Findings Of Fact The Petitioner, Ida L. Salz, began her employment as a classroom teacher in 1942 with the Central Institute for the Deaf in St. Louis, Missouri. The Central Institute for the Deaf is a private, non-profit agency and has been such ever since its beginning in 1914. Mrs. Salz worked for the institute as a classroom teacher for eight (8) years. She moved to Florida in 1954 and began employment with the public schools in January, 1955, at which time she also became a member of the Teachers' Retirement System. When she started her employment with the Dade County School System, she completed an enrollment application form which is required of all teachers in the public school systems of Florida. The purpose of the enrollment form was to identify the member, to provide beneficiary designation, to establish the beginning date of employment and the beginning date of membership in the Teachers' Retirement System. In 1966, she inquired of the (then) Teachers' Retirement System regarding her right to purchase credit for the eight (8) years of out-of-state teaching service from Missouri. She was informed shortly thereafter by the Teachers' Retirement System (Mr. B. M. Kelley) that she would be allowed to purchase eight (8) years of credit for hem Missouri teaching time. The Petitioner received a letter from Mr. B. M. Kelley employed by the Respondent, in September 2, 1966, stating that she could make periodic personal remittances to the Teachers' Retirement System in any amount she desired. She made periodic payments to the Teachers' Retirement System and on November 28, 1977, made the final payment of the amount due to the Teachers' Retirement System representing the eight (8) years prior service credit which she was purchasing. The Petitioner retired on June 15, 1981. She thereupon made application to the Respondent for retirement benefits. The Petitioner is sixty- four (64) years of age and has been a classroom teacher since 1942. The Petitioner's husband had previously retired on April 1, 1979,and is now sixty- seven (67) years old. The Petitioner's and her husband's retirement plans were based upon their belief that her retirement benefits would be computed based upon credit for the eight (8) years out-of-state Missouri service. The Petitioner would not have retired in July of 1981 had she not been in the belief, since 1966, that she would receive credit for her eight (8) years of out-of-state service. She relied on the Division of Retirement's representation in 1966 that she would have credit for those eight (8) years out-of-state service and had computed her expected retirement benefits and personal budget based on this information. Had the Petitioner known that after her retirement benefits resulting from the eight (8) years out-of-state service would be denied, she would not have retired, since the income so generated is insufficient to adequately support her and her husband. Upon receipt of the Petitioner's retirement application by the Division, the Bureau of Retirement Calculation reviewed the Petitioner's file for compliance with the statute and appropriate rules and regulations. It determined that the eight (8) years out-of-state service was not creditable because it was in a private school. The Respondent took the position that the so-called approval given the Petitioner in 1966 to purchase the service time related to her private school teaching was a "clerical error or a oversight" by the division. In a letter of August 3, 1981, Mr. A. J. McMullian, III, Director of the division, advised the Petitioner that the out-of-state service had been erroneously allowed to her, that the contribution she had paid for it would be returned, and that she would not get retirement credit for those eight (8) years. The personnel of the Teachers' Retirement System (later the Division of Retirement) are unilaterally responsible for the investigation in 1966, which led to their determination at that time that the Petitioner was entitled to the eight (8) years out- of-state service. The Petitioner had no influence in making this determination, but has relied on it in making her retirement plans during the years from 1966 through 1981. Sometime after the Petitioner started employment in the Dade County School System, the Division of Retirements' sent a form. to the Central Institute for the Deaf in St. Louis and, either personnel of that institute or of `a state agency of Missouri, completed the form and returned it to the Division of Retirement. The form certifies that the Petitioner was employed in the school, Central Institute for the Deaf in St. Louis, Missouri, from September 1, 1940 to June, 1948. The word in the form, "public", which appears before "schools" on the form was crossed out by either the Central Institute personnel or an employee of the Missouri State Government who completed the form. Thus, the Respondent's official who read the form and made the decision that the Petitioner was entitled to eight (8) years of out-of-state service was on notice that the out-of-state service was performed at a private institution rather than a public school. The parties stipulated that the Central Institute for the Deaf in St. Louis, Missouri, is a private, non-profit school and not a public school and that their interpretation of the statute quoted below is that out-of-state service in private schools is not creditable. The Petitioner contends, however, that inasmuch as the Petitioner relied, from 1966 through 1981, upon the representation made to her in 1966 that she would be allowed credit for the eight (8) years out-of-state service and planned her retirement and budgeted her retirement income accordingly, that the State Division of Retirement is now estopped to deny her benefits based upon those eight (8) years out-of-state service.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the pleadings and arguments of the parties, the candor and demeanor of the witnesses and the evidence in the record, it is RECOMMENDED: That the Respondent, the Division of Retirement, issue a Final Order finding that the Petitioner be allowed credit for her out-of-state teaching service, and recompute her retirement benefits from the date of her retirement, allowing her such credit. DONE and ENTERED this 11th day of June, 1982 at Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of June, 1982. COPIES FURNISHED: William DuFresne, Esquire Suite 1782, One Biscayne Tower Two South Biscayne Boulevard Miami, Florida 33131 Stanley M. Danek, Esquire Division Attorney Division of Retirement Cedars Executive Center 2639 North Monroe Street Suite 207C-Box 81 Tallahassee, Florida 32303 Andrew J. McMullian, III, Director Division of Retirement Building C Cedars Executive Center Tallahassee, Florida 32303 Nevin G. Smith, Secretary Department of Administration The Carl ton Building Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DEPARTMENT OF ADMINISTRATION DIVISION OF RETIREMENT IDA L. SALZ, Petitioner, vs. CASE NO. 81-2487 DEPARTMENT OF ADMINISTRATION DIVISION OF RETIREMENT, Respondent. /
The Issue At issue is whether Respondent committed the offenses set forth in the Administrative Complaint dated April 4, 2000, and if so, what disciplinary action should be taken.
