STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS PALM BEACH COUNTY SCHOOL BOARD, Petitioner, CASE NO. v. RAFAEL HERNANDEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, PALM BEACH COUNTY SCHOOL BOARD, (hereinafter “School Board”), hereby files this Administrative Complaint against Respondent, RAFAEL HERNANDEZ, (hereinafter “Respondent”). The School Board seeks the suspension of Respondent’s employment with the School Board for fifteen (15) days without pay and for termination of Respondent’s employment, and in support alleges as follows. JURISDICTION AND VENUE 1. The petitioning agency is the School Board of Palm Beach County, Florida, located at 3300 Forest Hill Boulevard, West Palm Beach, Florida 33406, Attn: Board Secretary. 2. Dr. Donald E. Fennoy II is the duly appointed Superintendent of Schools for the School District of Palm Beach County, c/o JulieAnn Rico, 3300 Forest Hill Boulevard, C-331, West Palm Beach, Florida 33406. 3. The Superintendent is statutorily obligated 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 section 1012.27(5), Florida Statutes, the Superintendent has the authority to recommend to the School Board that an employee of the School Board be suspended and terminated from employment. 4. The Respondent is an employee of the School District of Palm Beach County who was most recently employed as a Bus Driver. At all times relative to this Administrative Complaint, he was a Bus Driver. 5. The last known mailing address of the Respondent is 16594 92 Ln. N, Loxahatchee, Florida 33470. The Respondent was duly notified by letter of the recommendation for suspension and termination on January 24, 2020, a copy of the recommendation is attached hereto as Exhibit “A”. 6. The Respondent, through counsel, timely requested a hearing conducted by an administrative law judge appointed by the Division of Administrative Hearings (DOAH), a copy of the request is attached hereto as Exhibit “B”. MATERIAL ALLEGATIONS 7. This recommendation is based upon conduct occurring during the 2018-2019 school year. 8. At all times relevant to this Administrative Complaint, Respondent was employed as a Bus Driver with the School District of Palm Beach County. 9. On or about June 23, 2019, a complaint was reported to the Transportation Services Department — North Facility- alleging that the Respondent was driving School District Bus 7267 and ran a red light, did not make a complete stop or open the bus doors prior to crossing the railroad tracks. 10. The Respondent was observed on bus surveillance videos failing to follow the proper procedures when crossing railroad tracks. 11. The Respondent electronically signed the Code of Ethics Acknowledgement Receipt, indicating that he completed the mandatory annual Code of Ethics training and agreed to comply with School Board Policy 3.02, Code of Ethics, throughout his employment and most recently on September 19, 2012. 12. The Respondent is an experienced Bus Driver and has been trained on the proper methods of safe school bus driving procedures, exercising best professional judgment, and following policies, rules and directives. The Respondent has been given prior directives in the form of three (3) written reprimands for violation of the Department of Transportation safe driver standards, engaging in inappropriate comments towards adults and failure to exercise best professional judgment. 13. The Respondent also previously received a three (3) day suspension for unsafe operation of a school bus. He has been further advised that failure to follow the directives would be considered gross insubordination and result in further disciplinary action up to and including termination. ADMINISTRATIVE CHARGES AND VIOLATIONS 14. Petitioner re-alleges and incorporates herein by reference the allegations set forth in paragraphs 1 through 13 above. 15. Just cause exists for the Respondent to be disciplined by way of a fifteen (15) day suspension and termination of employment pursuant to § 1012.22(1)(f), Fla. Stat. and § 1012.27(5), Fla. Stat., which “allows the district school board to suspend, dismiss, or return to annual contract members of the instructional staff and other school employees”; School Board Policy 1.013, Responsibilities of School District Personnel and Staff; and School Board Policy 3.27, Suspension and Dismissal of Employees; Article 17 of the SEIU/FPSU (Regular) Collective Bargaining Agreement; and Rule 6A-3.0171(3)(f) F.A.C., Responsibilities of School Districts for Student Transportation; School Bus Drivers and Bus Attendants Handbook, Chapter One- Operations, Section 6(A), for violations stated herein. 16. Pursuant to the due process provisions of Florida Statutes § 120.569, 120.57, 1012.22 and 1012.27, the School Board files this Administrative Complaint for a fifteen (15) day suspension without pay and termination of Respondent’s employment from the School District of Palm Beach County, Florida, for violation of the following: A. Unsafe Operation of a District School Bus e School Board Policy 3.21(3)(1), (3)(6) and (3)(12), Safe Operation of District School Buses e School Bus Driver and Attendants Handbook, Chapter One-Operations, Section 6(A) e 6A-3.017(3)(f), F.A.C., Responsibilities of School Districts for Student Transportation e School Board Policy 3.02(5)(a)(viii), Code of Ethics B. Ethical Misconduct e School Board Policy 3.02(4)(a), (4)(b),, and (4)(j), Code of Ethics C. Failure to Follow Policy, Rule or Directives/Gross Insubordination e School Board Policy 3.10(6), Conditions of Employment with the District e School Board Policy 1.013(1), Responsibilities of the School District Personnel and Staff D. Other Supporting Authorities e School Board Policy 3.02(3)(a), (3)(b), and (3)(c), Code of Ethics e School Board Policy 3.27, Suspension and Dismissal of Employees e Collective Bargaining Agreement with SEIU/FPSU (Regular), Article 17, Discipline of Employees (Progressive Discipline) 17. 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. 18. The foregoing allegations are the basis for charges upon which the employment of the Respondent may be suspended without pay and terminated 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 17 of the SEIU/FPSU (Regular) Collective Bargaining Agreement; and Rule 6A- 3.0171(3)(f) F.A.C., Responsibilities of School Districts for Student Transportation; School Bus Drivers and Bus Attendants Handbook, Chapter One-Operations, Section 6(A), for violations stated above. PETITIONER’S REQUEST FOR RELIEF WHEREFORE, the School Board requests that the Honorable Administrative Law Judge enter a recommended order declaring that there is just cause for Respondent’s fifteen (15) day suspension without pay and termination of employee’s employment recommending that the School Board enter a final order as to same. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document was e-filed via DOAH and Electronic Mail to: Edwin Ferguson, Esquire, Counsel for the Respondent, eferguson@thefergusonfirm.net located at The Ferguson Firm, 2826 Broadway, Suite 102, Riviera Beach, FL 33404, on this 31‘ day of March, 2020. School Board of Palm Beach County, Florida JulieAnn Rico, Esquire — General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, FL 33406 Telephone: 561.434.8750 Facsimile: 561.434.8105 jean.middleton@palmbeachschools.org vericcia.mccreary@palmbeachschools.org By: /s/ Jean Marie Middleton Jean Marie Middleton, Esq. Florida Bar No.: 147532

Docket for Case No: 20-001615