THE STATE 01: FLORIDA
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA
DK JOSEPH P. BURKE,
Superirttondent of Schools,
Petitioner,
v.
ROBERT LALENA,
Respondent.
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ADMIN[STRA'.[JVE COMPLAINT
Petitioner, DR. JOSEPH P. BURKE, Superintendent of Schools of Monroe County, Florida, files this Administrative Complaint, pursuant to Chapters 120, l 001 and 1012, Flori.da Statutes, Rules 6B-4,009, 6B-l .00l and 6B-l .006, Florida Adn:iinistrativc Code, and th.e Policies of the School District of Monroe Co11n1y, Florida and states as follows:
I. JlJRISQJCTIONAL BASIS
A The agency is The S,chool Board of Monroe County, Florida, located at 24l Trnmbo Road, Key West, Florida 3304 l,
The Petitioner, DR. JOSSPFf P. BURKE, is the Superintendent of Schools of
Mo11rM Cot111ty, Florida.. His address i 241 Trumbo Road, Key West, Florida 33041.
The Petitioner is statutorily obligated to recornn:iend the placement of all school personnel and to require all employees 10 observe and comply with all laws, rultls and regulations. Petitioner is required by law to report and recommend appropriate disciplinary
action against any schoo.1 employee who fails to comply therewith, inclusive of the Rcspono.cnt, Robert Lakna.
The Respondent, Robert Lalena., is an employee of the School Board of Monroe County, Florida, and is currctltly empl"ycd pursuant to a Professional Service Contract as a teacher at Marathon High School in IJ1,, Monroe County School District.
E, The last known address of the Respondent, Robert Lalena, is 351 46th Street Marathon, FL 33050.
ll. ADMINISIRATIVE CHARGES
Petitioner, DR. JOSEPH P. BURKE, states as follows:
At all times pertinent he,reto, the Respondent was employed as a teacher at Marathon High School in the Monroe County School Distlict
On or about January 21", 2003, the Respondent, while serving in the United States Army at Fort Bclvior, Virginia, was arrested under Article 15 of the United States Military Code for Use of Amphetamine/Methamphctamine. The Am1y sentenced him to forfeit $575.00 in salary for two months, reduced his rank from E3 to El, and gave him 45 days restriction and 45 days extrn duty.
On or ahout July 27'\ 2004 Commi.ssioner of Education Jim Home filed a Notice of Reasons to deny a Florida Edt1cators Certificate to Respondent based upon the above conduct in the Amty. (,Exhibit "A")
On or about August 18th, 2004, a Settlement Agreement was re.ached wherein the respondent wa.s allowed a certificate ttp,.m complying with the conditions of settlement including
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substance fibuse evaluation and treatment as well as two years probation, a copy of same is attached as Exhibit "B'' a11d il1corporaled herein by reference.
On or about March 21, 20 I I_, at I :58 A.M., in a1,d amund Monroe County, the Respondent was arrested, for the felony criminal offenses of Possession of Cocaine (89.3.13 FSA) and Tampering with or Fabricating Evidence (918.13 FSA).
At the time of Respondent's arrest, he was in fact in possession of"Crack" Cocaine, which he attcn1ptcd to throw away so as no! to be detected by the a1Tcsting officer. Additionally a second "Crack" Cocaine "Rock" was left in the ba.ck seat o:fthe police car_, by Rcspo11de,it.
Just cause exists pursuant to Sections l 0 l 2.33(1)(a) and l 0l 2.33(6)(u), Florida Statutes (2002) and Rules GB-4.009. 6H- l .001 and 6B-1.006, Florida Admit1istrativc Code. for the relief requested herein. Respondc111 had actual on notice based upon his past criminal convicti.on and the proceedings before 1he Florida .Ed11cation Practices Commission that drug use/abuse constituted misconduct in ofllce iii.consistent with the duties and rcsponsihilities cntrnstcd to him as a teacher. Respondent's conduct was inconsistent with standards ofpubli.c con.scic11ce and good morals, impaired his star1di11g and effectivoness .in the school system and in the commm1ity and subjected the School. District and Respondent to public disgrace in violation of Board of Education Ruks 6B..,l.Q06 c1m16B-4.009. Respondent's conduct also failed to strive to achieve the highest standard of Ethical Conduct in violation of6B-l.00l.
3
m. QEMAND fO:R. RELLEF
A. Petitioner, DR. JOSEPII P. BURKE, Superintendent of Schools of Monroe County, Florida recommends that tho Monroe County School Board immediately suspend the Respondent, Robert Lalena, without flirthcr pay or bcndi.ts. The Petitioner further recommends that the Monroe County School Board. after provi.ding the requisite notice, or waiver of hearing for failure to elect a hca1'i11g pursuant to notice, dismiss the Respondent, .Robert Lalcna, from his
employment as an instnictio11al employee predicated upon the foregoing facts and legal authority.
EXECUTED this ,):;,:t:<day of ._/:lJ t,c/ i•,::1_·"-_"' -' 201.1.
STATE OF FLORIDA )
) SS: COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared, DR. JOSEPB: P. BURKE,
to be known to he the person described in the foregoing instrument; and he ach1ow!cdgcd thM he executed the foregoing iMttcument for the purpose therein contained.
WITNESS my hand and seal thiS/;l;z day of -1IJil/)cfr) 201 l.
My Commission Expires:
4
1:6.RTIFICATE QP SERVICE
I HISEBY CERTIFY that a c('PY of this docum nt has been furnished to Robert Lalena, Via Certified Mail, 351 46th Street, Murathon, 'Plorida 33050, Leon Fowler, UTM, 1400 C United
Street, Key West, Florida 33040, Cheryl Allen, Di.rector of Personnel, Monroe County School
237633\Corrcspondcncc\GDRI I 53m a.doc
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3139 - EDUCATOR MISCONDUCT Page I of 1
The School Board of Monroe County Bylaws & Policies
As required by the provlsioM of State Board of Education Rule F.AC. 6B-1.ll06(5) and the Principles of Instructional Conduct of the Education Profession in Florida, an instructional employee is required to self report within forty-eight (48) hours any arrests/charges Involving the abuse of a child or tl1e sale and/or possession of a controlled substance. such notice shall no! be considered an admission of guilt nor shall such notice be admissible for ;;ny purpose In any proceeding, civil or criminal, administrative or Judlclal, investigatory or djudicatory. In addition, self•reporting shall also be required for any conviction, finding of guilt, witl1!1oldlng of adjudication, commitment to a pretrial diversion program, or entering a plea of guilty or nolo contendere for any criminal offense other than a minor traffic vlol,,tlon within forty-eight (48) hours after the final judgement When handling sealed or expunged records disclosed und!lr this polley, the District shall comply with !he confidentiality provisions in Flor'1da statutes.
Furthermore, all legally sufficient complaints against a member of the Instructional staff shall be reported to the Department of Education within tl1irty (3"0) days after the date on which the subject matter of the complaint cornes lo the attMtlon of the Board or the office of thi, Superintendent. A complaint is legally sufficient for reporting if the subject matter of the complaint includes any of the grounds for discipline or dismissal set forth In Florida statutes.
