THE BROWARD COUNTY SCHOOL BOARD, FLORIDA ROBERT W. RUNCIE, Superintendent of Schools, Petitioner, v. HECTOR A. ACOSTA MATOS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, Robert W. Runcie, Superintendent of Schools of Broward County, Florida (“Petitioner”), files this Administrative Complaint against Respondent, Hector A. Acosta Matos (“Matos”). The Petitioner seeks termination of Respondent’s employment with the Broward County School Board (“BCSB”), pursuant to Chapter 120 and Sections 1001.51, 1012.27(5), and 1012.33 Florida Statutes and Rule G6A-5.056 of the Florida Administrative Code. The Petitioner alleges the following: qr. JURISDICTIONAL BASIS 1. The agency is the School Board of Broward County, Florida, located at 600 Southeast Third Avenue, Fort Lauderdale, Broward County, Florida 33301. 2. The Petitioner is Robert W. Runcie, who is the Superintendent of Schools of Broward County, Florida. 3. The Petitioner is statutorily obligated to recommend the placement of school personnel and to require compliance and observance with all laws, rules, and regulations. Petitioner is authorized to report and enforce any violation thereof, together with recommending the appropriate disciplinary action against any instructional personnel employed by the BCSB, inclusive of Matos. Matos is an employee of the Broward County School Board and is currently employed as a Teacher-Instructional Facilitator pursuant to a Professional Services Contract, issued in accordance with Section 1012.33(3)(a), Florida Statutes (2016). The last known address of Matos is 1313 N.W. 3*¢ Avenue, Fort Lauderdale, Florida 33311. Ir. MATERIAL, ALLEGATIONS This recommendation is based upon conduct occurring in June of 2015. Matos is a Yeacher-Instructional Facilitator in the Diversity & Prevention Department at Lauderdale Manors Early Learning and Resource Center, 1400 N.W. 14th Court, Fort Lauderdale, Florida. On ox about June 25, 2015, Matos was axrested and later charged with Possession of Cannabis (aka “Marijuana”) with Intent to Sell/Deliver and Possession of Ethylone (aka “Molly”) « 10. 11. 12. 13. 14. 15. 16. Matos was first hired by the district on July 1, 2007. During the month of June 2015, the Fort Lauderdale Police Department Major Narcotics Unit (hereinafter, “FLPD MNU*) received an anonymous tip that narcedtics sales were occurring at 1313 N.W. 3*¢ Avenue, Matos’ residence. Matos’ residence was placed under surveillance by Fort Lauderdale Police Department (hereinafter, “FLPD”’) as a result. After observing traffic consistent with narcotics sales, FLPD MNU conducted a controlled purchase. While under surveillance during the month of June 2015, Matos sold Marijuana from his residence to a Confidential Informant (hereinafter “CI”). On or about June 25, 2015, a search warrant was executed at Matos’ residence by FLPD’s MNU. During the search of Matos’ residence, approximately fourteen (14) grams of Marijuana was discovered and two (2) capsules containing Molly were recovered from the residence. Additionally, a total of $1,296.00 in cash was confiscated from Matos’ residence, which was broken down into small denominations of twenties, tens and one dollar bills. This type of cash breakdown is consistent with narcotics sales. Based upon the foregoing, Matos was arrested on or about June 25, 2015, and charged with Possession of Cannabis with 17. 18. “19. 20. 21. Intent to Sell/Deliver and Possession of Ethylone. (Exhibit A). Matos was read his Miranda rights and Post Miranda admitted to the arresting officer that he sold narcotics from his residence to various individuals. On or about November 18, 2015, Matos was permitted to enter Broward Sheriff Department’s Drug Court Treatment Program and Matos entered into an Agreement to Defer Prosecution Pending Pretrial Intervention Program (hereinafter “pTI’). On or about April 7, 2016, Matos while in PTI, was rearrested and remanded into custody on charges of Possession of Cannabis with Intent to Sell/Deliver and Possession of Ethylone. Trlr. ADMINISTRATIVE CHARGES Petitioner realleges and incorporates herein by reference the allegations set forth in paragraphs one (1) through nineteen (19) above. Just cause exists for the requested relief pursuant to Fla. Stat. § 1012.33, Section 6A-5.056 F.A.C., the Respondent’ s employment contract, School Board rules and regulations, the Code of Ethics of the Education Profession, and the Employee Disciplinary Guidelines promulgated by the School Board. 