The Issue Whether Respondent, a school teacher employed by Petitioner pursuant to a professional services contract, committed the offenses alleged by the Petitioner in its Petition for Dismissal and, if so, the penalties that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent was employed by Petitioner pursuant to a professional services contract. Respondent was first employed by Petitioner in 1992. For the school year 1995-96, Respondent was assigned as a special education teacher at John I. Leonard High School, one of the public schools in Palm Beach County. In addition to his teaching duties, Respondent was the coach of the Junior Varsity baseball team. At all times pertinent to this proceeding Respondent was a member of the CTA, the union that represents instructional staff in the Palm Beach County School District. Effective January 18, 1995, the Petitioner adopted School Board Policy 3.26 as a rule. This rule was drafted by James Kelly, an attorney who is employed by Petitioner as the chief of its police force. It was the intent of Chief Kelly to draft a "zero tolerance" rule, prohibiting employees and others from bringing firearms on school property. It was the intent of Chief Kelly in drafting the rule that the employment of any employee who violated that prohibition would be suspended until that employment could be terminated. Rule 3.26 provides, in pertinent part, as follows: It is the intent of this Policy to clearly state that possession of firearms will not be tolerated on School District property. Definitions: "Firearm" means any weapon (including a starter gun or antique firearm) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any destructive device; or any machine gun.1 "Employee" means any person hired by the School Board after completing the personnel procedures required by the School Board. "Independent Contractor" means any person or company other than a School District employee, who provides goods and/or services to the School District and enters into a contracted agreement with the School Board. "Visitor" means any business or personal invitee including, but not limited to, parents, volunteers, family members of School District employees or friends of School District Employees. Any School District employee found to have brought a firearm on School District property shall be subject to suspension and dismissal in accordance with the procedures set forth in School Board Policy 3.27.2 All Contract Agreements with Independent Contractors shall provide that, if any employee of an Independent Contractor or Sub-Contractor is found to have brought a firearm on School District property, said employee will be terminated from the School Board project by the Independent Contractor or the Sub-Contractor. If the Sub-Contractor fails to terminate the employee, the Sub- Contractor's Agreement with the Independent Contractor for the School Board project shall be terminated. If the Independent contractor fails to terminate said employee or fails to terminate the Agreement with the Sub- Contractor who fails to terminate said employee, the Independent Contractor's Agreement with the School Board shall be terminated. Except to the extent allowed by law, any visitor found to have brought a firearm on School District property shall be notified that all subsequent visits to School District property will be by an appointment only, and that visits without prior appointment may result in a criminal action for trespass. This Policy does not apply to any Law Enforcement Officer . . . Article II, Section M of the collective bargaining agreement between the CTA and the School Board, entitled "Discipline of Employees (Progressive Discipline)," provides, in pertinent part, as follows: Without the consent of the employee and the Association, disciplinary action may not be taken against an employee except for just cause, and this must be substantiated by clear and convincing evidence which supports the recommended disciplinary action. All disciplinary action shall be governed by applicable statutes and provisions of this Agreement. Further, an employee shall be provided with a written notice of wrongdoing, setting forth the specific charges against that employee prior to taking any action. * * * Where just cause warrants such disciplinary action(s) and in keeping with provisions of this Section, an employee maybe reprimanded verbally, reprimanded in writing, suspended with pay, suspended without pay or dismissed upon the recommendation of the immediate supervisor to the Superintendent. Other disciplinary action(s) may be taken with the mutual agreement of the parties. Except in cases which clearly constitute a real and immediate danger to the District or the actions/inactions of the employee constitute such clearly flagrant and purposeful violations of reasonable school rules and regulations, progressive discipline shall be administered as follows: Verbal Reprimand With A Written Notation. Such written notation shall not be placed in the employee's personnel file and shall not be used to the further detriment of the employee after twelve (12) months of the action/inaction of the employee which lead to the notation. Written Reprimand. A written reprimand may be issued to an employee when appropriate in keeping with provisions of this Section. Such written reprimand shall be dated and signed by the giver and the receiver of the reprimand and shall be filed in the affected employee's personnel file in keeping with provisions of Article II, Section B of this agreement. Suspension With Pay. A suspension with pay may be issued to an employee when appropriate in keeping with provisions of this Section, including just cause and applicable laws. The length of the suspension also shall be determined by just cause as set forth in this Section. The notice and specifics of the suspension with pay shall be placed in writing, dated and signed by the giver and the receiver of the suspension. The specific days of suspension will be clearly set forth in the written suspension notice which shall be filed in the affected employee's personnel file in keeping with Article II, Section B of this Agreement. Suspension Without Pay. A suspension without pay may be issued to an employee, when appropriate, in keeping with provisions of this Section , including just cause and applicable laws. The length of the suspension also shall be determined by just cause as set forth in this Section. The notice and specifics of the suspension without pay shall be placed in writing, dated and signed by the giver and the receiver of the suspension. The specific days of suspension will be clearly set forth in the written suspension notice which shall be filed in the affected employee's personnel file in keeping with provisions of Article II, Section B of this Agreement. Dismissal. An employee may be dismissed (employment contract terminated or non-renewed) when appropriate in keeping with provisions of this Section, including just cause and applicable laws. An employee against whom disciplinary action(s) has been taken may appeal through the grievance procedure. If the disciplinary