Petitioner: BROWARD COUNTY SCHOOL BOARD
Respondent: KENNETH W. MILLER
Judges: DARREN A. SCHWARTZ
Agency: County School Boards
Locations: Fort Lauderdale, Florida
Filed: Mar. 10, 2020
Status: Closed
Recommended Order on Tuesday, November 10, 2020.
Latest Update: Nov. 17, 2024
Summary: Whether just cause exists for Petitioner to suspend Respondent's employment as a teacher without pay for one day.School Board proved by a preponderance of evidence that teacher's failure to report student's threat to shoot up the school constituted misconduct in office, incompetency, inefficiency, and a violation of School Board policies justifying his suspension.
TempHtml
Filed February 12, 2021 4:44 PM Division of Administrative Hearings
THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA BROWARD COUNTY SCHOOL BOARD,
Petitioner, DOAH CASE No.: 20-001335TTS
vs. SSBM Agenda: 02-09-21-1
KENNETH W. MILLER,
Respondent.
/
FINAL ORDER
THIS CAUSE came before THE SCHOOL BOARD OF BROWARD COUNTY,
FLORIDA (hereafter referred to as “THE SCHOOL BOARD”) at its meeting conducted on February 9, 20211, to consider: (1) the Recommended Order entered on November 10, 2020, by the Honorable Darren A. Schwartz, Administrative Law Judge (ALJ) of the State of Florida Division of Administrative Hearings; (2) Respondent’s Exceptions to the Recommended Order and (3) the Petitioner’s response thereto.
IT IS THEREUPON ADJUDGED that:
THE SCHOOL BOARD rejects Respondent’s Exceptions to Findings of Fact Numbers 8, 10, 13, 14, 15, and 17 contained in the Recommended Order.
THE SCHOOL BOARD rejects Respondent’s Exception to Finding of Fact Number 18 contained in the Recommended Order.
THE SCHOOL BOARD rejects Respondent’s Exception to Conclusion of Law Number 35 contained in the Recommended Order.
1 The 90-day time period in which a final order must be rendered was waived by consent of the parties.
Copies Furnished to:
ANDREW B. CARRABIS, ESQ.
Broward County School Board Eleventh Floor
600 Southeast Third Avenue Fort Lauderdale, Florida 33301
MELISSA C. MIHOK, ESQ. CPLS, P.A.
201 East Pine Street, Suite 445
Orlando, Florida 32801
ROBERT W. RUNCIE, Superintendent of Schools Office of the Superintendent
The School Board of Broward County, Florida 600 Southeast Third Avenue - 10th Floor
Fort Lauderdale, Florida 33301
STATE OF FLORIDA, DIVISION OF ADMINISTRATIVE HEARINGS
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
APPEAL OF FINAL ORDER
Pursuant to Section 120.68, Florida Statutes, a party to this proceeding may seek judicial review of this Final Order in the appropriate district court of appeal by filing a notice of appeal with Noemi Gutierrez, Agency Clerk, Official School Board Records, The School Board of Broward County, Florida, 600 Southeast Third Avenue – 2nd Floor, Fort Lauderdale, Florida 33301, on or before thirty (30) days from the date of this Final Order. A copy of the notice and a copy of this Final Order, together with the appropriate filing fee, must also be filed with the Clerk, Fourth District Court of Appeal, 110 South Tamarind Avenue, West Palm Beach, Florida 33401. If you fail to file your notice of appeal within the time prescribed by laws and the rules of court, you will lose your right to appeal this Final Order.
fritz/allwork/agenda/2021/02092021ssbm miller/final order/final order
Docket for Case No: 20-001335TTS
Issue Date |
Proceedings |
Feb. 12, 2021 |
Respondent's Exceptions to Recommended Order filed.
|
Feb. 12, 2021 |
Agency Final Order filed.
|
Dec. 08, 2020 |
Response to Respondent's Exceptions to Recommended Order filed.
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Nov. 10, 2020 |
Recommended Order (hearing held September 14, 2020). CASE CLOSED.
|
Nov. 10, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Oct. 27, 2020 |
(Amended) Proposed Recommended Order filed by Petitioner.
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Oct. 26, 2020 |
(Petitioner's) Proposed Recommended Order filed.
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Oct. 26, 2020 |
Respondent's Proposed Recommended Order filed.
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Oct. 09, 2020 |
Order Granting Extension of Time.
|
Oct. 09, 2020 |
Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
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Sep. 29, 2020 |
Notice of Filing Transcript.