The Superintendent shall require the! all legally sufficient complaints are timely flied in writing with the Department of Education. The Superintendent shall file will, the Department of education all Information relating to the complaint whlcl1 I'S known to the Superlntende11t at the time of filing
It is the responsibility of all employees of the Board to promptly report to the office of the Superintendent or the office of Human Resouroos Services any comi:,lalnt against a member of the instrnctlonal staff that comes to tt,e employee's attention and that Includes grounds for the revocation or suspension of a leaching certificate. The willful failure by an employee of the Board to promptly report a complaint shall constitute cause for discipline of the employee as provided by law and Board polioy.
F.S. 943.0585(4)(c), 943.059(4)(c), 1012,795, 1012 796
F.A.C. 68•1.006 · . " _, ;
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3140, SUSPENSION OR TERMINATION OF INSTRUCTIONAL STAFF
Page I of2
The School Board of Monroe County Bylaws & Policies
It Is the desire of the School Board to maintain st:;,ff of wella!rained, competent Instructional employees in order to offer comprehensive services to the students of this District.
No employee may be suspended from duty except by the Superintendent or the Board. The Board I1ereby
d legates to the Superintendent authority to suspend a member of the staff, with or without pay, for a period extending to the second meeting of the Board after the suspension becomes effective, The Board shall be notified of all such suspensions.
In I.he case of a suspension without pay by th!) Superintendent or the 8Mrd, an affected empfoyee shall be entitled to a hearing on the charges as to wl1y s/t1e was suspended without pay. Said hearing shall be upon rMst>hable notice by the Superintendent.
In any dismissal proceeding in wl1ich the substantial interest of t11e employee is affected, or in which the employee has a property interest. me employee shall be entitled to a hearing on the merits of the case in accordance with the provisions of Florida statute. Altern,;,tively, the employee may contest the dlsmlssel through the grievance and arbitration procedure pursuant to the applicable collective bargaining agreement.
In the event an employee ts entitled to a. hearltig, the Superintendent shall notify the affected employee In writing or hI$/her right to a hearing t the time petitiM for suspension or dismissal Is Ried. The petition for suspension or dismissal m st set forth the charges against the employee and shall further notify th"' employee that in the event a written request for a hearing is not received by the Superintendent within ten (10) days after receipt of said notice,
the emplbyee waives his/her right to a hearing. In the event no such notice is sent by the Superintendent, tt1e employee st1all be deemed to have requested s hearing.
In the event a hearing is required as prescribed by law, pursusnl to this policy, a written notice of hearing shell be furnished to the employee in a timely m:;,nner ccording to law stating the data, place, and time of the hearing.
No member of the staff rnay be dismiMed excnpl by acllon of tho Soard. Any suspension or dismissal shall be as presc1·ibed by l w.
NM-renewal of employees during their probationary period or upon expiration of sn annual contract shall not be considered dismissal and shall not be subject 1o this policy.
Any provision In the collective bargaining agreement to the contrary shall supersede this policy.
The Superintendent may require a physical, psychological, and/or psychiatric examination by a physician licensed in the State of Florida when In the Superlntend,,nt's Judgment SlJCh an examination is .lob related and consistent with business necessity, or when It Is necessary to determine whether tl1e employee poses a direct threat to the safety oftl1e employee or others. The Superintendent shall select the physiclan(s), psychologist(s), or psychi;atrist (s), and shall pay all costs tncurreo' In the exarr,lnatlon(s). The employee shall allow the physician(s), psychologist (s), or psychlatrlst(s) to submit a written report 10 the Superintendent advising the Superintendent whether the employee is able to perform the essential functions of his/her position, with or without reasonable accommodation, with a. copy being forwarded to the employee. Refusal to take such required examination shall be gro,mds for immediatll dismlsMI.
An instructional employee may be suspended or terminated at any time during the term of his/her contract for
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3140 - SUSPENSION OR TERMINATION OF INSTRUCTIONAL STAFF Page 2 of2
cauM pursuant to provisions of Florida slalules.
The Superintendent shall determine the natur,, and effective date of the suspension or termination. Employees In bargaining units shall refer to collective bargainin8 agreements.
F.S. 1012.22, 1012.27, 1012.33, 1012.34
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3210- STANDARDS OF ETHICAL CONDUCT Pagel of2
The School Board of Monroe County Bylaws & Policies
An effective educational program requires the services of men and women of integrity, l1lgh Ideals, and human understanding,
The School Board hereby establishes the following as the standl;lrds of ethical cond ct for all instructional staff members In the District:
An instructional staff member shall:
make a reasonable effort to protect the student from conditions harmful to learning and/or to the stud.:.nt's mental and/or physical health and/or safMy.
not unre::lsonably restrain a otudent from independent action in pursuit of learning. 3, not unreasonably deny a student access to diverse points of view.
4, not Intentionally suppress or distort subject matter relevant to a student's academic program.
not Intentionally expose a student to unnecessary embarrassment or disparagement.
not Intentionally violate or deny a student's legal rights.
not harass or discriminate a11,iinst any sttJd,;,nt on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orle11!a!lon, or social and family background and shall make reasonable efforts to assure that each student IS protected frorn harassment or discrimination.
not exploit a relationship witt1 a student for personal gain or advantage.
keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or Is required by law.
1O. take reasonable precautions to distinguish between personal views and those of any educational institution or orgnnization with which the individual is affiliated.
not Intentionally distort or ml,1represent facts concerning an educational matter in direct or indirect publ'lc expression.
not c,se institutional privileges for personal gain or advantage.
accept no g.ratulty, gill, or favor that might Influence professional Judgment.
offer no gratuity, gift, or favor to obtain special advantages.
m intain honesty in all professional dealings.
not on the basis of race, color·, religion, sex, age, national or ethnic origin, political beliefs, martial status, handicapping ,:ondltlon if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or participation In any professional organi atlon.
not Interfere with a colleague's exercise of political or civil rights and responsibilities.
not engage in harassment or discriminatory conduct which unreasonably interferes with an individual's performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, lnllmldallng, abusive, offensive, or oppressive environment; and, furt11er, sh II make reasonable efforts to assure that each Individual is
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3210 - STANDARDS OF ETl'IICAL CONDUCT Page 2 of2
protected from such harassr,1enl or discrimination.
not make malicious or Intentionally false statements about a colleague.
not use coercive means or pwmise special treatment to lnfiuence professional judgments of colleagues.
21- not misrepresent one's own professional qualifications.
not submit fraudulent Information on any document In connection with professional activities.
not make any fraudulent sta1ement or fall to disclose a material fact In one's own or another's appllcalion for a professional position.
not withhold inform tion reg;irding a position from an applicant or mis.represent an assignment or conditions of employment
25, provide 1.,pon the reque$( of ,1 certlfio.ited individual a written statement of specific reason for rocommendations that lead 10 the denial of Increments, significant changes In employment, or termination of employment.
not assist entry into or continuance in the profession of any person known to be unqualified in accordance wit11 these Principles of Pra'fess!onal Conduct for the Education Profession in Florida and other applicable 1•1orida statutes and State Board of Education rules.
self"report within forty•eight (48) hours to appropriate authorities (as determined by the District) any arrests/charges lnvolvlnq the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or Judicial, investigatory or adjudicatory. In addition, Instructional staff members shall self•r®port any conviction, finding of guilt, Withl1olding of adjudication, commitment to a pretrial diversion
program, or entering of e plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty"elght (48) hours after the final judgment. When handling sealed and expunged recoras disclosed under this rule, school districts shall comply with the confidentiality provisions of F.S. 943.0585(4)(c) and 943.059(4)(c).
report to appropriate authorilies ar1y kMwn alle9ation of a violation of the Florida School Code or Stale Board of Education rules as defined in F.S. 1012.795(1).
seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or Stat!> Board of Education rulss as defined in F.S. 1012.795(1).
