The Issue Whether there exists just cause to terminate Respondent from his employment with the Broward County School Board.
Findings Of Fact The School Board is responsible for the operation, control, and supervision of all public schools (grades K through 12) in Broward County, Florida, and for otherwise providing public instruction to school-aged children in the county. James had been employed by the School Board for 11 years prior to being placed on unpaid leave in June of 2011. During the time relevant to the instant case, he was employed as a Behavior Specialist and as the head football coach at Boyd Anderson. He also served as the Athletic Director at Boyd Anderson for the 2009-2010 school year. Edden Merchandise During the 2007-2008 school year, Christopher Edden (Edden), owner of Edden Clothing Company, began to call local schools to develop some business in the Broward County schools. He spoke with James at Boyd Anderson because he was the head football coach, and made his sales pitch. James spoke with Rayfield Henderson (Henderson) and Joan Ferguson, the co-principals at Boyd Anderson, and explained that Edden could create spirit gear for the students. Ferguson and Henderson thought it was a good fundraising idea, because James told them that Edden was producing the spirit gear on a consignment basis. James told Henderson that Edden would produce the gear, and Boyd Anderson would only have to pay for the gear as they sold it. Henderson thought it would be a good idea to set up a "spirit gear store" at the school, and for any profit to go into the athletic department. Henderson approved the spirit gear project, and because of his belief that the spirit gear was being given to the school on a consignment basis, and no money needed to be put forth to purchase the items, he did not instruct James to complete a purchase order. Edden and James exchanged e-mails regarding the colors and design for the logo and mascot. James indicated the items he was interested in ordering, placed the order with Edden, and signed the order form. Edden told James that he required full payment within 30 days after delivery; Edden invoices state "due on receipt." James knew that payment would be due within thirty days of receipt of the items; Edden made the terms of payment clear to James. Edden created the merchandise, and delivered 30 to 40 boxes of clothing and other spirit gear to Boyd Anderson. The amount ordered totaled approximately $32,000.00. After invoices were sent and remained unpaid, James informed Edden that he was not receiving payment for the merchandise because Henderson was not willing to pay the amount due. Edden then started to communicate with Henderson directly, and Henderson maintained that he would somehow pay Edden the amount owed to him. In the Spring of 2008, Edden wrote letters to Henderson, indicating that he had yet to be paid, that he had tried numerous times to contact James with no response, and that he demanded payment in full. The school made many efforts to sell the merchandise, but those efforts were largely ineffective. Ultimately, Edden hired an attorney, and sued the School Board. The School Board settled the case, paying Edden approximately $25,000.00. James misled Henderson when presenting the terms of the agreement with Edden. Henderson approved a fundraising project that was flawed from its inception, due entirely to James's misrepresentations. Due to the misrepresentation made to Henderson, School Board policy 3320, which mandates a specific process for purchases over $5,000, was not followed. Basketball game In November 2010, when James was the acting Athletic Director, he was approached by the Bank Atlantic Center about having the Boyd Anderson basketball team play Monarch High School after two collegiate games on the evening of December 18, 2010. On November 29, 2010, James submitted a Project Approval Form, which is used when any member of the faculty or administration is seeking approval of a project or event. The form was approved and signed by both Assistant Principal Evans, and the principal at that point, Mr. Almanzar. The athletic event was intended to be a fundraiser for Boyd Anderson. Boyd Anderson would purchase 150 tickets to the event for $17.75 each, and then re-sell the tickets to the student body and Boyd Anderson families and faculty for $22.75 each. Half of the tickets were to be given to Monarch High School to sell to their school community. James entered into the contract on behalf of Boyd Anderson, signing the contract with Bank Atlantic Center. Unfortunately, while the two high schools were attempting to sell these tickets, the Orange Bowl Committee was simultaneously providing free tickets to the Broward County schools. Thus, it became very difficult to sell tickets. Only a few tickets were actually sold, and Boyd Anderson ultimately paid for 136 tickets, totaling approximately $2,399.00. There is no evidence that James kept any money from the sale of the tickets, or that he stole or lost any tickets. Transcripts On June 7, 2011, a letter of reprimand was issued to James. It accused James of having asked the school registrar to enter transcripts into the school system, and bypass the process by which transcripts are validated. There was no direct evidence establishing that James committed the acts he was accused of in the reprimand letter. Ultimate Findings The greater weight of the evidence establishes that James is guilty of immorality and of misconduct in office, by failing to maintain honesty in his professional dealings and by violating the Code of Ethics. His misrepresentations led to a violation of School Board policy 3320, as the proper procedure for purchasing merchandise that totaled approximately $32,000.00 was not followed. The greater weight of the evidence establishes that James is not guilty of moral turpitude, or of violations of School Board policy 3411, or 6301.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Broward County School Board terminate Respondent's employment. DONE AND ENTERED this 31st day of July, 2012, in Tallahassee, Leon County, Florida. S JESSICA E. VARN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 2012. COPIES FURNISHED: Charles T. Whitelock, Esquire Charles T. Whitelock, P.A. Suite E 300 Southeast 13th Street Fort Lauderdale, Florida 33316 charles@ctwpalaw.com Patrick A. Santeramo Broward Teachers Union 6000 North University Drive Tamarac, Florida 33321 Melissa C. Mihok, Esquire Kelly and McKee, P.A. Suite 301 1718 East 7th Avenue Post Office Box 75638 Tampa, Florida 33675-0638 mcm@kellyandmckee.com Gerard Robinson, Commissioner Department of Education Suite 1514 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Lois Tepper, Interim General Counsel Department of Education Suite 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 Robert Runcie, Superintendent Broward County Public Schools 600 Southeast Third Avenue Fort Lauderdale, Florida 33301
