BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 12-0008 Karen M. Gallo, Respondent/Employee. / ADMINISTRATIVE COMPLAINT Dr. Timothy McGonegal, as Superintendent of Schools, hereby recommends the termination of the employment of Respondent, KAREN M. GALLO (hereinafter referred to as “Respondent” or “Gallo,” interchangeably), effective July 24, 2012, and as grounds therefor states as follows: FACTUAL ALLEGATIONS I. Gallo has been employed with the School District of Manatee County since January 3, 2005. She is currently on administrative leave with pay from her position as a Teacher at Jessie P. Miller Elementary School (“JPMES”). 2. Gallo has misused “sick leave” in that she takes a leave of absence from work due to “illness,” but instead, is doing “runs” for her private limousine business on those days as evidenced below: a. Gallo’s absenteeism record for the 2011-2012 school year reflects: i. Monday, September 19, 201 1- sick ii. Tuesday, November 22, 201 - personal charged to sick iii. Tuesday, November 29, 201 1- sick iv. Tuesday, January 3, 2012- sick v. Monday, January 30, 2012- sick vi. Friday, February 24, 2012- sick vii. Monday, April 2, 2012- sick viii. Monday, April 9, 2012- sick ( on this date Gallo did not call in to work to report her absence, she completed a leave form after the fact upon request) ix. Wednesday, April | 1, 2012- sick x. Friday, April 13 2012 — sick b. According to Susan McClash (“McClash”), Teacher Aide to Gallo, Gallo leaves school early by fifteen (15) to thirty (30) minutes, a few times per month, to go on a “run” for her private business. Gallo requests that McClash “cover the kids” and “complete activities” that need attention in Gallo’s absence. c. Additionally, Gallo has verbally informed McClash that in the past she has taken days off as “sick” to do her “runs” for her business. d. Gallo verbally informed McClash that she was going to be out “sick” because she had to do her “limo runs” on Monday, April 9; Wednesday, April 11; and, Friday, April 13, 2012. e. According to McClash, on at least one occasion Gallo has come to school, left for a while, and then come back to school. Gallo did not inform McClash the reason for this departure from work. f. On Tuesday, April 10, 2012, Gallo sent a text message to McClash informing her that she would not be reporting to work on the following day because she had “too many morning runs” and did not “want to try and be nervous and sneak out” and then texted, “it’s a furlough day anyway.” 3. Gallo was found to be AWOL on Monday, April 9, 2012, as evidenced below: a. Monday, April 9, 2012, was a Teacher Record Day and Gallo did not report to work on this date. b. Gallo did not call in to the Smart Find System nor notify anyone in authority that she would not be reporting to work on Monday, April 9, 2012. Proper protocol would have been to make contact with an administrator or at the very least Senior Secretary, Pat Cairns (“Cairns”), or an employee at JPMES who is responsible for securing substitute teachers. c. Sometime later, Cairns learned that Gallo did not report to work on Monday, April 9, 2012. As a result, Cairns, requested that Gallo complete a Leave of Absence Request for her absence. Gallo complied with Cairns’ request and turned ina leave form indicating she was out due to “illness.” 4. Gallo has been conducting business for her private limousine service during her duty day in her classroom in the presence of her students, as substantiated by the findings below: a. Gallo and her spouse own a transportation company called “AMI.” b. Gallo stated that she receives calls on occasion from her husband and a female employee in regard to her private transportation business during her duty day. c. Although Gallo stated that she typically keeps her “appointment book” at home or in her briefcase at school, it should be noted that Gallo’s “appointment book” was located in her classroom “sticking out of’ a bag under her desk on the day of her interview with the investigator. d. McClash has observed Gallo taking appointments for her private transportation business on her cell phone during her duty day in the presence of the students and documenting these appointments in the “appointment book” located in the bag under her [Gallo’s] desk. e. On Friday, May 18, 2012, the investigator received documents from McClash that were found in Gallo’s classroom. These documents include, but are not limited to, names, addresses, phone numbers, times and airport information. 5. Gallo has given at least two (2) of her students manicures during the duty day, without approval from the administration or consent from the students’ parents as substantiated below: a. McClash has observed Gallo doing at least two (2) of the female students’ fingernails during class. b. Gallo admitted that she has cleaned, filed, trimmed and painted the fingernails of one (1) of her students due to the unsanitary condition of the students’ nails and the fear that the student might scratch another student. c. Gallo admitted that she painted the fingernails of two (2) additional students as a “treat” during the school day. d. Gallo stated that she did not have parental permission nor permission from anyone in authority to do the students’ nails as described above. e. On Tuesday, May 5, 2012, the Office of