30, comply with the conditions of .in order of tho Eaducation Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice.
31. as the supervising administrator, cooperate with the Education Practices Commission In monitoring the probation of .i subordinate.
In addition, al.I instructional staff m,imbers shall act In $ m nner consistent with the provisions of the
Code of Et/Jics for Public Officers and Employees as set forth In F.S. 112.311 et seq.
No instructional staff member shall have any interest, financial or otherwise, direct or Indirect; engage in any business !ransactlor\ or professional activity; or incur any ot>ligatlon of any nature which IS in subStantlal oonfilct with the proper discharge of his/her duties in tl1e public interest
All instructional staff members shall be required to complete training on the standards established herein upon employment and annually thereafter.
F'.S. 112.313, 1001.42(6), 1012.23
FAC. 68"1.001, 6B-1 006
Adopted 7129108
Revised 12/15/09
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68-1.00] Code or mhic of lhe Ed11cation l'rofrnion in Florida.
The educator vrrlu• 1ho worth and dignity ,)f every p•r on, the putsu.it of !filth, devotion l<J excellence, acquisilion of knowlcdge1 ,tnd the nurture of democratic citizenship. Esscntia.l to the achieve1netH of these standards arc the freedom to learn nod to teach and the guo.ra11tce of equal opportunity for alL
The educator's prim1try professional concern will always be for the student oml for the development of the studenrs
potential. The cducutor will therefore st'r.ive .f<)r p.rofrs..:.it."mal growtl, n.nd will 8CCk to exercise the best profe sional judgmem !:l.nd
integrity.
(:l) Awmtnfthe ih\ 1mrtnc t1fi@fohi'itiiJ\g,.IJic··l't.: p ci:ttnd,con:lide111:e of·onerscolleagues, ofslutlcnts,. of.p1tre,ms, ,md· of otlm
members cf the c<.1mri'lunity, the educator strives to rJC.l I i v1e ri11d·$:fr t:Jih the ht&!ht St d /if(!i:, of cthidl G()l'.!:d'tltt:.
Specific ,1111ho1·/ty 22Y.1!53(!}, 231.546(2)/1>) FS. Low /111pl,,,nenwt123l.546/l)(b) FS. History•/-1,M' J.,21-65. Amended 8,9,69, l?epmm11/gm,d 12- i-71. Amended b\/,?-81. 7.6,82, l'om:er/y 6/!-1.01.
6B,l.006 :Principles of Professional Cond11ct for !IH) Education Profession in t'lnrld•.
(I.) The fo11('lw/.:ng di ciplirtfiry ru!.e hnll e.onsbtutc the Prindplc of Profc1,simml Conduct for the Educi-ilion Prnfo\ls-ion in
Fl<irida.
Vk>lfltion of any of these prindpks shall subject the individunl to revocation or suspension of the individual educ tot's cmificate, or the ,>1.h<:r pe1rnlties /Is provided by l•w.
Oblig•ticn to the student requires that the indwidual:
Shall make reasonal;,lc effort to protect the st\1de11t from cond.itions harmful to learning and/or to the student's mental and/ or physical health ,mdlor safety.
Shat! not unreasonably re "tra:in u st11dent from independent actio.n 111 pursuit of learning.
Shall not 11nre11..i:;cmnbJy deny a student acces H"; diverse point of v1ew,
Sholl not intentionally suppress or di5tort suI1icct matter relevant to• studen.t's ocndemic pr<>gram.
Sliall not in1c11tionolly expo •• stLtdcnt to uMw::,Mry embarrassment or disparagcn,ont.
(f;) Slm.11 not !.ntenticnalty viotnte or deny a student's legt1l rights.
Shnil not hara or di:mrhninat.e a.gai.nM ru:ty titudcnt on tbe basis of mcc 1 color, religion, sex. age, m1ti.omd or ethnic orig·in., political belief.,, 1rn1rit I s!atus:, handicapping condido.n, sexual o.rienti:nion_. c,-r licin.l and fo.mi!y background tind hnll make rnasonnbl i:ffort to a silre that ench :cttudent is protected from hnra- mettt or dl crimlmltton.
Shatt nc t exp·loit t1 rch1tionship with a tit:udent li:Jr personal gain or udvnntagc.
Slrnll keep in c;mfidcnce personally ide11tiliable infortMtion obtained in the course of professional .9ervicc, Wlless disclosure serves pmfossionul purposes or is required by law.
Obligation to the publio requires th,t the individual:
Shrill take reasonable precautions to distingui$h between pets{)nn! vi.cws and thm,e o:f any educ 1tional institutfon or organization with which the indi¥idual is affiliated.
Shnll 1iOt intentionally dist<,1'1: dt' :rn.i r prcsent facts concern:i.ng an. cd1:.1cadunnl nmttcr in direct or Indirect public exprci:.!'lion.
Shall not use institutional privileges for person:i.l nin or ndvama.g".
Sh II \ocep( no gnm,ity, gill, or favor that niight inlluence professional judgment.
Shall offer no gratuity, gHl, or favor to obtuin e:peeial ad"umnge .
Obligation to the profession ofeducatio.n rcquiccs that the individual:
(11) Shall maintain h(Jl1e ty in ttll profossional deal.\1.1gs.
Shall not on the hasi of race, color religion, :,i.l:X.. 1ge. natfonal or ethnic origin, political bel:ie fa1 ma-Mt.al t tu.s. lrnnd.icnf-1:l,")it1g
condition if otherwise qm1!ificd., or sodn1 imd family hackgrnund deny tn n colleague ,professk,na.l benefits or advantages M
pattic.ipation it1 m1y prnfo:,,:--innnl org!.mizn:tknt·'. ..., . ' '
,(c) S·h_:lll not imcrf"Cre whh a cQl.l(;llL t)e·;i; c.is_c·; ,ik iif pi.Jl.ltical or civ.il rightA and tct-iJ)on ibililk .· .
, (d) 5hull not engage in harn$sment or discrimi11ntcry conduct which unrc,rnon;ibly interferes with lt individual's pet'fo!'m.ance of professional o.r work resp(m.sihHitie$ or \\'Ith che ordt·dy procc t;es of education o.r which creates a b()sti!e,. i11tintida1:ing. i.ibusi'Vl\ offen ivc, or opprc!:lsive environment; an.cl, ihrt hc11·:,;hall make l'<":mmrutble cff01i to a $1.ll'C that each individual i protected from such bnm mc-rH or cHscrimintr.tion,
Shall nill mnke mnlick\uS or i11tentionnlly false .1tntcmenrn nbout colleague.
hall nt'1i: ti:iH. coercive me.ans or prom:nse pcci.ii1 u·entn,ent to i.nfluence professionnl judgments of coUeagtws.
