: BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, PLORIDA, SBMC Case No. 15-0014 Petitioner/Employer, vs, STEPHEN GULASH, Respondentv/Emplovyee. / ADMINISTRATIVE COMPLAINT Dr. Diana Greene, as Superintendent of Schools, by and through her undersigned counsel, hereby recommends the termination of Respondent Stephen Gulash (Hereinafter referred to as “Gulash”) effective January 12, 2016, and as grounds therefor states as follows: This recommendation will be made at the School Board meeting on January 12, 2016 beginning at 5:45 p.m, in the Board Room at the School Support Center located at 215 Manatee Ave, W., Bradenton, Florida, or as soon thereafter as same may be heard. The grounds therefor states as follows: FACTUAL ALLEGATIONS lL. Stephen Gulash has been employed with the School District of Manatee County since October 15,2008. Respondent is a Behavioral Technician under Director of ESE, Student Services & DOP/Alternative Programs under Wylene Herring-Cayasso. 2 Since Monday, October 26, 2015, without any approval or legal justification, Gulash has failed to report to his assigned position at the School Board of Manatee County. 3. Gulash has not sought any leave of absence, nor, has been approved for any leave of absence during that time period as set forth in The Schoo! Board of Manatee County Policy & Procedural Manual Section 6.2, 4, During this period, there have been only two communications from Gulash -- a Tuesday. October 27, 2015 and a Tuesday, November 3. 2015 e-mail to Behavior Team Leader Karen Mills. 3. In the Tuesday, October 27, 2015 e-mail Gulash stated, in part: “... Twill bring the medical documents to account for me being out. Hopefully [will have some answer's soon. I'm really sorry for being out of work.” 6, in the Tuesday, November 3, 2015 e-mail Gulash stated, in part: *... Dr. Thinks | will be back by Thursday able to work. It’s not contagious to the kids. | will have the Dr fax the documents to hr dept. Sorry | have been out! | was looking forward to seeing the kids at sable.” 7. Numerous attempts had been made to reach him by phone, e-mail, and text message to determine his status, and there had been no further response Gulash or from anyone on his behalf. 8. Nine days later, on November 12, 2015, Respondent Stephen Gulash was on the campus of Manatee High School for an event. During that time, there was an altercation with another individual that required intervention by the staff. The purpose of this recital of fact is not to address the metits of the altercation, but rather, demonstration of ability, and the absence of any viable reason why Respondent did not communicate with his department instead of abandoning his position. 9. On November 19, 2015, Superintendent Diana Greene advised Stephen Gulash of bis failure to report to work and his job abandonment without any response from Gulash that would verily or justify his repeated failure to report to work, or any attempt of Gulash to return to work immediately. 10. The District confirmed the absence of any requested leave sought by Respondent. The District has also confirmed that at no point in time was any leave approved for Respondent that excuse his excessive absences. LL. Based on the facts herein alleged. Petitioner has just cause to terminate Respondent Stephen Gulash. ALLEGED VIOLATIONS I. As set forth in School Board of Manatee County Policy & Procedural Manual, more specifically, section 6.9, which incorporates by reference the “Code of Ethics of the Education Profession in Florida”, Gulash engaged in misconduct in office as defined in Rule 6B- 4.009(3), P_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-1.006(3\(a), 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. 2. School Board of Manatee County Policy & Procedural Manual Section 6.2 goveras leaves of absences and enumerates procedures and expectations: PROCEDURES All empioyees are expected to be in attendance at work sites at all times Excused absences are the only exception. Excessive absenteeism, even though excused, has an adverse impact on performance and is an issue to be addressed in performance evaluation affecting continuing employment. 3. School Board of Manatee County Policy & Procedural Manual Seetion 6.2(1 (a) enumerates the procedures for the application and approval of leaves and states in pertinent part: 4. (a} Sick or illness leave or request for use of personal leave charged to sick leave requires prior notification to the supervisor, except for emergencies, and also requires the filing of a written claim form within five days of return to work. Each employee shail complete a claim form that will be available at the work site. Each employee shall be required to state day or days absent, that such absence was necessary and that the employee is entitled or not entitled to receive pay for the absence. The claim form shall be submitted to the employee's principal or site supervisor. Any employee failing to comply with this procedure or who claims such leave for reasons other than illness shall be subject to disciplinary action. School Board of Manatee County Policy & Procedural Manual Section 6.2(2) and subparts clearly enumerate the protocols, requirements and consequences for