action(s) include either a suspension or a dismissal, the grievance shall be initiated at STEP TWO. At the times pertinent to this proceeding, Respondent had a concealed weapon's permit issued by the Florida Department of State's Division of Licensing. Respondent received instructions and materials when he obtained his concealed weapons permit in Florida that clearly advised him that a concealed weapons permit does not authorize the possession of a concealed weapon on school premises. Respondent knew or should have known that his concealed weapon's permit did not authorize him to carry a firearm on school property. At all times after March 29, 1996, Respondent knew or should have known that school employees were prohibited from bringing firearms on school property. Prior to May 1, 1996, Respondent knew or should have known of the School Board's Rule 3.26.3 Respondent knew or should have known that bringing a firearm on school property would violate this rule. March 29, 1996, was a teacher planning day. On that day Respondent brought on school property a firearm that he had recently purchased so he could show the firearm to Officer Charles C. Edwards, a member of the School Board's police force. Officer Edwards told Respondent he could not have a firearm on school property. As of May 1, 1996, the junior varsity baseball season was over for John I. Leonard High School, but the varsity team was in the post-season playoffs. On May 1, 1996, the varsity team was involved in a game that would eliminate the loser from the playoffs. The game was scheduled to begin at 7:00 p.m. on the campus of John I. Leonard. At the request of the varsity baseball coach, Respondent agreed to scout a potential playoff opponent that was playing a game in Plantation, Florida, at 7:00 p.m. When Respondent left his house on the late afternoon of May 1, 1996, he intended to make a bank deposit prior to going to John I. Leonard High School to pick up the forms that he was to fill out as he scouted the potential opponent. The bank deposit was for the Men's Baseball Association of Palm Beach County and consisted of more than $1,000 in cash and checks. It was Respondent's practice to carry a firearm on his person when he had a large sum of money to be deposited. Consistent with that practice, Respondent took his firearm when he left his house on May 1, 1996, and drove to his bank's drive- in window. At all times on May 1, 1996, pertinent to this proceeding, Respondent had his firearm in a holster. When Respondent first entered his vehicle, he placed the holstered firearm in a fanny pack and placed the fanny pack containing the holstered firearm under the seat of his vehicle. Consistent with his practice, when Respondent got to the line for the drive-in window, he removed the gun from the pouch and placed the holstered firearm in his lap. Because he was running late and the line was moving slowly, Respondent pulled out of the line of cars without making his deposit and headed for John I. Leonard High School to pick up the forms he needed. He clipped the holstered firearm to his belt between his body and his pants at the rear of his right hip. His shirt tail covered the firearm. Respondent also had his cellular phone and beeper clipped to his belt. The cash was in the right front pocket of his pants. Respondent arrived at John I. Leonard High School a few minutes before 6:00 p.m. on May 1, 1996. He parked his vehicle on school grounds in the parking lot near the school gymnasium and approached the gate to the ball field area. Respondent intended to go to the office of the varsity baseball coach to get the forms he needed to scout the game in Plantation. The coach's office was located inside the ball field area above the concession stand. Tickets to the game were sold at a table that was set up at the gate. As Respondent approached the gate, Gary Zaniewski, Jack McLaughlin, and Scott Siegel were present at the ticket table. Mr. Zaniewski was, as of May 1, 1996, the father of a varsity baseball player and served as the president of the John I. Leonard High School Baseball Booster Club. Mr. McLaughlin and Mr. Siegel were school board employees. As Respondent passed by the table, Mr. Zaniewski noticed that Respondent was wearing a firearm and reminded him of that fact. Mr. Zaniewski told Respondent that he did not think it was appropriate for him to have a firearm on school property. Respondent immediately turned around, went back to his vehicle, placed the holstered firearm in the pouch under the seat, and locked the car. He thereafter went to the coach's office, got the forms he needed, and went to Plantation to scout the game. The firearm was in Respondent's vehicle during the few minutes it took him to get the forms from the coach's office. During the time Respondent was on school grounds, he did not remove the firearm from the holster, point it at anyone, shoot anyone or anything, threaten or harm anyone, or engage in any kind of confrontation. While there were members of the baseball team at the field warming up, those players were not in close proximity to Respondent. For the calendar year 1995, there were 169 reported thefts from motor vehicles located on School Board property and 23 motor vehicles stolen from School Board property. The presence of a firearm locked in a vehicle on school property presents a real and immediate danger that Rule 3.26 was enacted to prevent. Respondent testified that he was in a hurry on May 1, 1996, and simply forgot that he had the firearm on his person when he approached the gate to the baseball field. Although there was testimony that a person would not forget he was carrying such a weapon, the testimony of the Respondent is found to be credible. Consequently, it is found that he forgot he had the firearm on his person when he first exited his vehicle on school property on May 1, 1996. There can be little doubt, however, that Respondent was aware that he had a firearm with him when he drove on school property. The Respondent's holster did not have any device to impede unauthorized or inadvertent removal of the firearm. In contrast, the type holsters used by Petitioner's police force requires three separate actions in order for the gun to be removed from the holster. Respondent's careless possession of a firearm that was clipped to his belt in an unsafe holster presented a real and immediate danger that Rule 3.26 was enacted to prevent. Rule 3.26 is a reasonable exercise of the School Board's authority. Despite the events of May 1, 1996, Respondent was given a professional services contract by the School Board for the year 1996-97. On the recommendation of the Superintendent of Schools, the School Board suspended Respondent's employment effective September 19, 1996, and voted to institute these proceedings to terminate his employment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order that finds that Respondent violated the provisions of Rule 3.26 as alleged by Petitioner and suspends his employment for a period of one year. DONE AND ENTERED this 1st day of July, 1997, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1997.