Shall not misrepresent on.e's (.JWt1. prcifot:: domll ,1ualifica1:ion:-:i-,
Shall not. ubniit fraudulent information on nny document in connection with professional activities.
Shull nl:'>1' m kc any fraudulent stat., 1.nent or l i.I to disclose a 1:rmtcrinl fnct in one'I:• ovvn or n11other' s applkatkin fl1r a
prof'es kmn.l poo:ition.
Shall not withhold illfonnatirn1 regarcti11g a position from an applicant or misrepresent an assignment or conditions of
employment
(k) Sh IJ ptovidc upon the request of the certificated individual a v.rrittcn staternent of specific reason for re, ornmendat.itms. that lead to tbc dm1.ial of inc.tcmcnts1 significl'l.nt changes in employment, or termination of employment.
(\.) Sllilll not Msi!t entry into or continuance in the profession of any person known to be unqualified in nccordance with these
Principles of Professional Conduct for the Educntion. Prt\feMion in Florida and oth r applicable flotlda SU.lutes and State Board ,,f f:'ducatlM Rules.
Sfoll ,st,!f•t:ep,m 'wi'thin. lfrrt,y,eitlht (48) h,,ttr! to 11pj).1x)pri!lle aulhoriiios (t<cs deterfrHnod By d'L\t6cfl HIIY t1rre,tslcharges involving the abuse of n child m· the sale and/or possession of n C{ ntrolted ubstnncc. Such □(Hlcc. shall not be con.side.red a.n admit,:;:,;·in.n l-,fgt1ilt nor sh U such notice be idmfol'libk for tmy purpose in any proceeding, civil o,r cri.minaL administrative ot judicial inve tigntory or ndjudicatory. In additidn, shall sd/ 1':po,rt any eo1wiction. find.Ing of guilt, withholding or adjudication, commitntcnt to n. _prt:!tr-i1,1l divct.< fon program, or entering of a plea of guilty or Nolo Contendf'e for any criminal (;ffCnse nthcr than a tnJnor traffic vk,lati(,n within forty.eight (48) hours after the final jod,pn.ent. When handling scaled and cxptmged records dfaclascd under this rule, , cbool districts sl1n ll comply with the confidentinlity p11,wi.sfons of Sections 943.0585(4)(c) and 943.059(4)(c), Florida Statutes.
Shnll report tD •wmrriate authorities any l<nowo alkgotion <>f n violation "I' 1hc Plorid• School Cod• or State Board of Educotfon Rides as defined in Sectio,i J.3!.28(1), Flol'ida Sttttutcs,
Shall seek no reprisal against. any individual who hns reported any tlllegation of a violation lif the Florida School Code or State Board of Edttcntion Ruka M defitted in Section .:!31.28( I), Florida Statutes.
Shnlt comply with the. condit.icm$ of an m-clcr nf the Education .Practices Co111n1is.sion irnpm;.1!,g probation, impoi:ii.ng a fine or
rc:5tricting the .:,i,t1thori:r.cd !le.ope ofpractfoc,
Shall. as the . upcrvLsing adntinistratc,r, cMpemte with the .Education Practices Corrunission in monitori11g the probation of a subordinate.
Sp1. t:i/1t Attthi,ri v 22.9.053(1 ), ?,JJ,546(2)(1,) FS. Law hnph·,n(:mtad 2:?!.546(2), 1J!.28 FS. fli.rwiy-Nt'W 7M6w82. !lm •nr.lcd 12-20-8.t Pormerly 6E
U)6, A.mt:md(irl 8-,l(}w02, 12-2 -M.
' .
B,4.009 C,itc.rin for Suspension ond Dlswis,ol.
The basis fol' charges upon which dismissal action agnlnst instructional personnel may be pursued ,ire set forth in Section 231.36, Florida Statutes. The bnsis for each of st,eh ehnrges is hereby defined:
l11compele11cy is defined as iunbility or lack o I' 6tn.ess to discharge the required duty as a result <>f inefficiency or in\:rnpacity. Since inc<.'mtpetemiy fa a relative t.errn, an :rn.tl1oritativc decision in au individuar case may be made nn the ba.sis of testimony by members of a panel of expert witnesses appropriately appointed from the !eneliing prnle$sion by tho Comuiissioner of Edt1cation. Such judg111tnt shall be bused on n preponderance of ,,videncc showing tho existence of one (I) or more of Uic following:
foefficicncy: (1) repeated failure to pcrfom, duties prescrib"d by law (Secti(,n 231.09, l'lorida Sta1u1:es); (2) repeated failure on the pan of 11 teacher to communicate with and relate to children i.n !Ile classroom, to such nn. extent that pupils are deprived of minirnuin educntion·nl ex:pcricncc; o-r (3) repented fo:ilure 1.in the part of an adminislrator or upervfaor to communicate with and relate to teachers under his or her supcrvis.ton to $uch an e;'(te11t thnt. the educational pmg-nun for which he or she i te,Sponsibk: is
:-:;e:ri.ously lmpaitcd.
lncapnc,ity: (l) lack of emotional stability; (2) lack of adequate physical ability; (3) l•ek {lf general educatic,nal back:gmund;
or (4) lnck of adeqturW cmnmand of his or her tliC-n o.f pec.iallzetkin.
(i) htn.'!1( hiiiit · jg:dH/.iitfd:·M•-r:::t m1.t1dt :t!Jrt : 1 }.np-l1r1 "i$t 1lt:1•1/i.th 'the i-tm.11tfardi-1 :tif,.pnt lic 1'1;11i c-ie1ttt. ct11tl-,gc.1/Jd nrj•1· ri:.. rt -is- cm1.duct s11f;tki ht1y ndto:ribui m bribJ\ 1110 fndi:vid\fol r.oncem¢d ,,ir the education prol,, si,m into public disgr. t,e or ,li :ipctt aud imr11it Ille indivfdnbl ',: ietvii;t; iri. the eofam1mity.
(:J) Mtsconduct in otflcti is d.CVii:ied .a:!1 a violu.tion. rd' the Ct dc cf Ethics of fhe Education Profossfon as adoptecl in Rule 6B 1.001, F.A.C.. ::tnd the Principles of Ptofo kinoJ Conduct for the .'Education Profession it, Flo1i.d{1 fl!l. f.ldoptcd tn Rule 6.B I ,006. T·',A.C.• which is so serious as to impnir the individual'; effectiveness l.n the schnol system.