Professional Standards (“OPS”) received an email from McClash stating that she observed Gallo “clip” a female student's fingernails as well as her own. 6. Gallo gives herself a manicure and pedicure during her duty day while students are present on a monthly basis as summarized below: a. McClash has observed Gallo giving herself manicures and pedicures on a monthly basis during her duty day. b. Although Gallo denied this allegation, Gallo did admit that she has painted the nails of at least three (3) of her students. Additionally, Gallo admitted that she also has cleaned, filed, trimmed and painted two (2) additional female students’ nails. Therefore, it is evident that Gallo has the “tools” required to do manicures and pedicures in her classroom which supports the allegation that Gallo spends an undetermined amount of her duty day giving herself a manicure and pedicure during her duty day while students are present. 7. Gallo does her makeup and uses a curling iron to do her hair during her duty day in the presence of her students as evidenced below: a. McClash has observed Gallo doing her makeup in a makeup mirror in the classroom on various occasions during her duty day in the presence of her students. b. McClash has observed Gallo doing her hair with an electric curling iron during her duty day in the presence of her students. c Gallo admitted that she has “touched-up” her makeup in her classroom on occasion. However, Gallo adamantly denied ever using or even having a curling iron in her class room, contrary to that reflected in photographs taken of Gallo’s classroom, which clearly document a makeup mirror set-up in the classroom for use and a curling iron plugged in to a power strip. 8. Gallo was observed sleeping on at least one occasion under her teacher's desk on a mat as documented below: a. McClash has observed Gallo sleeping on a mat under her desk during her duty hours in the presence of her students on at least one occasion. b. Gallo stated that she has a mat under her desk for storage purposes; however, a photograph taken of Gallo’s room shows a mat and pillow under Gallo’s desk. c. There has been at least one prior report that Gallo has been observed sleeping in her classroom during the duty day as reported to Barry Dunn, Principal of JPMES, by Bob Hunt, ESE Specialist. 9. Gallo plays the “Bubba the Love Sponge Radio Program,” an adult oriented radio show that routinely broadcasts content inappropriate for elementary, school-age children, in her classroom with students present as evidenced below: a. Gallo has a radio located in her classroom. b. McClash has heard Gallo playing the “Bubba the Love Sponge” radio Program in her classroom with students present. 10. Gallo adamantly denied this allegation and instead admitted to playing country music for at least one student in the classroom; therefore, she acknowledged the existence of a radio. Il. Due to the students’ disabilities and communication disorders, they were not interviewed by OPS. 12. Muitiple statements made by Gallo to OPS in pursuit of investigating this matter were dishonest and made with the intent to deceive the OPS investigator. 13. Gallo’s actions constitute just cause under policy 6.11 of the Policies and Procedures of the School Board of Manatee County. VIOLATIONS 14. Per SB Policy 6.11, Policies and Procedures Manual, School Board of Manatee County, an employee may be temporarily suspended with or without pay or permanently terminated from employment for just cause, including but not limited to, immorality, misconduct in office, incompetence, gross insubordination, willful neglect of duty, drunkenness, or conviction of any crime involving moral turpitude, violation of the Policies and Procedures Manual of the School Board of Manatee County, violation of any applicable Florida statute, violation of the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 15. Gallo has engaged in misconduct in office as defined in Rule 6B-4.009(3), F.A.C. which provides that misconduct in office is a violation of the Code of Ethics of the Education Profession as adopted in Rule 6B-1.001, F.A.C., and the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C., which is so serious as to impair the individual’s effectiveness in the school system. 16. Gallo’s actions constitute unauthorized leave pursuant to Policy 6.2(2)(a), which provides that an employee is deemed to be on unauthorized leave at any time when the employee is absent from performance of required duties without giving notice and without having made provisions for appropriate leave. 17, Gallo’s actions further constitute absence without leave pursuant to section 1012.67, Florida Statutes (2011) 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. 18. Gallo’s actions violated Rule 6B-1.006(5)(h), F.A.C., which requires that the individual shall not submit fraudulent information on any document in connection with professional activities. 19. Gallo’s actions violated Rule 6B-1.001(3), F.A.C., which states that the educator is aware of the importance of maintaining the respect and confidence of one’s colleagues, of students, of parents, and of other members of the community, and therefore strives to achieve and sustain the highest degree of ethical conduct. 