unauthorized leave, including, but not limited to termination: (2) Procedures for Notification of Absence and Consequence of Absence without Notice: (a) Definition 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 as defined in these procedures. (b) Disciplinary Action Unauthorized leave shall constitute willful neglect of duty and misconduct and therefore, may result in the initiation of dismissal procedures, loss of salary or such disciplinary action as may be deemed appropriate. Employees will not receive pay for unauthorized leave. Any employee who is willfully absent from duty without leave shall forfeit compensation for the period of absence and his/her contract shall be subject to termination by the school board. Any willful absence from work without notice may be considered grounds for termination. Any absence from work without leave or excessive absence with notice may be considered grounds for termination. All employees are expected to be in attendance at work sites at all times. Excused absences are the only exception to this. Excessive absences even though excused, have an adverse impact. In addition, School Board of Manatee County Policy & Procedure Manual Section 6.11(1) also enumerates procedures for suspension or termination for wilful neglect of duty and states in pertinent part: 6. PROCEDURES (1) Suspension or Termination of Employees: Any employee of the School Board 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 District 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. In addition, School Board of Manatee County Policy & Procedure Manual Section 6.11(3), a provision pertaining to “Absence of Employees”, states in pertinent part: 7. therefore a) Normally, if any of the instructional staff employed in the public school system is unable to perform his or her duties and consequently has to be absent from his or her assignment, he or she shall notify the principal of the school or designee the night before if possible, but in any event, no later than one-half (1/2) hour before the assigned starting time. In the event of an emergency, notification by the teacher should be done as soon as possible. Any member of the instructional staff who fails to comply with this provision relating to reporting absence may be considered absent without leave and shall forfeit compensation for the time of the absence, and he or she may be subject to disciplinary action. Respondent Gulash’s action whether excused or unexcused were excessive and had an adverse impact on the students, the schools, and, the School District as a whole. Respondent has engaged in gross insubordination as defined in Rule 2B-4.009(4). F-A.C. and prohibitec provides intentiona by School Board of Manatee County Policy & Procedural Manual Section 6.11, which hat gross insubordination or willful neglect of duties is a constant or continuing refusal to obey a direct order which is reasonable in nature and given by and with proper authority. Accordingly, based on the facts herein alleged, Petitioner has just cause to terminate Respondent Stephen Gulash effective January 12, 2016 for unauthorized and unapproved leave, wilful neglect of duty and job abandonment. WHEREFORE, based on the foregoing. the Superintendent recommends termination of Respondent Stephen Gulash. If a hearing is requested. the Superintendent recommends due process, whereby, the Superintendent recommends that the hearing be granted and that Respondent be suspended without pay effective, January 12, 2016, pending the outcome of the hearing. RIGHT TO A HEARING 1, Respondent is entitled to a public hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, regarding the Superintendent’s recommendation. 2. Respondent is required to file a Request for Administrative Hearing pursuant to the Administrative Procedure Act, chapter 120, Florida Statutes), and the Uniform Rules adopted by the Administration Commission, chapter 28-106, Florida Administrative Code if a hearing is requested. A sample Request for an Administrative Hearing is attached for Respondent’s reference and use. 3. Respondent must submit a written request for a formal hearing within 15 days of the date of service. Respondent’s written request for a hearing must be received by the Agency Clerk, Michele Hogan and Staff Attorney Mitchell Teitelbaum, at 215 Manatee Ave. W., Bradenton, Florida 34205 no later than 4:30 p.m. on the [5th day after receipt of the Administrative Complaint. Respondent is required to substantially comply with the requirements of the Uniform Rules. 4. Respondent is entitled to representation by counsel or other qualified representative at Respondent’s expense. ‘ailure to request a hearing will be deemed an admission of the allegations Un ie against Respondent. 6. Mediation under section 120.573, Florida Statutes, is not available. 7. Pursuant to Rule 28-106.214, Fl rida Administrative C .nolice is provided that the School Board will preserve the testimony at the final hearing by audiotape, If cither 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. DATED this 7th day of December, 20¢5<4n Bradenton. Manatee County, Florida, Dr. Diana Greene, Super ntendent School District of Manatee County, Florida

Docket for Case No: 16-000275