Gross init1bt1rdit1ntion or willful neglect "f duties is defined as a MllMrtnt o.t contimting intentional refusal 10 ilbey a direN ordcr1 reaso1rnble in t'lnturc, and g.iven by and with proper authority.
l)mnkenness is defined""'
That condition which cxfots when an individl1al publicly is under the influence of nleoholic beverages or drugs tll . ucll an
exlcn.t that hi other normal l'.aculties are impaired: or
Convictkm ·on:tlw·c.h1m:rc·.Pf.drm1kent1ess·l::iy.u :·.,mrt..tlf li1v.1•
(ffl lvfor/\:1 (\!i'jlimtM ii ,1 ciiim,. thiii fa 1/lliilbribl,d liJ; itH (1rii:t'ha c11tss, Vilent s or dep;avity in the private .and socinl dut:ks. 1.drfthi. t1tt ordi:tI to"l'lm·l1ect:im d.·- taUdfrr'ct :·( fthe:.tithc a t1'.um i)wes·:U) .lti!-:·:-or her fefh:.1,w:.nrn'h,:M·.t:o·!;lic:lcty Hi-.g h'er,al; .!1rt·d t:lHi•d( hJg: ('.if
·the .101 il's'dt,,nil 11()1.··ifaj,roMhTl'/bh.hy ifolc1te•:fi e$ Ilk mornl1t,tjfitude,
Sprti/k Al'1llwl'lrv 229JJ5J(/), .231.546(1,)(a), (h) P:1. La,.1,1 h 1pfcmmn \J' ]3!.36(4)(c). 13/.546(2) PS. Hislo1:v-New J.7.,25.-M. Amcll(fr•d 9-R 6 .
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I ,
IN RE.: The Denial of the Application for Teacher's Ceril!h:llte of:
ROBERT B. LALENA.
St ATE OF FLORIDA DEPARTMENT OF EDUCATION
ROBERT B. LAUmA, 351 46 Street, Marathon, Florida 33050, Department of Education Numb r 928049, having filed h.is application for a Florida Educator's Certificate before the Department i:,f Education; and
The Department of Education having reviewed tile application in accordance with Sections 1012.56, 1012.795 and 1012.796, Florida Stamtes, has detennined that ROBERT B. LALENA is net entitled to the issuance of a Florida Educator's Certificate, accordingly;
The Department of Education files and serves upon the Applicant, ROBERT B. LALENA, its Notice of Reasons for its denial in accordance with the provisions of Section 120.60, Florida Statutes, and as grounds therefore, alleges:
On or about January 21, 2003, while sorvillg in United States Army at Fo,rt Be!voir, Virginia, the Applicant was arrested under Miele 15 of the Unites States Military Code for Use of Arnphetamine!Methamphetamine. The Anny sentenced him to forfeit 5575.00 salary for two months, reduced his rank from F.3 to EI, and gave him 45 days restriction eJJd 45 days extra duty. On or about May 19, 2003, he was discharged from tlie Anny under honorable conditions for misconduct.
The Department ofEde1.cation charges,
STATUTE VIOLATlONS
COUNT l: The Applicant is in violation of Section 1012.56(2)(e), Florida Statutes,
which requires that the holder of a Flol'id Educator's Certificate be of good moral character.
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ROBER'r 13. LALBNA
Notice of Reasons
Page 2 of2
COUNT 2: The Applicant is in violation of Section l012.56(10)(a), Florida Statutes, which provides that the Departmem of Education may deny an Applicant a certific te if the department possesses evidence satisfactory to it that tho App!Jcant has committed an act or acts, or that a situation exists for which the Education Practices Commission would be authorized to revoke a teaching certificate.
COUNT 3: The Applicant is ill violation of Section 1012.795(1 )(c), Florida Statutes, in·
tMt he hgs been guilty of gross immorality or an act involving moral nirpitude.
WHEREFORE, the undersigned concludes that ROBERT B. LALENA has committed an act or e.cts or that a situation exists for which the Education Practic s Commis.sion would be authorized to revoke llll ed11cator's certificate. It is therefore, respectfully recommended that the Education Practices Commission affirm the Department of Education's denial of the im1ance of a teaching certificate to the Applicant based upon I.he reasons set forth herein, in accordance with the
•Explanation of Rights form which is attached to and made a pan of this Notice of Reasons.
EXECUTED on this 2._1.1.-!,. day of :::S w--\3 , 2004.
issioner of Education State ofFIorida
08/0S/2004 Ol:Oe FAX
STATR OFli'LORlDA EDUCATION PRACTICES COMMISSION
In re: The Denlau,ftbt Application for 'fe eher's Certlfleaie of:
ROBERT B. LALENA,
CASE NO. 034-2054-SA
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Petitiom•r, ROBERT B. IALENA, end Respondent, Jim Horne, as Commissioner Jj
Educalkm, hereby stipulate and agree as foll()ws:
Aopll5;11t!ml, Petitioner appli·ed for a florida educator's certificate, which tl1e
RMp011dent denied byNotiee ofReason.s previously filod herein.
A,j)eeations, Petitioner oeither admits or denies, but elects not to colltcst the allegations set forth in Respoi1dent'1 :Notice ofRel'Sons, which nre incorporated herei1, by rcfortnce.
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c;erti.Qs,1!.l\,. Responde:nl agrees to issue a certificate to the Petitioner for which he is olherwi1e qualified, subject lo lhe 1·emictions and conditions set fortll in 1his Sottlcmenl Agreemen1.
4, l,, tter 9,{,j.eprlmaµd. Pe1itioncr agrees 10 accept a letter ofreprimand, a copy of whiob shall be placed in his cct1ification file with ll1e Department of Education and a copy of which shall ho placed in hi personnel file with 1he employing school disltict.
•· Subsb1t,1:o Abu,, Evnlun1ion: Petit.io,,er agrees to,
1} submit to an evaluation relating to the issues cited in the
Notico of Reaso1,s as determined by the Recovery Network Program (R."1') and conducted by R
Florida subStanee abuse cou s lor apprnveo by the RNP;
provide lhe RNP writ.ten verif1cation Ji-om the treatment
ROB.ERT B. !.ALENA
Setllernent Agreement
Page 2 ofS
provirler(s) of succo!sful oomi,lclion of the evalu tion within sixty (60) days of issuance of the Fin.al Order occeptinij this Se1tlemont Agreement or withi11 sixty (60) day$ of mployment in a position requiring a Florlda educator's certificate and authorize RNP to relei\Se evidence of satisfaction of this requirement directly to any employing school district or private or charti:r school;
profes ion:tl:
undergo any counseling or treatment as may be prescribed by said
provide the R1'1' and the employing school district r private or
charter school with written verifi.eatioi, from the treatment providor(s) of completion of all recommended treatments within 60 days of COlllpletion;
subml! lo periodic substruice abus= screenings at the direction of RNP, the employing School district or private or charter sehool and authorize reporting ofresulls to each cntity.
1ake any medicines as prescribed, if applicable.