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Sep. 29, 2020 |
Transcript (not available for viewing) filed. |
Sep. 14, 2020 |
Notice of Filing Petitioner's Exhibit 17 filed.
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Sep. 14, 2020 |
CASE STATUS: Hearing Held. |
Sep. 11, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Sep. 10, 2020 |
Respondent's Notice of Filing Exhibits filed.
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Sep. 09, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Sep. 08, 2020 |
Notice of Filing Exhibits filed.
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Sep. 04, 2020 |
Joint Pre-hearing Stipulation filed.
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Sep. 03, 2020 |
Petitioner's Notice of Serving Petitioner's Supplemental Response to Respondent's Subpoena dated July 23, 2020 for Production of Documents filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Wylie Howard) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Sabrina Smith) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (N'Kenge Rawls) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Fareed Khan) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Emanuel Martin) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Debra Clark) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Deborah Nesbit) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Calvin Golson) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Shamar Berry) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Marc Galvan) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Marc Anthony Douglas) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Israel Brown) filed.
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Sep. 03, 2020 |
Notice of Taking Deposition (Anthony Martins) filed.
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Aug. 27, 2020 |
Petitioner's Notice of Serving Supplemental Responses to Respondent's First Set of Interrogatories and First Request for Production filed.
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Aug. 19, 2020 |
Order Denying Petitioner's Motion to Compel Responses to Discovery Propounded on Respondent and Sanctions.
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Aug. 18, 2020 |
Notice of Taking (Virtual) Deposition filed.
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Aug. 18, 2020 |
Notice of Service filed.
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Aug. 11, 2020 |
Petitioner's Motion to Compel Responses to Discover Propounded on Respondent and Sanctions filed.
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Aug. 06, 2020 |
Petitioner's Notice of Serving Responses to Respondent's First Interrogatories, First Request for Production and Respondent's Subpoena Duces Tecum Dated July 23, 2020, filed.
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Jul. 24, 2020 |
Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 14 and 15, 2020; 9:00 a.m.; Fort Lauderdale).
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Jul. 23, 2020 |
CASE STATUS: Motion Hearing Held. |
Jul. 23, 2020 |
Notice of Intent to Issue Subpoena filed.
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Jul. 22, 2020 |
Joint Motion for Continuance of Hearing filed.
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Jul. 08, 2020 |
Notice of Service filed.
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May 08, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for August 11 and 12, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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May 07, 2020 |
Unopposed Motion for Continuance of Hearing filed.
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Apr. 08, 2020 |
Petitioner's First Request for Admissions filed.
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Apr. 08, 2020 |
Petitioner's First Interrogatories to Respondent filed.
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Apr. 08, 2020 |
Petitioner's First Request for Production of Documents to Respondent filed.
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Apr. 08, 2020 |
Notice of Service of Petitioner's First Set of Interrogatories, First Request for Production, and First Request for Admissions filed.
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Mar. 18, 2020 |
Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for June 2 and 3, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Mar. 18, 2020 |
Order of Pre-hearing Instructions.
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Mar. 18, 2020 |
Notice of Hearing by Video Teleconference (hearing set for April 24, 2020; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
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Mar. 18, 2020 |
Order Granting Motion for Leave to File Amended Administrative Complaint.
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Mar. 17, 2020 |
Petitioner Broward County School Board's Motion for Leave to File Amended Administrative Complaint filed.
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Mar. 17, 2020 |
Joint Motion for Continuance and Setting of Final Hearing via Video Teleconference on June 2 and 3, 2020 filed.
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Mar. 17, 2020 |
Joint Response to Initial Order filed.
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Mar. 12, 2020 |
Initial Order.
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Mar. 10, 2020 |
Agenda Request Form filed.
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Mar. 10, 2020 |
Administrative Complaint filed.
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Mar. 10, 2020 |
Agency action letter filed.
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Mar. 10, 2020 |
Request for Administrative Hearing filed.
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Mar. 10, 2020 |
Referral Letter filed.
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Orders for Case No: 20-001335TTS
Issue Date |
Document |
Summary |
Feb. 09, 2021 |
Agency Final Order
|
|
Nov. 10, 2020 |
Recommended Order
|
School Board proved by a preponderance of evidence that teacher's failure to report student's threat to shoot up the school constituted misconduct in office, incompetency, inefficiency, and a violation of School Board policies justifying his suspension.
|