BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, SBMC Case No. 17-0001 Petitioner/Employer, vs. ELIZABETH RIBAUDO, Respondent/Employee. ee ADMINISTRATIVE COMPLAINT Dr. Diana Greene, as Superintendent of Schools, by and through her undersigned counsel, hereby recommends the termination of Respondent Elizabeth Ribaudo (hereinafter referred to as “Ribaudo”) effective April 11, 2017. This recommendation will be made at the School Board meeting on April 11, 2017 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 1. Elizabeth Ribaudo has been employed with the School District of Manatee County since September 3, 2002. Respondent is a 2 grade Teacher at Myakka Elementary School. 2. Ms. Ribaudo’s scheduled duty day is 8:00 a.m. through 3:30 p.m. with a 30 minute duty-free lunch. 3. Consistent with Florida Statute, the District’s collective bargaining agreement with the Manatee Education Association (“MEA”) grants teachers the ability to accrue ten (10) sick days per school year. The agreement states: ARTICLE IX PAID LEAVES AND MILITARY LEAVES Section 1 - Personal Illness, Family Ilness, Bereavement Any teacher who is unable to perform his duties because of illness, or because of the iliness or death of father, mother, brother, sister, husband, wife, child, other close relative, or member of his own household, and consequently has to be absent from his work shall be granted leave of absence for sickness by the Superintendent, or by someone designated in writing by him to do so. The following provisions shall govern sick ieave: Extent of Leave: As outlined in Florida Statutes 1012.61, each full-time member of the instructional staff shall be granted four (4) days of sick leave as of the first day of employment of each current year, and thereafter during that fiscal year shall be credited with one (1) additional day of sick leave at the end of each month of employment until the allowance for ten-month employees reaches ten (10) days. 4. Employees at Myakka Elementary School are made aware of attendance expectations from the Staff Handbook as well as the staff welcome back meeting at the beginning of each school year. The Handbook states: Attendance, Absences & Tardies for Staff Staff Absences Due to Iliness: When you are absent it is your responsibility to obtain a substitute. You can put an absence online at any time at HTTPS://smarttind.manatee.k12.fl.us from your phone or computer OR YOU can CALL : 714- 7522. BOTH OF THE ABOVE CHOICES REQUIRE YOUR EMPLOYEE NUMBER (ACCESS id) AND PIN NUMBER ***Audie can assist with pin number if you do not know it. in the event of an emergency and you cannot access Smartfind please call or text Audie 941-232-8362 Leave of Absence: The principal must approve Personal Leave at least 24 hours in advance except in cases of emergency (“Leave for Personal Reasons”. Policy 322). “Personal Reasons” shall be adequate explanation for such leave; however, such leave will be approved for pressing personal problems or emergencies, which cannot be resolved outside of regular employment hours. Assignment for Temporary Duty (ATD) Leave forms must be filled out In advance of the leave. Audie will obtain subs for ATD’s. Please work with her to discuss who you want to request. Personal teave forms and ATD leave forms may be obtained from the senior secretary. Staff Tardy * Punctuality is an employability behavior. It is expected that all staff members do their best every day to arrive on time. We all experience challenges from time to time. However, consistent tardiness for one’s professicnal obligations such as arriving to work late, picking up students late from specials or lunch, or attending meetings late demonstrates a lack of respect for your colleagues, staff members and students. If you are unable to be on time for whatever reason, notification is to be made to those impacted by the tardiness. if you will be more than 10 minutes late to work, please call the front office. If an emergency arises and you will be later than 10 minutes arriving to school, please call or text Audie Bontrager (232- 8362) or Kathy Price (504-4944), as soon as possible. If a staft emergency arises during the school day, arrangements will be made by the administration. Leaving Campus Early From time to time it becomes necessary for a staff member to leave campus before the end of the working day. Permission from the Principal must be obtained prior to leaving. . If Mrs. Price is unavailable, please notify Rhonda or Audie Bontrager that you will be leaving. Staff members must sign out in the “Off Campus Log book’ in Audie’s office before feaving campus and secure coverage for their class and secure coverage for duty assignments. Substitute Plans & Folder Lesson plans are always to be available for a substitute when a teacher is absent. If the teacher's daily lesson plans are not utilized for this purpose, detailed special plans are to be provided by the teacher prior to 7:45 a.m. of the day of absence. It is critical that substitutes be provided with all of the important information necessary to facilitate a smooth running day. Schedules, procedures, names of students attending special classes, volunteer names and times, transportation routines, names of helpful students, medical info for students and other hints to assist the substitute are to be included in the plans. 5. A review of Ms. Ribaudo’s attendance revealed an ongoing pattern of excessive absenteeism, tardiness, and early departures. [An analysis of her attendance for the 2015/2016 school year along with August 2016 through February 2017 is attached hereto.] 6. Although Ribaudo is aware of the Family Medical Leave Act (FMLA), it is noted Ms. Ribaudo has neither applied for nor been granted job-protected leave under the Family Medical Leave Act (“FMLA”). Similarly, although the MEA collective bargaining agreement offers teachers an opportunity to apply for unpaid leaves of absence for the balance of a school year, Ms. Ribaudo has not made such a request. 7. A review of Ms. Ribaudo’s personnel and site files reveals the District has followed progressive discipline in an attempt to correct this deficiency. The file includes: ¢ A February 2014 Memorandum of Conference from Principal Chuck Fradley regarding reporting to work late. ¢ An April 2016 Written Directive from Principal Kathy Price outlining attendance. © In September 2016, Ms. Ribaudo continued to experience late arrivals. Ms. Price provided her with a duplicate of the April 2016 directive to remind her of the established expectations. e An October 2016 conversation between Principal Price and Ms. Ribaudo to reinforce the attendance expectations. ¢ A November 2016 Written Reprimand identifying continued excessive absences along with a discrepancy between Ms. Ribaudo’s observed arrival time and the time she recorded in the school’s staff attendance log book. Despite these efforts, a review of Ms. Ribaudo’s attendance revealed an ongoing pattern of excessive absenteeism, tardiness, and early departures. An analysis of her attendance was completed for the 2015/2016 school year, along with August 2016 through February 2017, as per the attached document. 