Petitioner agrees that be shall be placed on probation
fot period oflwo (2) employment years. If Petitioner is currently employeo in a position ro.quiring a Florida efacator's eortlfierJte, prDba1ior, shall begi.n upon the issuance of the Final Ord r by the Education Practices Commission ("EPC") provided the EPC has accepted this Settlement Agreemortt. If l'etitioner is not currently employed ln a positio11 roquirillg a Florida educator's ccrtifieate, pr bation shall begin upon his re-employment in such position. In the event Petitioner's employment is imerrup1ed ior any reason prior to the expiration ofprobatic11, the probation. hall be tolled u111i\ Pethionr.r resumes employment in a position requiring a Florida educator's ctrtificate. As eondit!oni of probation. Petitioner:
•· shall immodlatclycontact the Bureau ofEducator Standards (BES) upon omployniel)t in Florida in • position ro9ulring • Florida edueator's certific3!C or upon termination from suoh a i,ositio!l. If currently employed in @ch e po,sition, Petitioner shall contact the BES Within ten (10) days of the issuance oflhc Final Order accepting this Settlement Agrocmcnt and Petitioner shall provide the BES with the name and address of his work site as well as the r.ame, address and telephone ncimber of his immediate supervisor.
h. shall make anangomcnts for his immediate supervisor to provid the EPC with a true and socurate copy of each writtei, =ual performnnee evaluation or assessment prepared by his supervisor within 10 days of it preparation;
c. sh I pay10 tbc EPC S150,00 within the first six momh of each probation
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CB/OS/2001 01:08 FAl
ye.nr to defray the com nf monitoring probation;
ROBERT B. LA.LENA
Settlement Agreemont
Page3of5
d, shall not con.sumo, inject or ingest any controlled substances unless
prescribed or administered for legitima,e medical purposes;
e, •hall violate no Jaw and fully comply with all district school board regulations, school rules, and State Beard of Educatit1n Rule 6B-1,006; Md
f, shall satisfa¢torilypcrfotll'1 his duties in a competent, professional ml!Mer.
Vlol<1t!gn., In the event T'o1itionor fails to crnnply with each condition set forth heroin, he agrees that Responderlt shall be authorized to file an Administrative Compl:i.int or a
Notice of Violation with the EPC seeking sruictio11S against his Florida eduea1or's certificate up to :uid including p6rn1a.n,ent revocation of his Florica educator's certificate and permanent bo:
from re,applieation for a Florida edU<:atdr's eertil'icMe, based upo11 the violation of the tenns of this Sett1cmen1 Agreement.
8, Co, all Petitioner agrees that any colrt- O$$ociated with the fulfillment of the tenns oftbis Settlement Agreement, including those associated with the Recovery Network Program (ru'l"P), if applical:ile, and the terms of Petitioner's probation, if
applicable (including the stat1m:,ry $1$0.00 per year probotio11 moniloring fee), $hall be the sole respon ibility of Petitioner. However. the probation m011itoring fee !!!\all be held in abeyance if
?eti1icner Is not etnploytd as an ed11c31or pursuont to tlle terms of the Probation.
9. EM.. This Settlomcm Agreement constitutes an <>ffer of settlement disputetl issul?!l of material fact until a,cceptcd 3)>d C1<ocuted by all parties. The Settlement Agreement is void and has no force or effect unless exocutoo by all parti s nd accepted by the ' EPC, If the Settlement Agreement is not accepted and Cl(ecuted hy all parties, the mms herein shall be inadmissible in any subs•9uent formal or infomial administrative hell!ing or in any other legal action between the pru1ies,
lo. !SAfJ•• o! "Three StrJkes" J>royision.. Petitioner is hereby put
oll notice that Section 1012.795(6)(b), Florida Statutes (2004), provides for permanent
revocation ofan educator's certificatt under cci1ain circumstances when the edueato('5 een.ifieate has been sa etioned by the Education Practices Comrnitsion OTI two previous occasions,
;\\:'.;tive,r of Riilbt,;, Petitioner understMds provisions of this
Settlement Agreemen1, tMir legal effect, a11d his rights under Florida law to a fonnal hearing befor a duly desigt1ited admi11istrn1iv¢ Jaw judge oftbe Pivision of Admlnistrativc Hearings (DOAH) or a..-i infottnal hcal'ing before the EPC, The Petitioner $pccifical1y waives his right to both a fomilll Md an informal hearing, except he may appeat before the EPC in order to urge the
C2 2 lJd l 1 d38 1:112
os,cs,2004 01,oa F,>.I
adoption of this Soltlement Agreement. The Petitioner fanhcr acknowledges that he is under no duress, coercion or undue it1fluenee 10 execute this Settlement Agreement and that he has hM the 0;1portu11i1y to receive the advice oflegal counsel ptior to signing this Settlement Agreement
· pprnv•l.·When fully e eouted, !his ScLth,rnont Agrceme!:rtt shall be -submittr,I to the E:l'C with the joint request by the p rties that the EPC accept and adept the terms of this Sc!ltl m !lt Agreement as the basis for its Final Order in this proceeding. The parties undcrstan.d that the EPC has the disotbtion to reject thi! Settlement Agreemellt i!nd order a foll evidentiary hel)l"i(,g on the allegations of the Notice of ROMons if, in the exercise of ii:$ discretion, it deem; such nc1ion to be appropriate,
13, JS9.titt. Petitioner waives all Stn!Utory and regulatory provision; concerning notice of hearing and ag.rees that this Settleme,11 Agreement maybe presented to the EPC for consideration t jts next vlillable scheduled meeting, prov,ded that the Petitioner is given reosoneble advanced notice of time, place and date of said meeting.
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(SIGN!\.TURF.S AND NOTARIZATION ON FOLLOWING PAGE)
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ROBERT B. LALcNA
Scttloment Agreement
IPagcS of S
STATE OFFLO:RIDA
C0JJNTY OF fQ O:)t" O·-C.
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;I c sel Suite 1232, TUl'lingtor! Building 325 We$! Galncs Street Tallahassee, Florida 3239.9-0400
Telephone (8$0) 245-0443
Facsuni!t (850) 245-9425
ATTORNEY FOR RESPONDENT
i<:'t HERDMAN, ESQ.
2595 Tampa Road
Suile J
?aim Barbor, Florida 34684 Telephone (727) 785-1228
Facsimile (727) 786-4107
ATTORN'!lY FOR PETITIONER
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KATHLEEN M, RICHARDS EDUCATION PRACTICES COMMISSlON
STA.tE OF FLORIDA
GRACE WILLIAMS
ANNCOCHEU LUCILE CASEY
C,o-,Chn.lrperRon
January 21, 2005
Roben Lalenn 351 46th Street
M tathon, Florida 33050
Re: Rohen Lalena vs. .lim Hom
EPC No.: 04-0282-D: DOE No.: 928049
Dear Mr. Lalena:
0
As you know! the tea her p.artel Qf the Educ.mi on Pni.ctice5 Commis ion reviewed the matter pending against you. Besed upon the panel's consideration of this matter and upon tho panel's acceptance of your Selllement Agre ment, you are hernby reprimanded.
This pallel, composed of your peers, believes that, as a teacher, you are required to exetcise a me11sur• of leadership beyond reproach. By your actions, you have lessened the reputation of all who prao1ice our ptofb..;.1ion. The profession cannot condbne your accfons1 nor can the public who mploy us.
The l,,duc don l'raetiees Commission sincerely hopes it is your intention to never allow this situation to occur again or indeed, to violate any professional obligation in fulfilling your responsibilities as an educaior,
To violate the stand:,rds or tho profession will surely result in further action being taken against you.
Thi lett r of reprimand is being placed in yo,1r state certification file, and a copy is being sent 10 the
Monroe County School E:lonrd for placement in your personnel fl le.