The Issue Whether there exists just cause to suspend Respondent from his teaching position for five days, without pay, for "misconduct in office" and "immorality," as alleged in the Administrative Complaint.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: The School Board is responsible for the operation, control, and supervision of all public schools (grades K through 12) in Broward County, Florida (including, among others, Piper High School (Piper)), and for otherwise providing public instruction to school-aged children in the county. At all times material to the instant case, Enid Valdez was the principal of Piper; Patrick Lowe, Robert Godwin, and Sharon Grant were assistant principals at the school; and Donavan Collins was the school's social studies department chair. Respondent has been a social studies teacher at Piper since 2002. He presently holds a professional services contract with the School Board. During the first semester of the 2009-2010 school year, Respondent taught three American History classes at Piper (during the first, second, and fourth periods of the school day). The previous school year, in or around February 2009, Respondent had ordered, in his own name, a 25-copy per issue subscription for the upcoming 2009-2010 school year to "New York Times Upfront" (Upfront), a magazine for high school students published by Scholastic, Inc., that Respondent believed to be an "excellent [learning] tool" from which his students could benefit academically. The total cost of the subscription (Upfront Subscription) was $246.13. Respondent planned to use the magazine in the classes he would be teaching at Piper the following school year. After receiving, in or around August 2009, 25 copies of the September 2009 issue of Upfront, the first issue of the 2009-2010 school year, Respondent distributed them to the students in his three American History classes for their review. He told the students they each would have the option of using Upfront, instead of School Board-provided materials, for class assignments, provided they paid him $3.00 to help cover the cost of the Upfront Subscription. He subsequently asked each student in his three classes whether or not that student wanted to exercise this option and noted on the class roster those students who responded in the affirmative (Upfront Option Students). For the next two or so months, he collected money (in cash) from the Upfront Option Students and recorded each payment he received. On October 22, 2009, using his debit card, Respondent made an initial payment to Scholastic of $124.00 for the Upfront Subscription (that he had ordered in or around February 2009). He made a second and final payment of $122.13 (again using his debit card) on November 3, 2009. The money Respondent collected from the Upfront Option Students was insufficient to cover the $244.13 cost of the Upfront Subscription. Respondent paid the shortfall out of his own pocket. Sometime in early November 2009, Respondent gave the Upfront Option Students their first assignment from the magazine (copies of which Respondent had distributed to the students). During the 2009-2010 school year, Piper had the following policy concerning the collection of money (Piper Collection of Money Policy), which was published in the Piper 2009-2010 Faculty Handbook: Money is never to be left in any classroom, storage cabinet, or office desk. Collected money is the responsibility of the teacher and is deposited with the school bookkeeper by the end of the day. A receipt will be given when the money is deposited. Money cannot be collected by any teacher unless the collection and distribution of the money has been previously discussed, planned, and approved by the principal's designee and the bookkeeper has been informed. All money must be deposited daily with the bookkeeper. (The document referred to in paragraphs 7 and 8 of the Administrative Complaint as "Exhibit A" is a copy of the Piper Collection of Money Policy, as the parties stipulated at hearing.3 See pp. 66 and 67 of the hearing transcript.) Respondent was provided a copy of the Piper 2009-2010 Faculty Handbook prior to the beginning of the 2009-2010 school year. At all times material to the instant case, Respondent was aware of the Piper Collection of Money Policy. Nonetheless, in violation of that policy, he did not obtain, or even seek, the necessary administrative approval to collect money from the Upfront Option Students, nor did he deposit any of the money he collected from these students with the bookkeeper, much less inform her (or any school administrator, for that matter) of his money collection activities. The foregoing notwithstanding, his intent in acting as the conduit through which these students purchased issues of Upfront for use in his classes was to help the students achieve academic success, not to exploit them for his own personal gain or advantage. He never had any intention of doing anything with the money he collected from the students other than using it (as he ultimately did) to help cover the cost of the Upfront Subscription. It was not until on or about October 19, 2009, that the Piper administration first learned about Respondent's money collection activities as a result of discussions that Assistant Principal Lowe had with students in Respondent's classes. After having been briefed by Mr. Lowe regarding what these students had reported, Principal Valdez asked Assistant Principal Grant to speak with Respondent. During his meeting with Ms. Grant, Respondent admitted to collecting money from the Upfront Option Students to help pay for the Upfront Subscription, and he acknowledged that he had not sought approval from anyone in the school administration to do so. On or about October 26, 2009, Principal Valdez sent a Personnel Investigation Request to the School Board's Office of Professional Standards and Special Investigative Unit (SIU) through which she requested that SIU conduct an investigation of the matter. An investigation was authorized by SIU on October 28, 2009, and an SIU investigator was assigned the case a week later. On or about November 3, 2009, Respondent was provided with a letter from Craig Kowalski, the SIU Acting Executive Director, advising Respondent of SIU's "investigation into a complaint . . . regarding an alleged violation [by Respondent] of the Principles of Professional Conduct of the Education Profession in Florida, Rule 6B-1.006(2)(h) [sic],[4] to include the collection of money from students to purchase magazines." After the SIU investigation was completed, an investigative report was prepared and presented to the School Board's Professional Services Committee for its consideration. The Professional Services Committee found "probable cause." A pre-disciplinary conference was then held, after which the Superintendent, on August 10, 2010, issued an Administrative Complaint recommending Respondent's suspension, without pay, "for a period of five (5) days effective from June 3, 2010 through June 9, 2010."
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Broward County School Board issue a final order finding that the charges against Respondent have not been sustained, dismissing these charges, and awarding Respondent any "back salary" he may be owed. DONE AND ENTERED this 26th day of July, 2011, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of July, 2011.
The Issue The issue is whether Respondent Brenda Bohlinger’s conduct constitutes just cause for her dismissal from employment with Petitioner Polk County School Board (School Board).
