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STATE OF FLORIDA SCHOOL DISTRICT OF BAY COUNTY

WILLIAM V. HUSFELT, as Superintendent of Schools, District of Bay County, Florida,

Petitioner,

vs. Case No.:

DARYL SHUMATE,

Respondent.

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ADMINISTRATIVE COMPLAINT

Petitioner, William V. Husfelt, as Superintendent of the School District of Bay County, Florida (the "Superintendent"), files this Administrative Complaint against Daryl Shumate, Respondent. The Petitioner seeks the appropriate disciplinary sanctions against the Respondent pursuant to Chapter 120, Section 1012.33, Florida Statutes, and the policies of the Bay County School Board.

The Petitioner alleges as follows:

1. The Respondent is employed as a soccer coach at A. Deane Bozeman School for the School District of Bay County.

2. The Respondent is classified as a continuous employee under Article XII of the Master Contract between the Bay County School Board and the Association of Bay County Educators (Collective Bargaining Agreement).

3. On or about February 3, 2011, Respondent was arrested after a routine

   
   

   safety sweep conducted on school grounds by the Bay County Sheriffs Department.

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   Respondent had marijuana, drug paraphernalia, and three (3) firearms in his vehicle on school grounds.

4. On February 8, 2011, the Superintendent suspended Respondent without pay until the next School Board Meeting held on February 22, 201 l for violation of School Board policies. (Superintendent's letter to Respondent, Exhibit A).

5. On February 22, 2011, the Bay County School Board heard the Superintendent's recommendation that the Respondent be suspended without pay.

1. The Respondent failed to appear at the School Board meeting.

   
   

2. At the meeting, the Bay County School Board accepted the Superintendent's recommendation and voted to suspend the Respondent without pay and to proceed to terminate his employment.

3. On February 24, 2011, by Certified Return Receipt Mail, counsel for Bay County School Board notified Respondent of the Board's decision and Respondent's right to request an administrative hearing. (School Board Attorney's letter to Shumate, Exhibit B).

4. On April 7, 2011, Respondent's attorney requested an administrative hearing.

5. The allegations set forth herein establish good and sufficient reasons to

tenninatc the employment of the Respondent under his contract with the Bay County School Board, Article XII of the Collective Bargainin[;l Agreement, Florida Statutes, and the policies of the Bay County School Board.

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WHEREFORE, Petitioner recommends that the School Board of the School District of Bay County, Florida, uphold the suspension of the Respondent and dismiss him as an employee of said School District for the reasons set forth above.

DATED this x:kday of May, 2011.

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Respectfully su · ted,

Superintendent of Schools

School District of Bay County, Florida

Florida Bar No. 0149519 Harrison Sale McCloy 304 Magnolia Avenue Post Office Box 1579

Panama City, Florida 32402-1579 Telephone: (850) 769-3434

facsimile: (850) 769-6121 ATTORNEYS FOR PETITIONER

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Administrative Complaint was mailed via Certified Return Receipt Mail to Daryl Trent Shumate, 13716 Sunrise Lane, Southport, Florida 32409; and Lynn C. Hearn, Meyer, Brooks, Demma and Blohm. P.A., 131 North Gadsden St., Tallahassee, Florida 32301, this day of May, 2011.

Docket for Case No: 11-002589TTS