20. Gallo’s actions violated Rule 6B-!.006(3)(a), F.A.C., which requires that the individual make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and safety. 21. Gallo’s actions violated SB Policy 6.13 (4)(a) and (b) Investigating Complaints and Other Matters by the Office of Professional Standards which provides that all School Board employees shall cooperate fully with OPS or other appropriate authorities who are conducting an investigation and failure to cooperate completely and truthfully will subject an employee to disciplinary action. 22. Gallo’s actions violated Rule 6B-1.006(5)(a), F.A.C., which requires that the individual shall maintain honesty in all professional dealings. 23. Based on the Factual Allegations herein contained, Petitioner has just cause to terminate Respondent's employment. WHEREFORE, based on the foregoing, the Superintendent recommends the termination of Respondent, Karen M. Gallo’s, employment, effective July 24, 2012. If a hearing is requested, the Superintendent recommends that the hearing be granted and the Respondent be suspended without pay effective July 24, 2012, pending the outcome of the hearing. RIGHT TO A HEARING 24. Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes (2011), regarding the Superintendent's recommendation. 25. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter [20, Florida Statutes (2011), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, F.A.C., if a hearing is requested. A sample Request is attached for Respondent’s reference and use. 26. Respondent must submit a written request for a formal hearing within {5 days of the date of service of this Administrative Complaints Your written request for a hearing must be received by the Agency Clerk, Lyn Lego, at 215 Manatee Ave. W., Bradenton Florida 34205 no later than 4:30 p.m. on the [5th day, exclusive of the date of service. A copy of your written request must also be sent to Erin G. Jackson, Esq., at Thompson, Sizemore, Gonzalez & Hearing, P.A., One Tampa City Center, 201 N. Franklin Street, Suite 1600, Tampa, Florida 33602. Respondent is required to substantially comply with the requirements of the Uniform Rules. 27. Respondent is entitled to representation by counsel or other qualified representative at Respondent’s expense. 28. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 29. Mediation under section |20.573, Florida Statutes (2011), is not available. 30. Pursuant to rule 28-106.214, F.A.C., notice is provided that the School Board will preserve the testimony at the final hearing by audiotape. If either party desires a certified court reporter to preserve the testimony, the party may do so at its own expense. Any party who wishes a written transcript of the testimony from the certified court reporter shall bear the cost of such transcript. If a court reporter records the proceedings, the recordation shall become the official transcript. DATED this A “a day of June, 2012, in Bradenton, Manatee County, Florida. perintendent chool Board of Manatee County, Florida BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, Petitioner/Employer, vs. SBMC Case No. 12-0008 Karen M. Gallo, Respondent/Employee. / REQUEST FOR ADMINISTRATIVE HEARING Respondent, Karen M. Gallo, requests an Administrative Hearing on the Administrative Complaint and states as follows: I. The name, address, telephone number, fax number (if any) and email address of the Respondent is Karen M. Gallo, Email Address: 2. The name, address, telephone number, fax number (if any) and email address of the Respondent's qualified representative or attorney upon whom service of pleadings and other papers shall be made is Email Address: 3. The Respondent’s substantial interest is affected by the Superintendent’s recommendation that the Respondent be terminated. 4. Respondent received notice of the Administrative Complaint to terminate her employment on , 2012. 5. The case number assigned to the administrative complaint is 12-0008. 6. Respondent requests an Administrative Hearing on the following disputed issues of material fact: 7. There are no disputed issues of material fact. (Check if applicable) [| 8. The ultimate facts alleged are set forth in the Administrative Complaint referred to in paragraph #4 above. Date Signature Print Name AFFIDAVIT OF SERVICE A EdVantage TO: Ms. Karen M. Gallo clo Manatee Education Association DeSoto Towers 1523 6th Avenue West G-1 Bradenton, Florida 34205-6705 FROM: Tim McGonegal, Ed.D. Superintendent RE: Administrative Complaint for Karen M. Gallo, together with Related Documents (Case No. 12-0008) and Investigation File (OPS File No.: 12-1995-OP) | wee Evbe #{& | , being employed by the School Board of Manatee County, being duly sworn, depose and say that on the _F>_ day of JUS 2012, at Di fp Clam [26m (check one), | individually served MsE.A with an envelope containing an Administrative Complaint for Karen M. Gallo, together with related documents and Investigation File—OPS File 12-1995-OP, in connection with the subject case number, with date and hour endorsed thereon by me. ZO a Sigrfature of Affiant Subscribed and Sworn to before me by Joe Eubanks on lilly, the Bh day of J une aa 2h, who is [Uifersonally known to me; or S Ue ERVA SAMs, (_] has produced FLO = Sa ce aaal : ¢ i me OF FLORIDA AT LARGE ABOVE ENYELOPE RECEIVED BY: Zi ; to, W—— Print Name: L ath Mow iSay~

Docket for Case No: 12-002258TTS