH SERVICES OF CENTRAL FL. 6220 South Orange Blossom Trail Building 5, Suite 51 8, Orlando, FL Phone: (407) 812-8288 Fax: (407) 812-8289 EMPLOYEE RELATIONS Attachment _ “Rp 99 ®@ . oom Frage I « ne oO & FirstLab Highpoint Business Campus, 100 Highpoint Drive Suite 102, Chalfont, PA 18914. (800) 732-3784 Result Certificate This result has been reviewed by a FirstLab MRO in accordance with applicable Federal Regulations. Final Verification: POSITIVE AMPHETAMINES DONOR INFORMATION Donor ID: 191567377 Donor Name: Kilmer, Eric Test Type: Reasonable Suspicion Employer: Orange County Transportation Serv. SPECIMEN INFORMATION Accession ID: 07874338810 Specimen ID: 0028753820 Laboratory: LabCorp Test Panel: Urine Drug Panel Collected Date: 3/17/2010 6:25:00 PM Account Type: NON MRO INFORMATION Rec'd MRO CCF: 3/25/2010 11:14:14 AM MRO Verification/Release: 3/27/2010 9:31:00 AM MRO Signature: tear fea SP Client Access Date: 3/29/2010 MRO UNABLE TO CONTACT DONOR Released by: Camille Crossin MRO UNABLE TO CONTACT DONOR 3/29/2010 hittps://www.firstl ab.com/webreports/result_certificate2.asp?RI=384 1931 &P=1245&C=66...

Docket for Case No: 10-005859TTS