Findings Of Fact 1. Parker has been employed by St. Lucie on its administrative staff since 1991. 2. Parker received her undergraduate degree from Bethune- Cookman, and holds a master's degree from the University of Illinois. 3. Parker holds a Florida Educator's Certificate in guidance and counseling and psychology, which is valid through June 30, 2001. 4. At all times material to this case, Parker served as St. Lucie's Coordinator of Professional Training/Human Relations Specialist, and performed her duties in a satisfactory manner. 5. The events giving rise to this case began on or about February 7, 1997, when Parker submitted an administrative application packet (1997 application) for the position of Director of Human Relations and Professional Standards. One page of the 1997 application states that her highest degree attained is a doctorate. This page was signed by Parker. 6. St Lucie employees who hold a terminal degree may be eligible for a salary supplement in recognition of this significant professional credential. 7. Parker's 1997 application caused St. Lucie personnel administrators to become concerned that Parker was not receiving the appropriate salary supplement and asked her to provide official transcripts to document the doctorate she claimed to have. 8. Parker never responded to the request that she document her advanced degree. 9. St Lucie administrators contacted the schools listed on her résumé in an independent effort to verify that Parker did in fact hold a doctorate. The effort to corroborate the existence of an earned doctorate was unsuccessful. 10. Meanwhile, Parker continued to ignore repeated requests by St. Lucie administrators that she furnish evidence of the claimed doctorate. 11. Thereafter, Parker withdrew her 1997 application for the human relations position. 12. Included in Parker's 1997 application was her two-page résumé. 13. The résumé stated that Parker received a Bachelor of Science from Bethune-Cookman College in Psychology; a Master of Science in Educational Leadership, Administration and Supervision [sic] from the University of Miami; a Ph.D. from the University of Miami in Counseling Psychology [sic]; and an Ed.D. from Nova Southeastern University in Early and Middle Childhood [sic]. 14. With the exception of Bethune-Cookman, Parker had not received degrees from any of these institutions. 15. The résumé further stated that "transcripts for undergraduate education and doctoral degree were on file with personnel and were not included based on the requirements for this position." 16. Parker's personnel file did not contain transcripts reflecting a doctoral degree and could not have contained such transcripts because she did not, in fact, possess a doctorate. 17. Parker claims that the résumé, to the extent it represented that she held degrees other than the one conferred by Bethune Cookman, is a forgery and was not submitted by her in connection with the 1997 application, nor at any other time. 18. This claim conflicts with the testimony of St. Lucie employees who testified to their clear and independent recollection that the challenged résumé is in fact the résumé submitted by Parker in connection with her 1997 application. 19. Parker's testimony to the contrary is rejected. She asserted, without proof of any kind, that St Lucie's employees were conspiring to discredit her. This assertion is unpersuasive. St. Lucie's witnesses appeared straightforward in their demeanor under oath. Cross-examination failed to reveal any hidden agendas or animus toward Parker. 20. Parker, by contrast, undermined her credibility as to disputed factual matters by her failure to even attempt to explain, let alone express remorse, for numerous undisputed instances in which she allowed colleagues and the public to be misled as to her educational background. 21. For example, Parker did not dispute the authenticity of other portions of the 1997 application, including performance summaries, which were signed by her and which referenced her as "Dr. Vanessa Parker." 22. The 1997 application also included four letters of recommendation, each of which referred to her as "Dr. Parker" or "Dr. Vanessa Parker." 23. Parker's job duties included supervising the content and distribution of St. Lucie in-house training and informational publications including "TIPS" and "Lucy News." On various occasions, these publications contained references to Parker as "Dr. Parker" or "Dr. Vanessa Parker." 24. Parker attempted to disclaim responsibility for these references by stating that she did not personally perform the physical labor of typing copy, formatting templates, and running the printing press for these publications. However, Parker does not deny she was responsible for the entire content of these publications. 25. The evidence further established, and Parker did not dispute, that she sent and received correspondence via the School Board's in-house e-mail system in which she was referred to as "Dr. Vanessa Parker." 