22. “Just cause” means cause that is legally sufficient. “gust cause” includes, but is not limited to: A. “Immorality” means conduct that is inconsistent with the standards of public conscience and good morals. It is conduct that brings the individual concerned or the education profession into public disgrace or disrespect and impairs the individual's service in the community. “Misconduct in Office” means one or more of the following: 1. A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6B-1.001, F.A.C.;7 2. A violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C.; 3. A violation of the adopted school board. rules; 4 Behavior that disrupts the student's learning environment; or 5. Behavior that reduces the teacher's ability or his or his colleagues' ability to effectively perform duties. “Incompetency” means the inability, failure or lack of fitness to discharge the required duty as a result of inefficiency or incapacity. LL. “Inefficiency” means one or more of the following: ae Failure to perform duties prescribed by law; b. Failure to communicate appropriately with and relate to students; c. Failure to communicate appropriately with and relate to colleagues, administrators, subordinates, or parents; a. Disorganization of his or his classroom to such an extent that the health, safety or welfare of the students is diminished; or e. Excessive absences or tardiness. 2. “Incapacity” means one or more of the following: a. Lack of emotional stability; b, Lack of adequate physical ability; c. Lack of general educational background; or d. Lack of adequate command of his or his area of specialization. “Gross insubordination” means the intentional refusal to obey a direct order, reasonable in nature, and given by and with proper authority; misfeasance, or 5 23. 24. malfeasance as to involve failure in the performance of the required dutias. BE. “Willful neglect of duty” means intentional or reckless failure to carry out required duties. Fy Multiple annual performance ratings of unsatisfactory or needs improvement as specified in Section 1012.33(1) (a)., F.S. G. “Crimes involving moral turpitude.” Iv. JUST CAUSE FOR DISCIPLINE A. JUST CAUSE Respondent’s actions constitute just cause to terminate his employment. B. MISCONDUCT IN OFFICE Respondent’s actions constitute misconduct in office. The Respondent, through his above-described conduct, has violated Fla. Stat. §1012.33 Fla. Stat., and Rules 6A- 5.056(2) (a) through (e) of the Florida Administrative Code, which defines “misconduct”. (2) “Misconduct in Office” means one or more of the following: (a) (b) (c) (d) A violation of the Code of Ethics of the Education Profession in Florida as adopted in Rule 6B-1.001, F.A.C.; BR violation of the Principles of Professional Conduct for the Education Profession in Florida as adopted in Rule 6B-1.006, F.A.C.; A violation of the adopted school board rules; Behavior that disrupts the student’s learning environment; or 25. 26. 27. 28. (e) Behavior that reduces the teacher's ability or his or her colleagues’ ability to effectively perform duties. C. IMMORALITY Respondent's actions constitute immorality. The Respondent, through his above-described conduct, violated § 1012.33 Fla- Stat., and Rule 6A~5.056(1) of the Florida Administrative Code, and his actions constitute immorality, which is conduct inconsistent with the standards of public conscience and good morals. Additionally, the Respondent’s conduct, as factually set forth herein, is sufficiently notorious to bring the Respondent and/or the education profession into public disgrace or disrespect and impair the Respondent’s service in the community. D. Qualifications of Personnel §1012.32 Fla. Statutes Pursuant to §1012.32(1) Fla. Stat.”[tlo be eligible for appointment in any position in any district school system, a person must be of good moral character”. Respondent’s actions constitute a violation of this statute, 29. 