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MONROE COUNTY SCHOOL BOARD vs SUE BURKE, 15-003860 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003860 Visitors: 22
Petitioner: MONROE COUNTY SCHOOL BOARD
Respondent: SUE BURKE
Judges: ROBERT L. KILBRIDE
Agency: County School Boards
Locations: Marathon, Florida
Filed: Jul. 09, 2015
Status: Closed
Recommended Order on Friday, November 13, 2015.

Latest Update: Dec. 28, 2015
Summary: The issue in this case is whether there is sufficient "just cause" to warrant termination of Respondent's annual contract of employment with the Monroe County School Board.The School Board had "just cause" to terminate the employment of a cafeteria worker for insubordination, use of inappropriate comments and other misconduct, and was justified in skipping steps of progressive discipline outlined in the CBA.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA


Petitioner, Case No. 15-3860


vs.


SUE BURKE,


Respondent.

/


NOTICE OF FILING FINAL ORDER


Petitioner, THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, hereby files the attached Final Order dated December 15, 2015.

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of this document has been furnished via email to: Mark Herdman, Esquire, 29605 US Highway 19 North, Suite 110, Clearwater, Florida 33761 (Email: mark@herdsaklaw.com), this 28th day of December, 2015.

VERNIS & BOWLING

OF THE FLORIDA KEYS, P.A.

Attorney for Petitioner

Islamorada Professional Center 81990 Overseas Highway, 3rd Floor Islamorada, Florida 33036

Telephone (305) 664-4675

Telecopier (305) 664-5414

Primary Email: keysfiling@florida-law.com Secondary Email: rabrams@florida-law.com


/s/ Ryan A. Abrams Ryan A. Abrams, Esq.

Florida Bar No.: 111323 Theron C. Simmons, Esq. Florida Bar No. 623385


Filed December 28, 2015 12:56 PM Division of Administrative Hearings


Docket for Case No: 15-003860
Issue Date Proceedings
Dec. 28, 2015 (Agency) Final Order filed.
Nov. 13, 2015 Recommended Order (hearing held September 10, 2015). CASE CLOSED.
Nov. 13, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 20, 2015 Petitioner's Proposed Recommended Order filed.
Oct. 20, 2015 Respondent's Proposed Recommended Order filed.
Oct. 09, 2015 Order Granting Extension of Time.
Oct. 08, 2015 Transcript of Proceedings (not available for viewing) filed.
Oct. 07, 2015 Agreed Motion for Continuance to File Proposed Recommended Order filed.
Oct. 06, 2015 Notice of Filing Transcript.
Oct. 06, 2015 Notice of Filing Transcript of Final Administrative Hearing Held on September 10, 2015 filed.
Sep. 10, 2015 CASE STATUS: Hearing Held.
Sep. 10, 2015 Notice of Filing Collective Bargaining Agreement filed.
Sep. 04, 2015 Joint Pretrial Stipulation filed (exhibits not available for viewing).
Sep. 02, 2015 Amended Notice of Hearing by Video Teleconference (hearing set for September 10, 2015; 1:30 p.m.; Marathon and Tallahassee, FL; amended as to hearing time and issue).
Sep. 01, 2015 Joint Pretrial Stipulation filed.
Sep. 01, 2015 Notice of Transfer.
Sep. 01, 2015 Petitioner's Agreed Motion to Reschedule Final Hearing filed.
Aug. 26, 2015 Respondent's Notice of Cancellation of Deposition (of Dawn Tucci) filed.
Aug. 17, 2015 Respondent's Notice of Taking Deposition (of Dawn Tucker) filed.
Aug. 12, 2015 Notice of Taking Deposition (of Sue Burke) filed.
Jul. 27, 2015 Order of Pre-hearing Instructions.
Jul. 27, 2015 Notice of Hearing by Video Teleconference (hearing set for September 10, 2015; 9:30 a.m.; Marathon and Tallahassee, FL).
Jul. 15, 2015 Joint Response to Initial Order filed.
Jul. 13, 2015 Notice of Appearance (Mark Herdman) filed.
Jul. 09, 2015 Initial Order.
Jul. 09, 2015 Administrative Complaint filed.
Jul. 09, 2015 Request for Administrative Hearing filed.
Jul. 09, 2015 Referral Letter filed.

Orders for Case No: 15-003860
Issue Date Document Summary
Dec. 15, 2015 Agency Final Order
Nov. 13, 2015 Recommended Order The School Board had "just cause" to terminate the employment of a cafeteria worker for insubordination, use of inappropriate comments and other misconduct, and was justified in skipping steps of progressive discipline outlined in the CBA.
Source:  Florida - Division of Administrative Hearings

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