Findings Of Fact The School Board is duly constituted and charged with the duty to operate, control, and supervise all free public schools within Polk County, Florida, pursuant to article IX, section 4, subsection (b) of the Florida Constitution and section 1001.32, Florida Statutes. Specifically, the School Board has the authority to discipline employees. § 1012.22(1)(f), Fla. Stat. Ms. Bohlinger was employed by the School Board as a teacher pursuant to a professional services contract. She has been employed with the School Board for approximately 13 years. During the 2015-2016 school year, Ms. Bohlinger was an itinerant physical education (PE) teacher for the Reaching Every Adolescent Learner Academy (the REAL Academy). Ms. Bohlinger began her responsibilities as the itinerant PE teacher on October 16, 2015, and was relieved of her duties on March 7, 2016. The REAL Academy is a dropout prevention program created for students in fourth through 12th grades who are two or more years behind academically. The REAL Academy was started in and for the 2015-2016 school year and uses a modified educational curriculum which allows students to catch up academically and graduate on time. There are four separate locations in Polk County that house components of the REAL Academy: Auburndale High School (Auburndale), which is located in Auburndale, Florida; the Dwight Smith Center (Smith Center), which is located in Lakeland; the Gause Academy, which is located in Lakeland; and Boone Middle School (Boone), which is located in Haines City. Ms. Bohlinger’s school duty day began at Auburndale where she would teach two separate PE classes. Her first class started at 7:55 a.m. and her second class ended at 9:42 a.m. Ms. Bohlinger then left Auburndale and drove to the Smith Center where she taught two more PE classes. It took approximately 28 to 33 minutes to travel from Auburndale to the Smith Center. Ms. Bohlinger’s first class at the Smith Center started at 10:20 a.m. and her second class ended at 12:37 p.m. After the second class ended at the Smith Center, Ms. Bohlinger would drive to Boone where she taught two more PE classes. Ms. Bohlinger’s first class at Boone started at 1:53 p.m. and her last class of the day ended at 3:40 p.m. When Ms. Bohlinger had the Boone students at PE class, the Boone teachers would have their allocated planning period. In the event Ms. Bohlinger did not provide a PE class, the Boone teachers did not have a daily planning period. School employees who travel from one teaching location to another teaching location are compensated for their mileage at a specified rate.2/ Each traveling employee is responsible for completing a mileage reimbursement form (form). The completed form is submitted to the employee’s immediate supervisor, who reviews and approves it, and then submits it to the district for processing. When she was first hired for the REAL Academy, Ms. Bohlinger asked Robert Hartley, the initial REAL Academy principal/director for instructions on how to complete the form. Mr. Hartley was unable to provide that instruction and Ms. Bohlinger obtained the instructions on how to complete the form from School Board personnel. At the end of each calendar month, Ms. Bohlinger completed the mileage reimbursement form for her trips between Auburndale, the Smith Center, and Boone. The distance claimed between the three learning centers is 32 miles, which was not contested. It took approximately 30 minutes to travel from Auburndale to the Smith Center, and approximately 40 minutes for Ms. Bohlinger to travel from the Smith Center to Boone. The School Board’s reimbursement rate is $.575 per mile. During the 2015-2016 school year, Principal Wilson was a “resource teacher,” working mainly at Auburndale and Boone. He oversaw the REAL Academy programs at those locations, and reported to Mr. Hartley. At some time after the middle of the 2015-2016 school year, Principal Wilson researched information as to any dates that Ms. Bohlinger missed PE classes for all or part of a school day. Principal Wilson identified seven3/ dates that Ms. Bohlinger was not at Boone. They are: November 3, 2015 The first quarter grades were past due. Ms. Bohlinger had started late in the quarter; however, it was determined that she would assign first quarter PE grades to the REAL Academy PE students. Ms. Bohlinger was told she had to enter the grades for her students that day. Principal Wilson’s “understanding” was that Ms. Bohlinger’s grading “would be done in Lakeland at the Dwight Smith Center.” Principal Wilson did not see Ms. Bohlinger at the Smith Center, and did not know when or where she entered the grades. Principal Wilson maintained that Ms. Bohlinger did not go to Boone on November 3, because he had to calm Boone teachers that it was not Ms. Bohlinger’s choice to miss PE, but that she was required to enter grades.4/ Ms. Bohlinger was at the Smith Center (her second school), when she was told she had to assign PE grades to the students. Ms. Bohlinger had to wait for Gwen Porter, a guidance counselor, to assist her because Ms. Bohlinger did not have access to a computer. The two women started working on the grades after 1:00 p.m. and she completed entering the grades prior to 3:00 p.m. Ms. Bohlinger testified she traveled to Boone after she finished with the grading. However, with the allocated time to make the trip, approximately 40 minutes, there was not sufficient time to arrive at Boone to conduct the last PE class of that day. There was no testimony that Ms. Bohlinger actually conducted a PE class at Boone on that day. Ms. Bohlinger’s testimony is not credible. December 2, 2015 A district level/REAL Academy meeting (district meeting) was scheduled for two locations (Boone before school started and the Smith Center in the afternoon) in an effort to have as many participants as possible. Ms. Bohlinger learned of the district meeting either the Friday or Monday before the Wednesday district meeting. Ms. Bohlinger was to attend the meeting at the Smith Center in Lakeland. Ms. Bohlinger “forgot” about the district meeting and “out of habit,” she went from Auburndale to the Smith Center and then on to Boone. Only after she got to Boone did she “realize” there was a district meeting, and she then returned to the Smith Center. Ms. Bohlinger claimed she made a “mistake” in traveling to Boone on December 2, 2015. Ms. Bohlinger’s mileage claim was inappropriate because she did not fulfill any PE teaching responsibilities at Boone. January 4, 2016 Following the winter holiday, the first school day for students was January 4, 2016. Ms. Bohlinger worked at Auburndale, the Smith Center, and then traveled to Boone. After resting in her car at the Boone location, Ms. Bohlinger called Principal Wilson, told him she was ill, and would be going home. Principal Wilson recalled that Ms. Bohlinger called him, said she was ill and would not finish out the school day. Principal Wilson thought Ms. Bohlinger was calling from her car, but he was uncertain of where she was at the time. Ms. Bohlinger’s explanation is credible. January 5, 2016 Ms. Bohlinger was out sick. Ms. Bohlinger failed to accurately record that she did not travel to any of her assigned schools on January 5, 2016. January 6, 2016 Ms. Bohlinger was out sick. Ms. Bohlinger failed to accurately record that she did not travel to any of her assigned schools on January 6, 2016. February 1, 2016 Ms. Bohlinger traveled to her three assigned schools. However, she drove to Boone, the check engine light came on in her car. After she arrived at Boone, she contacted Principal Wilson and asked if he was on the Boone campus. Upon understanding that Principal Wilson was not on the Boone campus, Ms. Bohlinger proceeded to inform him of her car issue, and that she was leaving to attend to her car. Ms. Bohlinger may have driven to Boone, but she did not teach her classes on the Boon campus. Ms. Bohlinger should not have claimed mileage for February 1, 2016. Respondent’s Prior Discipline On May 3, 2013, Ms. Bohlinger had a conference with Faye Wilson, the principal at Jesse Keen Elementary School. As a result of that meeting, Ms. Bohlinger was issued a verbal warning with a written confirmation regarding several instances when Ms. Bohlinger left the school campus before the end of her contractual day. On October 12, 2015, Ms. Bohlinger was suspended without pay for two days (Friday, October 9, 2015, and Monday, October 12, 2015). This suspension was the result of an investigation, to which Ms. Bohlinger “admitted that [she] had ‘peeked in on and listened to’ mental health counseling sessions with students, in which a student’s private information was discussed.”5/ Following the discipline listed in paragraph 15 above, Ms. Bohlinger was assigned to be the physical education teacher for the REAL Academy effective October 13, 2015. The testimony and exhibits establish that on five days Ms. Bohlinger submitted requests for mileage reimbursements to which she was not entitled. Ms. Bohlinger’s explanation that she felt ill and had to leave after arriving at Boone on January 4, 2016, is found to be credible.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Polk County School Board, enter a final order terminating Ms. Bohlinger’s employment. DONE AND ENTERED this 28th day of November, 2016, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 28th day of November, 2016.