30. EB. SCHOOL BOARD POLICY 4008 (3B) Respondent is in violation of School Board Policy 4008 (B) which requires all employees who have been issued contracts to comply with the provisions of the Florida School Code, State Board Regulations and regulations and policies of the Board. , Furthermore, School Board Policy 4008(B) requires that “members of instructional staff shall perform the following functions:” 1. Comply with the Code of Ethics and the Principles of Professional Conduct of the Education Profession in Florida. 3. Infuse in the classroom, the District's adopted Character Education Traits of Respect, Honesty, Kindness, Self-control, Tolerance, Cooperation, Responsibility and Citizenship. 8. Conform to all rules and regulations that may be prescribed by the State Board and by the School Board. DEMAND FOR RELIEF WHEREFORE, based upon the foregoing, Petitioner, Robert W. Runcie, Superintendent of Schools, recommends that the School Board terminate the Respondent, Hector A. Acosta Matos, based upon the foregoing facts and legal authority. the EXECUTED this 1g day of September, 2016. ROBERT W. RUNCIE, Superintendent of Schools, Broward County Respectfully submitted: Tria Lawton-Russell, Esq. Administrative Counsel NOTICE If you wish to contest the charges, you must, within 15 days after receipt of the written notice, submit a written request for a hearing to Robert W. Runcie, Superintendent, Broward county School District, 600 3°¢ Ave., Ft. Lauderdale, FL, 33301. If timely xrequested, such heating shall be conducted by an administrative law judge assigned by the Division of Administrative Hearings of the Depaxtment of Management Services. The hearing shall be conducted within 60 days after receipt of the written appeal in accordance with chapter 120, Florida Statutes. FAILURE TO TIMELY REQUEST A HEARING WILL RESULT IN A WAIVER OF THE RIGHT TO CONTEST THE CHARGES . IF YOU WANT TO HIRE AN ATTORNEY, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY IN THIS MATTER. 10 '. Filing # 33048720 E-Filed 10/09/2015 11:39:46 AM = 2 . eee Lo : = IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, = IN AND FOR BROWARD COUNTY, STATE OF FLORIDA. = L = THE STATE OF FLORIDA INFORMATION FOR VS. . 1. POSSESSION OF CANNABIS WITH INTENT TO . DELIVER / SELL HECTOR ACOSTAMATOS, Il POSSESSION OF ETHYLONE (3,4- METHYLENEDIOXY-N-ETHYLCATHINONE) Defendant : ; IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA: MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney, charges that HECTOR ACOSTAMATOS, on the 25th day of June, A.D, 2015, in the County and State aforesald, did unlawfully have in his possession with Intent to sell, manufacture or deliver, a controlled substance, to-wit: Cannabis, contrary to F.S. 893,03(4)(0)7, and F.S, 893,13(1)(a)2., (L3). COUNT il MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State-Atforney, charges that HECTOR ACOSTAMATOS, on the 25th day of June, A.D, 2015, in the County and State aforesaid, did unlawfully have in his actual or constructive possession a controlled substance, to-wit: 3,4-methylenedioxy-N-ethyicathinane, commonly known as Ethytone, contrary to F.S, 893.03(1)(¢)83. and F.S, 893,13(6)(a), (L8). BCiva 40/8/2015 EXHIBIT A ‘tt BILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/9/2015 11:35:11 AMA* "STATE OF FLORIDA vs. HECTOR ACOSTAMATOS information 2 IDENTIFYING DATA: | WIM, D.O.B. 11/21/1975 COUNTY OF BROWARD STATE OF FLORIDA _ ALEX URRUELA Personally appeared before me , duly appointed as an Assistant State Attomey of the 17th Judicial Circuit of Florida-by MICHAEL J. SATZ, State Attorney of said Circuit and Prosecuting Atforney for the State of Florida in the County of Broward, who being first duly sworn, says that the allegations as set forth in the foregoing Information are based upon facts that - have been sworn to or certified as true and which, if true, would constitufe the offense(s) therein charged, and that this prosecution is ingtituted in good faith, Assistant State Attomey, 17th Judicial Circuit of Florida ; OCT 69 2015 SWORN TO AND SUBSCRIBED before me this day of ,AD., 2015. HOWARD C. FORMAN Clerk of the Circuit Court, 17th Judiciat Circuit Broward County, Florida By: Deputy Clerk To the within Information, Defendant pleaded HOWARD GC, FORMAN Clerk of the Ctreuit Court, 17th Judictal Circuit Broward County, Florida By: Deputy Clerk

Docket for Case No: 16-006396TTS