STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PALM BEACH COUNTY SCHOOL BOARD, Petitioner, CASE NO. vs. MICHAEL LAWSON, Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW Petitioner, PALM BEACH COUNTY SCHOOL BOARD, (hereinafter “Board”) by and through its undersigned counsel, and hereby files this Petition against Respondent, MICHAEL LAWSON (“Respondent”). The Petitioner seeks a suspension of ten (10) days without pay of Respondent’s employment with The School District of Palm Beach County and respectfully alleges as follows: JURISDICTION AND VENUE 1. The agency is the School Board of Palm Beach County, Florida, located at 3300 Forest Hill Boulevard, West Palm Beach, Florida 33406-5869, Attn: Board Secretary. 2. Dr. Donald E. Fennoy, II is the duly appointed Superintendent of Schools of Palm Beach County, Florida. The address of the Agency head is: Superintendent of Schools, School District of Palm Beach County c/o JulieAnn Rico, Esquire, 3300 Forest Hill Boulevard, C-331, West Palm Beach, Florida 33406-5813. 3. The Superintendent is statutorily obligated to recommend the placement of school personnel and to require compliance and observance by all personnel of all laws, policies, and directives of the School Board, the State of Florida, and the federal government. Pursuant to Page | of 6 §1012.27(5), Florida Statutes, the Superintendent has the authority to recommend to the School Board of Palm Beach County, Florida that school district employees be suspended from employment. 4. Respondent, Michael Lawson, is an employee of the School District of Palm Beach County and is currently employed as a teacher at Forest Hill Elementary School. 5. The last known mailing address of the Respondent is 205 2"4 Lane, Greenacres, FL 33463 The Respondent was duly notified by letter dated November 16, 2018, of the recommendation for a ten (10) day unpaid suspension, a copy of which is attached hereto as Exhibit “A”. 6. The Respondent timely requested an appeal of this disciplinary action, a copy of his request is attached hereto as Exhibit “B”. MATERIAL ALLEGATIONS 7. This recommendation is based upon conduct occurring during the 2018-2019 school year. 8. Respondent is a teacher at Forest Hill Elementary School within the School District of Palm Beach County. 9. Respondent was rehired by the School District of Palm Beach County on September 1, 2011. 10. On February 7, 2018, Respondent was arrested by the Palm Beach County Sheriff's Office and charged with DUI-Unlawful Blood Alcohol, DUI-Unlawful Blood Alcohol Refusal to Submit to DUI Test After License Suspended, and Marijuana Possession —Not More than 20 grams. 11. On September 7, 2018, Respondent pled guilty to the charge of Refusal to Submit to Chemical or Physical Test and Reckless Driving. 12. Respondent failed to report the conviction as required pursuant to School Board Policy 3.13. 13. On May 25, 2010, Respondent electronically signed the Self-Reporting of New Arrests and Convictions Affidavit attesting that he read the foregoing affidavit and have complied, and will continue to comply, in a timely manner, with all the requirements outlined within the affidavit pursuant to paragraphs A through C. 14. Respondent further attested that he understood that failure to self-report may result in disciplinary action, up to and including termination from employment and that his acknowledgment was binding throughout the term of his employment with the School District of Palm Beach County. PREVIOUS DISCIPLINE 15. Mr. Lawson has a history of previous discipline for failure to follow school board policies, rules, statutes and state regulations as follows: A. January 28, 2014— Written Reprimand for failure to self-report an arrest or conviction, ethical misconduct, and violation of Drug Free Workplace Policy. ADMINISTRATIVE CHARGE AND VIOLATIONS 16. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs 1-15 above. 17. Just cause exists for the Respondent to be disciplined by way of a ten (10) day suspension pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policies 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article II, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2) (a) and (b) F.A.C., Misconduct in Office, for the violations stated above. 18. Pursuant to the due process provisions of Florida Statutes §120.569, 120.57, 120.68, 1012.22 and 1012.27, the School District files this Administrative Complaint for a ten (10) day suspension without pay from the School District of Palm Beach County, Florida, for violation of the following: A. Off-Duty Criminal Conduct (2" Offense): School Board Policy 3.02(4)(b), Code of Ethics. B. Failure to Self-Report an Arrest or Conviction: School Board Policy 3.13(2), Self-Reporting of Arrests and Convictions by School District Employees; Florida Administrative Code 6A-10.081(2)(c)(13), Principles of Professional Conduct for the Education Profession in Florida. C. Ethical Misconduct: School Board Policy 3.02(5)(h)(iii) and 3.02(5)(h) (iv), Code of Ethics; Rule 6A-10.081(1)(c), F.A.C., Principles of Professional Conduct for the Education Profession in Florida. D. Insubordination: Failure to Follow Policy, Rule, Directive or Statute: School Board Policy 3.10(6), Conditions of Employment with the District; and School Board Policy 1.013(1), Responsibilities of School District Employees and Staff: E. Other Supporting Authorities: School Board Policy 3.27, Suspension and Dismissal of Employees; Rule 6A-5.056, F.A.C.(4), Criteria for Suspension and Dismissal: Misconduct in Office and Insubordination; and Collective Bargaining Agreement with CTA, Article II, Section M, Discipline of Employees (Progressive Discipline. 19. Violations of the above mentioned School Board Policies and Administrative Rules are prohibited by School Board Policy 1.013(1) which states: It shall be the responsibility of the personnel employed by the district School Board to carry out their assigned duties in accordance to federal laws, rules, state statutes, state board of education rules, school board policy, superintendent’s administrative directives and local school and area rules. 20. The foregoing allegations are the basis for charges upon which the employment of the Respondent may be suspended without pay as set forth in § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policy 1.013; Responsibilities of School District Personnel and Staff; and School Board Policy 3.27; Suspension and Dismissal of Employees: Article II, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056, F.A.C., (2), Misconduct in Office, for the violations stated above. 21. Accordingly, “just cause” exists for the Respondent to be disciplined by way of a ten (10) day suspension without pay pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat.; School Board Policies 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article II, Section M of the CTA Collective Bargaining Agreement; and Rule 6A-5.056(2) (a) and (b) and (4) F.A.C., Misconduct in Office, for the violations stated above. RELIEF 22. Petitioner repeats and re-alleges each and every allegation contained in paragraphs 1 through 21 as set forth herein. 23. Petitioner requests that this Administrative Law Judge declare that the Respondent’s actions set forth above constitute “just cause” for a ten (10) day suspension without pay of Respondent’s employment. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was served via the DOAH eALJ Portal and Electronic Mail to Nicolas Caggia, Esquire, Counsel for the Respondent at nick@tjlawpa.com and marybeth@tjlawpa.com located at Law Office of Thomas Johnson, P.A., 510 Vonderburg Drive, Suite 309, Brandon, Florida 33511 on this 7" day of January, 2019. The School Board of Palm Beach County, Florida General Counsel JulieAnn Rico, Esquire 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8750 Facsimile: 561.434.8105 jean.middleton@palmbeachschools.org karlene.stevens@palmbeachschools.org By: /s/ Jean Marie Middleton JEAN MARIE MIDDLETON Florida Bar No.147532 Counsel for Petitioner

Docket for Case No: 19-000114TTS