The Issue Whether Respondent, Department of Revenue's ("Department"), B03 assessment against Petitioner, GBR Enterprises, Inc. ("GBR"), for sales tax and interest is incorrect.
Findings Of Fact The Parties and Audit Period GBR is a Florida corporation with its principal place of business in Miami, Florida. Gilda Rosenberg is the owner of GBR and a related entity, Gilly Vending, Inc. ("Gilly"). GBR and Gilly are in the vending machine business. At all times material hereto, Amit Biegun served as the chief financial officer of the two entities. The Department is the state agency responsible for administering Florida's sales tax laws pursuant to chapter 212, Florida Statutes. This case concerns the audit period of January 1, 2012, to December 31, 2014. GBR's Provision of Vending Machine Services Prior to the audit period, the school boards of Broward and Palm Beach County issued written solicitations through competitive invitations to bid ("ITB"), seeking vendors to furnish, install, stock, and maintain vending machines on school property. The bids required a "full turn-key operation." The stated objectives were to obtain the best vending service and percentage commission rates that will be most advantageous to the school boards, and to provide a contract that will be most profitable to the awarded vendor. The stated goal was that student choices from beverage and snack vending machines closely align with federal dietary guidelines. GBR operates approximately 700 snack and beverage vending machines situated at 65 schools in Broward, Palm Beach, and Miami-Dade Counties. Of these 65 schools, 43 are in Broward County, 21 are in Palm Beach County, and one is in Miami-Dade County. The snack vending machines are all owned by GBR. Beverage vending machines are owned by bottling companies, such as Coca-Cola and Pepsi. Of the 700 vending machines, approximately 60 percent of the machines are for beverages and the remaining 40 percent are for snacks. GBR has written vending agreements with some schools. In these agreements, GBR is designated as a licensee, the school is designated as the licensor, and GBR is granted a license to install vending machines on school property in exchange for a commission. Furthermore, GBR is solely responsible to pay all federal, state, and local taxes in connection with the operation of the vending machines. Ownership of the vending machines does not transfer to the schools. However, in some cases the schools have keys to the machines. In addition, designated school board employees have access to the inside of the machines in order to review the meter, monitor all transactions, and reconcile the revenue from the machines. GBR places the vending machines on school property. However, the schools control the locations of the vending machines. The schools also require timers on the machines so that the schools can control the times during the day when the machines are operational and accessible to students. The schools also control the types of products to be placed in the machines to ensure that the products closely align with the federal dietary guidelines. The schools also control pricing strategies. GBR stocks, maintains, and services the vending machines. However, Coca-Cola and Pepsi may repair the beverage machines they own. GBR is solely responsible for repairing the machines it owns. The schools require that any vendor service workers seeking access to the vending machines during school hours pass background checks. GBR route drivers collect the revenue from all of the vending machines and the revenues are deposited into GBR's bank accounts. In exchange for GBR's services, the schools receive from GBR, as a commission, a percentage of the gross receipts. However, neither GBR nor the schools are guaranteed any revenue unless sales occur from the machines. On its federal income tax returns, GBR reports all sales revenue from the vending machines. For the tax year 2012, GBR's federal income tax return reflects gross receipts or sales of $5,952,270. Of this amount, GBR paid the schools $1,363,207, a percentage of the gross receipts which GBR characterized on the tax return and its general ledger as a commission and equipment space fee and cost of goods sold. For the tax year 2013, GBR's federal income tax return reflects gross receipts or sales of $6,535,362. Of this amount, GBR paid directly to the schools $1,122,211, a percentage of the gross receipts which GBR characterized on the tax return and its general ledger as a commission and equipment space fee and cost of goods sold. For the tax year 2014, GBR's federal income tax return reflects gross receipts or sales of $6,076,255. Of this amount, GBR paid directly to the schools $1,279,682, a percentage of the gross receipts which GBR characterized on the tax return and its general ledger as a commission and equipment space fee and cost of goods sold. Thus, for the audit period, and according to the federal tax returns and general ledgers, GBR's gross receipts or sales were $18,563,887. Of this amount, GBR paid directly to the schools $3,765,100, as a commission and equipment space fee and cost of goods sold. The Department's Audit and Assessment On January 27, 2015, the Department, through its tax auditor, Mary Gray, sent written notice to GBR of its intent to conduct the audit. This was Ms. Gray's first audit involving vending machines at schools. Thereafter, GBR provided Ms. Gray with its general ledger, federal returns, and bid documents. On October 28, 2015, Ms. Gray issued a draft assessment to GBR. The email transmittal by Ms. Gray to GBR's representative states that "[t]he case is being forwarded for supervisory review." In the draft, Ms. Gray determined that GBR owed additional tax in the amount of $28,589.65, but there was no mention of any purported tax on the monies paid by GBR to the schools as a license fee to use real property. However, very close to the end of the audit, within one week after issuing the draft, and after Ms. Gray did further research and conferred with her supervisor, Ms. Gray's supervisor advised her to issue the B03 assessment pursuant to section 212.031 and rule 12A-1.044, and tax the monies paid by GBR to the schools as a license fee to use real property. Thus, according to the Department, GBR was now responsible for tax in the amount of $246,230.93, plus applicable interest. Of this alleged amount, $1,218.48 was for additional sales tax (A01), $4,181.41 was for purchase expenses (B02), $13,790 was for untaxed rent (B02), and $227,041.04 was for the purported license to use real property (B03). Ms. Gray then prepared a Standard Audit Report detailing her position of the audit and forwarded the report to the Department's dispute resolution division. On January 19, 2016, the Department issued the Notice of Proposed Assessment ("NOPA") against GBR for additional tax and interest due of $288,993.31. The Department does not seek a penalty against GBR. At hearing, Ms. Gray acknowledged that she and her supervisor "struggled" with understanding GBR's reference to commissions and equipment expense fees in the tax returns and general ledgers