Sincerely,
fJ l : -
Dcboroh Shepard ·
Presiding Officer
3 '; Wes1 Goine; Streot • 224 Turlington Suildln.g • ToHohas,ee, Floricti ;,399-0400 • (850) Z -0455
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HM .!AM .11.V . MARATHON, L. 3,1!. S
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Crffi ·t1·/A(i tri ': 'l'Cl,!T/·G, MONrCA - MC:SO'l F.CT 4/!l wc:n SHffT !!:Gr, MO!tGAM !lLorW billfl M: to
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MONROE COUNTY, FLORIOA
ARRF:ST REPORT
MONROE COUNTY SHERIFFS OFFICE
REPORT NO: MCSO!IARR001808
Joli Booking No MCSOll .ISNOO] 546
Offense No
MCSOl 1OFF002l33
Other No
MCSOl JCAD043269
OBTS
4403003593
IN THE CIRCIJIT/COUNTY COURT IN THE SIX'l'Et:l;jfi,CJAL CIRCUIT IN ANP !'OR
I SUSPECT]
.L'h'il f,it;_t Middle '.ritle Racr, Q.()_l;l .!',g£ '!YJ!t.
LALENA ROllERT BRIAN W M 4/2)/1970 40 5'11" 205
lli'.£ J_\nir MNI Number SSN l,£1Jlg, SJ J}'.rul £l(,;A/Al', n _:i_!l2
JILi.i BRO MCSQ09MN1011261 - 1:.450762701410 FL
Birth Looa!l<in: Citv: CAMPAN County: 5191., NEW ,IERS :y N,tion: tJNITED STAn,s Citizenship: llNITED STATES .
Addrc.ss
6099 0/S IIWVApt/Lot: 43E MARATHON FL .13050
Occnpotion (Cotrcnt/Last Know" 1, Listed Flm)
Bosincss: MARA1'HON HIGH SCHOOL, Job 1'itlc: TEACHER, ID]ntcred: 3/21/2011
SOMllREO RP URATHON !1L33050
Aliases (Las!, First Middle Title D()ll)
none round In MN! .,
Street Nllmes
none found lo MNI *
[ INCIDENT INFORMATION] | ||||||
Occurred Date Range: 3/21/2011 | 01:58 | lo 3/Zl/2011 | 02'13 | Lat/ Long, | ||
No. Di S11·eel | Ap1/l.,N City | ST | Zip | (C)EO) | ||
3800 LOUISA STRJ,Et | MARATH()N | FL | 33050 | 4· .1-2520- | ||
[CHARGES]
89:1.13,6
COCAINll-l'OSSESS
l'OSSESS COC,AINE
. .nqnm. L.Cvi;j !. .e. Q.!..! ; JJ(;B, :N.CJ:C. AON _I;!sm<l Amount
J Felony Third rrindpol 350A 3532
•n"" --------- ••n m-- wawa•n"-- - -,Ma w•n"----- a•••••n "------- MWM•m-------------
918,13 lWIDENCE"·DESTROYlNG
TAMPER WITH OR FABRICATE PHYSICAL
C.o N !,gvel Degi"oe lWJ:
l Felony Third Pri"dpnl
Ll£J!.
9000
[ STATEMENT OF PROBABLE CAUSE/ NARRATIVE
On 3/21/2011 at approximately 0130 am I wi,s patrolling J,,oulsa St in Mnrothon and adja.cent streets due to lncn:ascd drug activity. I noticed a white male wearing a n:d t-sltlrt 11nd jeans on 41st St near the park on cell phone. During my pa.trot the snmt>: ll'tU-11 was wglkitug around b.9c!< :::md for1:h o l !litop_ped and asked him if he was lost or nee(l¢(1 H $i tanee. Tho male stated Ills car,• Pont1,1e Aztec, 118d been taken ll'nm the town houses on Louisa where he was staying. Wilen Mlted If ii wns s!.Olen he •Id, no h 111-0Ught lt: wns • pnnk and that he was with "Timmy" ,earlier, Al that point the male stortcd walking towards 39th St ,na l went over to where the town houses are to try nnd locate the vehicle.
Upon ftmher lnvestlgallon I located• maroon Pontiac Amee p•.rked in front of where this sllbjecl S>id be w•s st,nyhtg.
The tag c:une back to a rcmnle; , ho had 9 rn:H , idtmtificd •s Robert L1dena listed as irn tnc1·gency contact:. After a tl! r h on DHSMV'.s 'DAVID :c;ystcm,] ldentlfl.ed Robeirt 'Lalena flS tltc male J had cnco11rntcred carHer tht'ough Ms photograph.
l contln11e!I my patrol and cnconntered Lnlcnn ngaln on Louisa Street,! was on foot •nd •pprn•ched him askl"g him lfhe
hnd any luck w!th finding his vebit 1c. Lalcnn stated , '1 l t"s over there and mi.eds 1:1. J 1mp," Wbcn a. k.c:d wberr. '1 o .,I)'
SO!IA;;ooTs;;s""rr;m;IOr;;:ll21/20';Ti1Ts23 6fgY;"of4= - - -[S'lill 3/21/2;T"or;J
ARREST Rl':l'ORT
COPY
MONRO!:: COUNTY SUl!Rtl'FS OFFJCE
REPORT NO: MCSOll ARR001808
pollllcd In a northern direction, away from bis said rn<ldonco. I asked ltim his nom• and who! c.olor bis vcbide was. He verll1cd he wos Robert Lale • and told me he owned a maroo ronti•c Aztec. I stnted to Um I located his vohicl• thai It wos In. front of his rosld nce. Lslcnn s1,11ed "I know.'' after he hnd just stated his Yehiclc wns 1,1,cwl)Cl·c. Lal••• continued to m kc Mat 111ents tMt did not make sen.se, and appeared visibly nervous, sweaty aml fidgeting. Due to L•J• ••s a<lion.s and !181:oments I bell VCd 1,e "'"' ht the area to obtnhi or had obtslned illegal narcotics, being th•t it Is• well know11 drug ore•. I noticed L lcnl put his hnnds towards 1,1s pockets, nd gt thnt point Deputy Kellenberger had nrrln<l mid
witnessed wh:11 •ppoored to be II smnll, white r1,ck Ill,,, s11bst,nce drop fr.om Lnlenn's left hnnd. Le.lc.nn was hnmedlateb·
dctnlncd pending• tleld test of tho substnnce.
I••
Deputy Kellenberger neld tested tl,e silbst•nce th:11 Held tested positive for crack cocnine. Lalena was 1:old hewn, now 1rnder arrest :UJ(I r ad Mlrnndn by rrtyscff, 1..,nfona stiitcd he 1mderstood hi rights. l,.,nlena did not wi b to spenk wmth me at that thllt but dld rnnke n. spo-ri:tancous utter ntt that w.hnt we ihld Qbtalned wm; n plece of n iceping pm.. I stated to him i1 field !.Sled po itlvc for cra.ck/coc;i.inc. n(I said no it wss • sleeping pH.I. Lal•n• wos taken to my o•r and transported without incident lo the Key Vaca .Jail.
This oil occurred In Mnnroe County, FL.