8. In the 2015/2016 school year, Ms. Ribaudo was absent 17 days; this represented 9% of her contracted duty year. It is noted 65% of the absences occurred immediately before or after a weekend. There were only two months, May and June, where Ms. Ribaudo did not have an absence. 9. From August 2016 through February 22, 2017, of the current school year, Ms. Ribaudo has been absent for 25 days; this represents 20% of her contracted duty days. 28% of her absences occurred immediately before or after a weekend. There has only been one month, August, where Ms. Ribaudo did not have an absence. Moreover, she has been late or left early 27 times; this represents 21% of her contracted duty days. Additionally, it is noted that she has failed to consistently sign-in when arriving late, as required. 10. | When Ms. Ribaudo is absent, the school must attempt to secure a substitute; success in this effort is inconsistent. When a substitute cannot be secured, the school staff must cover her class. Ms. Ribaudo’s absences place an unnecessary burden on her colleagues to cover her classes. More importantly, Ms. Ribaudo's pattern of attendance deprives her students of continuity in instruction and ultimately impacts their learning and achievement. The District believes Ms. Ribaudo’s behavior violates the Code of Ethics and District Policy. 11. Based on the facts herein alleged, Petitioner has just cause to terminate Respondent Elizabeth Ribaudo. ALLEGED VIOLATIONS 1. As an educator in the Manatee County School District, she is bound by the “Principles of Professional Conduct for the Education Profession in Florida.” The Code of Ethics requires: (b) The educator’s primary professional concern will always be for the student and for the development of the student’s potential. The educator will therefore strive for professional growth and will seek to exercise the best professional judgment and integrity. (c) 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, the educator strives to achieve and sustain the highest degree of ethical conduct. 2. School Board of Manatee County Policy & Procedural Manual section 6.9 incorporates by reference the “Code of Ethics of the Education Profession in Florida. 3. Ms. Ribaudo 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-1.006(3)a), FAC, 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. 4. School Board of Manatee County Policy & Procedural Manual Section 6.2 governs leaves of absences and enumerates procedures and expectations: PROCEDURES 5. All employees 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. School Board of Manatee County Policy & Procedural Manual Section 6.2(1)(a) enumerates the procedures for the application and approval of leaves and states in pertinent part: 6. (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 shall 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. 1. 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. 2. 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. 7. 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: 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. 8. 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: 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. 9. Respondent Ribaudo’s actions whether excused or unexcused were excessive and therefore 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 prohibited by School Board of Manatee County Policy & Procedural Manual Section 6.11, which provides that gross insubordination or willful neglect of duties is a constant or continuing intentional 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 Elizabeth Ribaudo effective April 11, 2017, for unauthorized and unapproved leave, wilful neglect of duty and job abandonment. WHEREFORE, based on the foregoing, the Superintendent recommends termination of Respondent Elizabeth Ribaudo. 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, April 11, 2017, 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 teference 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 Boyce and General Counsel Mitchell Teitelbaum, at 215 Manatee Ave, W., Bradenton, Florida 34205 no later than 4:30 p.m. on the 15th 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. 5. Failure to request a hearing will be deemed an admission of the allegations against Respondent. 6. Mediation under section 120.573, Florida Statutes, is not available. 7. Pursuant to Rule 28-106.214, Florida Administrative Code, 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. DATED this 1st day of March, 2017, § County, Florida. arta Greene, , Superintendent School District of Manatee County, Florida Analysis of Elizabeth Ribaudo's Absences as of 02/22/2017 as avatars pects be I _ Late Arrival Absence by Day of the Week Monday | Tuesday | Wednesday | Thursday Friday | TOTAL | —_ BEFORE THE SCHOOL BOARD OF MANATEE COUNTY, FLORIDA SCHOOL BOARD OF MANATEE COUNTY, FLORIDA, SBMC Case No. 17-0001 Petitioner/Employer, vs. ELIZABETH RIBAUDO, Respondent/Employee. ee REQUEST FOR ADMINISTRATIVE HEARING Respondent, Elizabeth Ribaudo, requests an Administrative Hearing on the Administrative Complaint and states as follows: 1. The name, address, telephone number, fax number (if any) and email address of the Respondent is: A TTT rs eee eenereenmnnene eee 2. The name, address, telephone number, fax number (if any)and email address of the Respondent's personal representative or attorney upon whom service of pleadings and other papers shall be made is: —————-{- -—--__——————— rr —_.-————— a 3. The Respondent's substantial interest is affected by the Superintendent's recommendation of termination: et tN —_—— rrr ene tt 4. Respondent received notice of Administrative Complaint for termination on 5. The case number assigned to the administrative complaint is 17-0001. 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. Date Signature Print Name Respondent must submit a written request for a formal hearing within 15 days ust be received of the date of service. Your writtem request for a hearin by the Agemcy Clerk, Michele Bo and Gemeral Counsel Mitchell Teitelbaum at 21 :Mamatee Ave. W., Bradenton Florida 34205 mo later than 4:30 p.m on the 15th day from delivery. Respondent is required to substantially comply with the requirements of the Uniform Rules.

Docket for Case No: 17-001445TTS