and the Department's decision to ultimately issue the B03 assessment. At hearing, the Department's representative, Mr. Zych, acknowledged that a proper analysis as to whether a particular arrangement constitutes a license to use real property involves a consideration of issues of control, such as control over access to and placement of the machines, products, and money. In the instant case, the schools controlled significant aspects of the parties' arrangement, including placement of and access to the machines, pricing strategies, and the type of products that could be placed and sold from the machines. The vending machines were placed at the schools and under significant control by the schools so that the schools would be in compliance with federal dietary guidelines. GBR provided an important service to the schools in order that the schools meet federal dietary guidelines. GBR was able to provide the service only because of a competitive ITB process. The goal of the bids was to obtain a vendor service for the sale of products to students in conformity with federal dietary guidelines, not to enter into a license for the use of real property. Although GBR characterized the payouts to the schools on its tax returns and general ledgers as "commissions" and "equivalent space fees," and GBR controls some aspects of the arrangements, the facts adduced at hearing demonstrate that the substance of the arrangement is in the nature of a service contract. In sum, given the totality of the circumstances and under the unique facts of this case, the undersigned concludes as an issue of fact, that the arrangement between GBR and the schools boards and schools is in the nature of a service, and not a license to use real property.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Revenue enter a final order rescinding the B03 assessment in its entirety. DONE AND ENTERED this 14th day of January, 2019, in Tallahassee, Leon County, Florida. S DARREN A. SCHWARTZ 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 14th day of January, 2019.
The Issue Whether Respondent, an assistant principal, committed the offense alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At all times material to this proceeding, Respondent held Florida Educator's Certificate No. 527473, covering the areas of English, Gifted, and Administration-Supervision. This certificate is valid through June 30, 2004. During the 2000-2001 school year, Respondent was an assistant principal at LCMS, the position she held at the time of the final hearing. James Cerra was the principal of LCMS during the 2000- 2001 school year. Prior to November 9, 2000, Respondent became aware that certain groups of students and parents were interested in purchasing tee shirts bearing the school's mascot. Respondent and Mr. Cerra discussed the proposed purchase and Respondent arranged for several vendors to submit proposals. Mr. Cerra told Respondent that money would have to be collected from students and parents before the tee shirts could be ordered so that the school would have the funds to pay for the tee shirts when they were delivered. On November 9, 2000, Respondent met with a representative of Stitch Imprint, the vendor that was selected to produce the tee shirts. On that date Respondent signed three separate forms for a total price of $10,418.36. Each form was styled "work order" and described the size and number of various tee shirts to be delivered. Each of the work orders provided for a delivery date in late November 2000. Each of the work orders contained the following caveat: This order covers special merchandise made for you and not carried in stock. It is not subject to cancellation, return or exchange. The balance is required C.O.D. or within 30 days of job completion. When she signed the work orders on November 9, 2000, Respondent was aware that Mr. Cerra had authorized the purchase of the tee shirts contingent upon there being sufficient funds collected to pay for the tee shirts, and Respondent knew or should have known that sufficient funds to pay for the tee shirts had not been collected. Respondent testified at the final hearing that she believed the forms she signed on November 9 only pertained to a work-up of the art that would appear on the various tee shirts and did not constitute firm orders for the tee shirts. Respondent's testimony in this regard is rejected because it is self-serving, uncorroborated, and contrary to the clear language of the three work orders she signed. The tee shirts were made and delivered to LCMS on December 18, 2000. Sufficient funds to pay for the tee shirts had not been collected. Consequently, LCMS could not pay for the tee shirts either upon delivery or within 30 days, as specified on the work orders executed November 9, 2000. An agreement was reached between LCMS and the vendor for payment in installments over a period of time. The vendor had been paid in full as of the time of the final hearing. Petitioner alleged in its Administrative Complaint that Respondent violated district purchasing policies by signing the three work orders. Ms. Robinson, the current principal of LCMS, testified that Respondent should have had Mr. Cerra sign a requisition form which would have been sent to a district office for the generation of a purchase order. Ms. Robinson testified that the tee shirts should have been purchased by use of a purchase order, not a work order. Respondent presented evidence that the use of a purchase order would have been optional under the circumstances of this case and that a work order could have been used. Because of that conflicting evidence, it is found that Petitioner failed to establish with any specificity that Respondent violated an established district rule or policy by utilizing the work order instead of a purchase order. Although the evidence was not clear that Respondent violated district purchasing policies, the evidence was clear that she failed to comply with Mr. Cerra's clear instructions as to how the procurement had to be handled. As a result of this procurement, the Miami-Dade County School District issued to Respondent a letter of reprimand and placed her on a Professional Development Program, which she completed. Petitioner presented insufficient evidence to establish that Respondent's effectiveness as an employee of the Miami-Dade County School had been impaired. To the contrary, there was credible evidence that her effectiveness had not been impaired. At the end of the 2000-2001 school year, Mr. Cerra gave Respondent a satisfactory evaluation on her job performance, and Ms. Robinson testified that Respondent's effectiveness as an assistant principal had not been impaired by the subject procurement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding Respondent not guilty of the charge alleged in the Administrative Complaint. DONE AND ENTERED this 22nd day of July, 2003, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 2003.
The Issue Whether Respondent committed the offense(s) charged in the Amended Administrative Complaint; and, if so, whether the two-day unpaid suspension imposed by Petitioner should be upheld.