26. The Commissioner attempted to prove that Parker displayed School Board business cards which identified her as "Vanessa A. Parker, Ph.D." 27. The Commissioner's evidence on this point consisted of a business card which purported to be Parker's but which Parker denied was hers. The Commissioner elicited testimony from other School Board employees to the effect that administrators could design their own business cards. However, no School Board witness purported to have any personal knowledge of whether Parker did in fact request or receive a business card. No witness claimed to have received, from Parker or any other source, a St. Lucie business card purporting to be hers. Accordingly, the Commissioner's claim that Parker violated rules cited in the Administrative Complaint by carrying or distributing a false or misleading business card is rejected. 28. Throughout these proceedings, Parker claimed that she did in fact receive a doctorate from an institution which she variously referred to as "American International University" or the "American Campus of International University." 29. Apart from her own uncorroborated testimony, there was no evidence that an institution by either name exists. 30. Parker admits that such an institution, if it does exist, is not accredited and is therefore not authorized to confer degrees recognized by the State of Florida. 31. At all times relevant to this case, Parker had no factual basis upon which to refer to herself as having an earned doctorate, nor to allow others to so refer to her.
Conclusions For Petitioner: Lisa A. Griffin, Esquire Broad and Cassel 100 North Tampa Street, Suite 3500 Tampa, Florida 33602 For Respondent: Arthur B. Brandt, Esquire Law Office of Arthur Brandt 4400 PGA Boulevard, Suite 700 Palm Beach Gardens, Florida 33410
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Parker's Educator's Certificate be permanently revoked. 13 DONE AND ENTERED this aut raay of June, 2001, in Tallahassee, Leon County, Florida. Sra ck lon. FLORENCE SNYDER AIV. 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 2k day of June, 2001. COPIES FURNISHED: Lisa A. Griffin, Esquire Broad and Cassel 100 North Tampa Street, Suite 3500 Tampa, Florida 33602 Arthur B. Brandt, Esquire Law Office of Arthur Brandt 4400 PGA Boulevard, Suite 700 Palm Beach Gardens, Florida 33410 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry W. Whittier, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 James A. Robinson, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 14
Findings Of Fact Petitioner, Ben L. Bryan, Jr., has been a member of the Florida Bar since 1962 and has continually engaged in the private practice of law in Fort Pierce since 1965. His offices are located at 101 1/2 South Second Street, Fort Pierce, Florida. In January, 1971, Petitioner was retained by the St. Lucie County School Hoard to represent it in the capacity of school board attorney. He remained in that position until October, 1974. During that period of time he was a member in good standing of the Florida Retirement System (FRS) and made the required contributions into the program. Bryan was credited with 3.83 years of service credit for that period. Since January 1, 1980, Petitioner has been retained by the St. Lucie County School Board as its attorney under a succession of written agreements which are substantially similar in form. He also re-enrolled as a participant in the FRS and began making the necessary contributions to the plan. On October 4, 1982, Respondent, Department of Administration, Division of Retirement, advised Petitioner by letter that because he failed to comply with current FRS membership requirements, he was being removed from FRS membership effective January 1, 1980. The letter prompted the instant proceeding. Under the written agreements of employment, Petitioner is generally responsible for the handling of all legal matters of the school board. He devotes approximately thirty to forty hours per month to school board work while the remainder of his time is spent in his private law practice. A part of the school board work is performed at its administrative offices; however, the majority is done at Petitioner's law office. He is paid from a regular salaries and wage account. Either the superintendent or the board controls Petitioner's hours by assignment of the work to be done, including requests for advice, research and opinions. The board determines which cases will be settled, defended or appealed. Bryan is required to accept any case or matter assigned, and does not reject assignments. He is furnished the Education Law Reporter and other materials, including stationery and envelopes, by the school board. Additionally, dues are paid to various professional associations on his behalf. Bryan receives no pay for vacations, holidays or illnesses. He is, however, reimbursed for traveling expenses, and is covered by the school's health and life insurance and workers' compensation.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the petition of Ben L. Bryan, Jr., be DENIED. DONE and RECOMMENDED this 5th day of April, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1983. COPIES FURNISHED: Ben L. Bryan, Jr., Esquire Post Office Box 3230 Fort Pierce, Florida 33454 Augustus D. Aikens, Jr., Esquire Cedars Executive Center 2639 North Monroe Street Suite 207C, Box 81 Tallahassee, Florida 32303 Nevin G. Smith, Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32301