Ob OJlnltOll, I ,·osp nded as back up to n)cputy Young w o was out with a susplclous pcr;on on Loulsn Stl'ee!, in Marathon Monroe -Cotrnty Fl()ridn. As l arrived, l s11w Dcptity Young st nding in the roadway speaking to 11 lnrge sized white m,llc. There were no street li ltts in the lmmedinte r••· I turned on my clear take down lights In order to illuminate
the rca. As 1 got out o,f my pstrol Car wit.11 my in enr Arbitrator video c:11mer rmrnlug, H walked up to tlrn subj (;;:t. I w
lh•t on his left h•11d, the Index finger snd second linger were pinched togetber with the \h11mb "·' If hew,; l!oldiug somethittl\, He wos reaching 10 hl< right. front !lOekct with Ill$ right hand. l asked Mm if he had anything filleg•I. The snbJoot reached hi; Wl h•nd hnek nnd dropped a wl1ito colored small ol>.lect to the groond !11111 landed ln tho middle of the roodwoy, I maintained visu I with this ltolll, The sub,ject wns mnvod lo the side of the road. I wnlkcd over and picked up the ltom drnpped. Thero wore no other .items on Ille ground th•! looked aoytlllng slmihir. I Immediately noticed that it appeared to be a piece of<rack cocaine, I wos •Mo to Identify !.!,Is ha,ed on my eiperl ncc llnrl !mining In my law enforcemet1t career.
I placed thP, 01,stam:-e 0111 the hood of my patrol csr informed ll)c·pu y Young or the. recovery. l w:alked over to the suh,leet who ppc.a-rcd tense. r gn.b!)c(l his rlghit wrist ,nd br·on ht it bchlnd Ms back. He wHS bc;t:Jg plaeed under ,:rrre.!it ar Utl.'1 time. He appeared! to become mote ttn.s-c nul(l hml sl1!ns of substance abuse. .I gn 1o1t him o-r\:Eers not to resist or attempt to pull his arm o!lt. Deputy Young was •ble to $1iCure the subject In handcuffs,
1 conducted a lkld te t of the sub. uni,c using• NIK tllC lnc swab. The swab turned blue when nppl;icd 10 me substance. This indk.Med • positive field test for cocaine. The weight of the suhmmce was •pproximately 0.1 gram. I placed the
,ubstonce in • ,arndwlch bng nnd tnrned It over to Oi,puty Young, I nllowed Deputy Young to use my In cu cameri1 In
attempts to conduct a post Miranda h1tervlew. After Depnty Young was done, I resp,mded to the jail and assisted with
.11ssodafod p pcrwork.
The lnddmtt w:rn recorded <,r, m)' In cat cnmc-r.a. Th-t video wm be label 9nd uploa.ded 11:o-thc server.
On 3121/2011 after completing my orrcsi of Lnlenn l drove strnlgllt to the Key Vaca Substation from Ille ,Jnil. Upon my arrivnl I cheeked my backseat where l,nle11.a hnd been sitting n.d observed whnt appeared to be ,m ll white rock like substnnce on tho posseo,ger side of my patrol e,1r dlri,ctly un.der where Lnlcnn was ploced. Deputy Kelle11bergcr met me ln th•• <tntlon parking lot with • NIK cocnlne swipe ,md 11pon tMlittg thE, found white rock Ilk• substnnce l! d llcl<l lcs!cd po "itive for cn,(:9.inc and was appfoximat ly 0.1 gran)s. ·My backseat w·a.:s: thoroughly checked by Dcp it.y Kell nb rger
CS01!ARR001 08 Printed-On; 3/2I /20I I 11:35 ?3 , O gY2 of 4 [S9533
iN nll!!, c1RCU1T1couNrY couRT 1N t!JE sixTE'iCt,P?cHAL crRcrnT m AND roR MONROE COUNTY, FJ,.ORl!)A
ARREST REPORT MONROE COUNtY SHERl.l'FS OFHCE REPORT NO: MCSOl1ARR001808
before pl•clng him In tile b•ck sc I of my patrol car :1nd W•s on video from unit 1425.
Upon Joc•Hng the rock of cr2ck/coc•in I oct.Ivated n1y In car camera from nail: 1438 wltll the bac.kscat video on.
This w•s pl eed l11to property nnd evidence t Key hen Station under p.ropcrl}' receipt.# 134337
I hereby swear (or 11ffim1) hat the facts cstahlishcd 011 this rrrridavit a.re true and co1Tect to the bc-1,t ofm:y know'ledge
and belief.
YOUNG, MONICA 5210
Signature (Arresting Ofncer)
Name
lD/SSN
Subscribed ,md w0m to (or affirn1cd) bcf<,rc mo thi, 21 cl,y of Ma,-ch A.D.. 2011 by _
who is personally ]{rlcwr, tn me ar has produced _ a.s idt::.t'lti:Fication.
LEO co
Sigt,:lture
Commission Nt1: My Commission Expires
[ PHYSICAL EVll)ENCT2] !NO PHYSICAL EVIDENCE LISTED]
[ ARREST INFORMATION:
Arrc ted
3/211201 l
Resid011oy
01:58 w;thln ,lurlsdktion
lnjur('d
Extent of Injury
Resist
A11"esrn:d Prior A.1Te$t .l'uris:dicticm
Alooliol
Drugs
No.
3$00
Street
LOUISA STREET
All
City
MARATHON
ST Zir
FL 33050
Lat/ Long
AlTCSting Officer
5210 YOUNG, MONICA
Ur,i1 (GFO) 4 - l - 2520 -
MCSO\SECT 4/5 "C" SHil•'T SGT, MORGAN
Officer typo
Reporting Officer
5210 VOLING, MONICA
Forvi-·m·d to fb,· approval
MCSO\SECT 4/5 "D" SHIFT SGT. SLOUGH
Bond Set by LEO at Time of An·est & Booking:
)None
( )ROR
( ) Ca,h
) Pre
Unit Original Offcnoe Jmisdiction
MCSO\SECT /5 "C" SHIFT SGT. MORGAN MCSO
$0.00
Bond Set by .fudge
( ) None
( ) Cash
( ) A11y
( ) Pro
( ) PtrfQ
ROR/Sign
PTR
ARi;oms Printed /W20Ul1;;';!., gh,,f4- - - - [S9533:iiii:2ou03:06J
IN nrn CIRCtilT/COUNTY COURT IN THE SlXTEDN'P11!IR.,DICIAL CIRCUIT IN AND FOR
MONROE COUNTY, JILORlDA \.,VF W
ARREST REl'ORT
REPORTNO: MCSOllARR00JMS
MONROE COUNTY SHERIFFS Of'll'ICE
)Purge
)SC
Return Court:
lm:tn.11:tion ;
[DISPOSITION]
Dispositi011 Type
Date:
RclcasedT.o
Coui1 Disposi-tionJ:w...§ k.1.,ur1 i;;!i.J1Unn
)'rint&d .P._rjntcd By
No
[ ADDITIONAL PERSONS t .................................. ...............................
J VICTIM I
l R t
STATE: Of' f'LORIIM
l'.iml AggkJ t }YgJ
0
ji;_y,;J ]:jait MN! Number SSN
MCSO06MNI028420
1,_p.Jig,_
Birth Loca:t.ion: City: C01u1ty; State: 'Na.thin·: CUii::ens.bip:
Address
'h none !istcd on arre 't record*
Occupntlon, (C11rrootIL•st Known is Llstod ltst)
'ii none found In M:Nl *
COURT DISPOSITION: _ | ( right index J | |
0 No Bill / Petition 0 Issue Wnrrant 0 Prosecution Approved