Findings Of Fact The undersigned makes the following findings of relevant and material facts: Petitioner is the duly-constituted school board of Broward County, Florida. It is charged with the duty to provide a public education to the students of Broward County and to establish policies and programs consistent with state law and rules, necessary for the efficient operation and general improvement of the Broward County district school system. Respondent was employed by Petitioner as a physical education teacher at West Broward High School during the 2014- 2015 school year. March 19, 2015, Incident On March 19, 2015, Respondent was teaching a ninth-grade health and physical fitness class known as HOPE, during the seventh period of the school day. March 19, 2015, was the day before the students were going to be released for Spring Break. As was the common practice, many of the students in his class opted to attend a "pep rally" being conducted on campus, which began shortly after his HOPE class started. After the students departed for the "pep rally," approximately 12 students remained in the class under Respondent's supervision. The class remained in session, and Respondent showed the remaining class students an educational video. As the video played, the lights were dimmed. Respondent was at the front of the class sitting behind his desk in a chair that reclined. During the video, one of the students, J.R., observed Respondent leaning back, reclined in his chair with his eyes fully closed. Respondent's chair was turned partially away from the class. J.R.'s desk was approximately 15 to 20 feet from Respondent's desk. J.R. observed Respondent in this posture for close to ten minutes. At some point, J.R. got up from his desk and approached Respondent to hand in some paperwork. While standing directly in front of Respondent's desk, he took a photograph of Respondent in this posture. See Pet. Ex. 5. When J.R. approached Respondent's desk and stood in front of it, Respondent did not wake up, stir, or acknowledge J.R.'s presence or take the papers from him. Notably, J.R. heard Respondent lightly snoring during the time he was asleep.1/ J.R. shared this photograph with several friends on a social media site. One of his friends, J.L., who was also attending the same class, saved the photograph by taking a screen shot of it.2/ While all of this occurred, J.L. was sitting in close proximity to J.R. J.L. also noticed that Respondent was sleeping and reclined in his chair with his eyes closed. During the period of time that Respondent was in this posture and slumber, he was not properly attending to his duties as a teacher and was not properly supervising the students in his class. While it is not necessary to recount in detail, the record reflects that Respondent had been counseled, written up, or warned about not properly supervising or monitoring students in other classes during the years preceding this incident. These various memos and written or verbal warnings constituted sufficient directives or orders by supervisors, the violation(s) of which constituted insubordination. See generally Pet. Ex. 18, composed of multiple subparts and pages. Based on the persuasive and credible evidence, it should have been obvious to Respondent on March 19, 2015, that this type of conduct was strictly prohibited, in violation of School Board rules and regulations, and exposed him to progressively stricter discipline. Sometime later, J.L. met with the assistant principal, Richard Gonzalez, to complain about his grades in Respondent's class. It was during this meeting that Gonzalez was shown the picture that J.R. had taken on March 19, 2015. After conducting an investigation, Gonzalez and the principal, Teresa Hall, met with Respondent and his union representative during a pre-determination meeting to discuss the incident and provide Respondent with an opportunity to respond. Initially, and before being shown the picture, Respondent denied that he had been sleeping in the HOPE class. However, after being shown the picture, Petitioner's Exhibit 5, he asserted that the picture was not in a classroom. He went on to add that it "would not be like me to do that." He lamented that he was going through marital problems and was on medication. He told Hall and Gonzalez that he was embarrassed. Respondent cried during the meeting. He also told Hall and Gonzalez that he had never done this before and could not believe that it happened. He appeared very embarrassed. He told both of them, as he handed back the photograph, "I can't believe this happened." The undersigned concludes that despite the lack of a direct or forthright admission that he had been caught sleeping, Respondent acknowledged through his verbal and physical responses, demeanor, and body language that he had been inattentive, sleeping, and caught in this posture in violation of School Board rules and policies. Further, it is clear that Petitioner's Exhibits 5 and 6 alone show Respondent fully asleep and/or in a very deep state of slumber and clearly inattentive to his duties as a supervising teacher for the HOPE class on March 19, 2015. During the hearing, Respondent was questioned by his attorney about the picture that appeared to show that he was sleeping. He denied closing his eyes. He acknowledged that the picture was of him, but asserted, "I'm not sleeping." Rather, he deflected the point of the inquiry and stated "I've never slept, especially with students in class." Inexplicably, he left it at that and offered no credible explanation concerning what the picture showed or depicted. At some point after this incident, Respondent approached the school resource officer, John Sammarco. They discussed the photo of Respondent taken by J.R. which purportedly showed him sleeping. He asked the officer to talk to the student and have J.R. retract the photograph from the internet and write a statement saying that Respondent was not sleeping. Needless to say, Sammarco refused to assist Respondent in this manner and, instead, immediately reported this meeting to Hall and Gonzalez. Shortly thereafter, Respondent came back to the officer and apologized to him for "putting him [sic] in that position." March 30, 2015, Incident The school principal, Hall, was conducting a routine walk-through of the West Broward High School campus with her assistant principal, Gonzalez. As they passed Respondent's classroom, they noticed that the lights were dimmed. Interested to know what was happening, they entered the class room by using the back door. The classroom was dimly lit and full of students. They walked up the right side of the classroom along the wall from the rear of the classroom. Respondent was seated at his desk, turned away from the class, and facing more in the direction of the video screen that was located at the front of the class. Respondent was leaning back in a relaxed posture and had his cell phone in his hand. He was not facing the class or watching the students. From her vantage point, several feet behind and to the right of Respondent, Hall could see that Respondent was looking at pictures of females on his cell phone and scrolling through them with his finger. He would occasionally glance up at the video being shown on the screen and then glance back down at his cell phone. Hall stood quietly behind Respondent observing this activity for approximately one to two minutes. Respondent never acknowledged her presence, nor did he turn and notice that the school principal was in the room with Gonzalez. Gonzalez was slightly behind Hall. He could also tell that Respondent had his cell phone in his hand, but was not able to see what he was looking at. Nonetheless, Gonzalez confirmed that Respondent did not acknowledge their presence or even appear to know that they were in the classroom.3/ When asked during the administrative hearing about this particular incident, Respondent testified that he knew they were there but that he was not required to acknowledge their presence. He said he did look at his cell phone but does not recall what pictures he was looking at. The pictures may have been from Facebook or some other social media. When asked if it is appropriate to look at social media in a classroom of students, with the school's principal present, he stated that "I did it, but I didn't think nothing of it." Based on the more credible and persuasive evidence, the undersigned finds that Respondent was not aware that Hall and Gonzalez were in the room observing his actions, nor was he properly supervising his students during Hall's visit. Further, these separate incidents on March 19 and 30, 2015, constituted: (1) a lack of proper supervision of his classes; (2) willful neglect of his duties as a teacher; and (3) insubordination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Broward County School Board enter a final order imposing its intended penalty of a two-day, unpaid suspension. DONE AND ENTERED this 6th day of December, 2016, in Tallahassee, Leon County, Florida. S ROBERT L. KILBRIDE 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 6th day of December, 2016.
The Issue The issue in this case is whether Petitioner has just cause to suspend Respondent from work without pay and to terminate his employment.
Findings Of Fact Respondent Richard Rahey “Respondent" or "Mr. Rahey" was employed by the Palm Beach County School District "Petitioner" or the “District” as a school monitor and behavior intervention associate at Benoist Farms Elementary School (Benoist) during the 2008-2009 school year. He also served as a parent liaison and the President of the Parent Teacher Organization (the "PTO"). In January 2009, District Police began an investigation of bank accounts associated with Benoist when a check that was sent by an organization that subsidizes after school care was not received by the director of Benoist's after school program. Detective Robert Walton found that the check in the amount of $2,314.47 was deposited in an account at a different bank from the one used for Benoist school accounts. Only Mr. Rahey had access to the other account called the "Benoist Farms Elementary PTO" account (the "PTO account"). When asked about the check intended for the after school program, Mr. Rahey said he found it in his school mailbox, so he deposited it. Detective Walton had investigated Mr. Rahey for PTO bank account irregularities in 2005. At that time, Mr. Rahey was an employee and PTO President at Seminole Trails Elementary School ("Seminole Trails"). Although the evidence was insufficient to refer the matter for criminal prosecution, Mr. Rahey was found to have failed "to safeguard money designated for children." A letter of reprimand dated June 15, 2005, warned him as follows: You are directed to familiarize yourself with the established procedures and protocol for handling funds and deposits. You are further reminded that the district's best practices with regard to the collection and deposit of money must be followed. You are advised that any future failure to follow the aforementioned direction will result in further disciplinary action up to and including termination. Detective Walton had more reasons to investigate Mr. Rahey's finances further after finding in public records that Mr. Rahey's home was in foreclosure and that he had filed for bankruptcy. At Detective Walton's request, a subpoena was issued for records from the PTO account and from Mr. Rahey's personal bank account. A number of checks from the PTO account were written to Sam's Club, so Detective Walton requested and received an itemized printout of purchases made using a tax- exempt Benoist PTO Sam's Club membership. When Detective Walton examined the accounts and purchases, he found what appeared to be unauthorized and unexplained purchases, and checks made to cash that totaled in excess of $3,600.00 over a period of time from January 2008 to April 2009. When questioned in May 2009, Mr. Rahey told Detective Walton that he did not remember or was not sure about some of the purchases. He insisted, however, that they were legitimate expenditures for the school, but his records were insufficient to support his claims. Mr. Rahey only had his handwritten ledger to show the purposes of the expenditures. During the questioning, he also acknowledged that Detective Walton had told him in 2005 that the same kind of record-keeping was inadequate for a school organization. This time Detective Walton determined that there was sufficient evidence to refer the case for criminal prosecution.1 Dr. Ruth Ann Miller was the Principal at Benoist. Detective Walton questioned her about certain items, including a PTO account check written for a "microwave for Dr. Miller." Dr. Miller had not authorized Mr. Rahey to buy a microwave and did not have the microwave. When she confronted Mr. Rahey, he initially denied having used funds from the account for his personal use. The District provided Mr. Rahey a copy of the Detective Walton's investigative report and invited Mr. Rahey to attend a Pre-disciplinary Meeting that was held on October 2, 2009, which he did. At the meeting and during the hearing, Mr. Rahey admitted his mistakes, apologized, and blamed his actions on his difficult financial situation as a single parent whose former spouse had stopped paying child support. Superintendent Arthur C. Johnson, by letter dated February 12, 2010, notified Mr. Rahey that he would recommend to the Board at its meeting on March 3, 2010, that he be suspended without pay and that his employment be terminated. As grounds for his action, the Superintendent listed conversion of District funds and/or property, ethical misconduct, failure to exercise best professional judgment, failure to properly control District funds, falsification of documentation, and theft. The following specific policies and statutes were also cited: School Board Policies 1.013 - Responsibilities of School District Personnel and Staff; 2.32 - Personal Business on School Time; 2.16 - Fund Raising Activities by School; 3.27 - Suspension and Dismissal of Employees; and Florida Statutes Section 817.034(4)(a)3. - Organized Fraud; and Section 812.014 - Grand Theft. As a result of budget cuts at Benoist, Mr. Rahey transferred to Bear Lakes Middle School where he was employed as a school monitor until he was dismissed from employment in April 2010. He has continued to serve as a volunteer parent liaison and business partner coordinator at Bear Lakes Middle School where he has the full support of the principal, Dr. Anthony Lockhart. His effectiveness has been compromised. Dr. Lockhart, for example, monitors Mr. Rahey's activities to make sure that he does not handle any money. Although he has confessed to committing the violations of policy and the crimes as charged, Mr. Rahey maintains that his employment should not be terminated because he has done so many worthwhile things to assist the schools. He has increased the number of volunteers and business partners at Bear Lakes. He was instrumental in having one business partner donate $10,000.00 for computers. Over the ten years that he has worked for and volunteered in District schools, Mr. Rahey has received excellent evaluations. He has been volunteer of the year once and has been nominated employee of the year four times. Mr. Rahey helped solicit school supplies and uniforms for new students in the District who were evacuated from Haiti following the earthquake. He has received absolution from his church pastor.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board enter a final order that suspends Respondent from employment without pay and terminates his employment with the District. DONE AND ENTERED this 10th day of November, 2010, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER 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 10th day of November, 2010.
