Findings Of Fact The parties stipulated to certain facts in Case No. 76-2002 and they are adopted for the purposes of this proceeding, as follow: That the Certificate Holder received an undergraduate degree in accounting from the University of Cincinnati in August of 1968. That the Certificate Holder was employed by major CPA firms from August of 1968 to September of 1970 as an accountant; That the Certificate Holder passed the uniform CPA exam in California in 1969, and was granted CPA license by California upon completion of the necessary experience requirements in May of 1971; That the Certificate Holder attended law school at the Ohio State University from September, 1970 through December 1972. In December, 1972, he was awarded a Juris Doctor Degree from that institution; That prior to graduating from law school, the Certificate Holder made application to secure a position in accounting. He secured a Position with the certified public accounting firm of Arthur Young and Co. in Cincinnati, Ohio, which position commenced on January 1, 1973; That while employed as a certified public accountant by Arthur Young and Co., the Certificate Holder, in the summer of 1973, was offered a position with a certified public accounting firm in Miami, Florida; That in July, 1973, the Certificate Holder accepted that position with McClain and Co., CPA's, of Miami, Florida, which position was to begin in August, 1973; That during the summer of 1973, the Certificate Holder requested the Florida State Board of Accountancy to forward him an application to apply for a reciprocal CPA certificate and the Board responded that an application would not be sent to anyone who was not a resident of the State of Florida; That during the summer of 1973, the Certificate Holder made an application with the Florida Bar to become a member of the Florida Bar; That the Certificate Holder moved his family from Cincinnati, Ohio to Fort Lauderdale, Florida, in July, 1973, and began working on a full-time basis for the Florida CPA firm of McClain and Co. in August of 1973. At that time he again requested an application for a reciprocal CPA certificate; said application being received by the Certificate Holder in late September of 1973; That the Certificate Holder completed the application for a reciprocal CPA certificate and Submitted the same to the Florida State Board of Accountancy in October, 1973; That in November, 1973, the Certificate Holder took the Florida Bar examination in Tampa, Florida; That the Certificate Holder was admitted to the Florida Bar In December, 1973, and was granted a reciprocal CPA certificate by the Florida State Board of Accountancy in January, 1974; That the Certificate Holder was discharged by the Florida certified public accounting firm of McClain and Co. in May, 1974. That the Certificate Holder taught part-time in the Accounting Department of Florida International University beginning in January, 1974 thru 1976. After his discharge from the public accounting firm of McClain and Co., he continued at Florida International University on a substantially full-time basis thru the summer of 1974 and into the fall of 1974; That in August, 1974, the Certificate Holder opened an office for the practice of law in Fort Lauderdale, Florida, but this office was staffed only on a part-time basis as the Certificate Holder was devoting the great bulk of his time to his teaching activities at Florida International University in Miami, Florida; That in February, 1975, the Certificate Holder opened an office for the practice of law in Fort Lauderdale, Florida, (200 SE 6th Street, Suite 100- B), which office was from that time staffed on a full-time basis by the Certificate Holder; That since February, 1975, the Certificate Holder has been actively engaged in the full-time practice of law in the city of Fort Lauderdale, Florida; and That the Certificate Holder has been a resident of and domiciled in the State of Florida from August, 1973 thru and including the date of this Stipulation.
Findings Of Fact Gainesville Review of Issues and Trends for Self-Action, Inc. (GRITS or Respondent) conducts research under contract with the State of Florida, Department of Labor and Employment Security, Division of Employment and Training (Petitioner). GRITS original contract covered fiscal year (FY) 1980 (October 1, 1979 - September 30, 1980). It is now in its second contract year (October 1, 1980 - September 30, 1981). Funds are provided by the CETA program to the Governor of Florida who administers these funds through Petitioner. As a non-profit organization, GRITS is not required to pay social security taxes on its employees or deduct FICA from their pay. Rather, participation is optional. Petitioner provided this information to GRITS by letter dated January 17, 1979. No deductions from payroll were made during the FY 1980 contract year, nor did GRITS pay any funds to the Internal Revenue Service, which collects social security taxes. Throughout FY 1980 and the first two months of FY 1981, GRITS monthly reports of financial transactions (MRFT) required by the contracts showed FICA payments totalling $3,037.13 ($2,524.43 in FY 1980 and $512.70 in FY 1981). These payments had not, in fact, been made. Respondent's Executive Director, Jan McPherson, had transferred $1,209.92 of the purported FY 1980 FICA payments to a second checking account that was not disclosed to Petitioner, but was later discovered through an audit of cancelled checks. Ms. McPherson used this second account as a source of travel funds for three of her trips costing $577. She contends the trips were program related, but replaced the $577 after Petitioner's critical audit report. Use of these funds for travel was inconsistent with the stated purpose of the account, which was to hold FY 1980 FICA funds pending disposition, and because travel occurred in FY 1981. Further, the travel reports submitted covering these periods omitted any reference to the trips in question. Petitioner also points out that purchase of 300 checks for use in this second account was inconsistent with its stated purpose as an FICA holding account. However, 300 checks is a minimum purchase for a new account and Respondent was unaware of counter check arrangements which would have obviated the need for this large number of checks. Petitioner charges that a conflict of interest or apparent conflict of interest existed in the contract by which GRITS retained B & E Janitorial Services. The contract service began on December 1, 1979, while Mr. Don Ethridge, co-owner of B & E, was serving as Treasurer of GRITS and as a member of its board of directors. Although Mr. Ethridge subsequently resigned from GRITS and did not personally negotiate terms, the execution of this contract created a conflict of interest.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner decline renewal of its annual contract with Respondent. DONE AND ENTERED this 24th day of June, 1981 in Tallahassee, Leon County, Florida. R. T. CARPENTER, 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 24th day of June, 1981. COPIES FURNISHED: Sonja P. Mathews, Esquire Department of Labor and Employment Security Suite 117, Montgomery Bldg. 2562 Executive Center Circle, East Tallahassee, Florida 32301 Ms. Janice McPherson Executive Director Project SUCCESS 3432 North Main Street, Suite II Gainesville, Florida 32601
Conclusions This matter is before Florida Agricultural and Mechanical University Board of Trustees for final agency action. By letter dated August 8, 2011, Chanta Haywood, Petitioner, was notified by the University that her terminal leave payment would not be paid and that restitution in the amount of $5,315.72 was owed to the University. Pursuant to Sections 120.569 and 120.57(1), Florida Statutes, and Rule 28-106, Florida Administrative Code, Petitioner requested a disputed-fact hearing to protest the denial of terminal leave payment and restitution and the cause was referred to the Division of Administrative Hearings (DOAH) on or about October 4, 2011. The Administrative Law Judge assigned to review the matter scheduled a disputed-fact hearing for December 8, 2011. On or about December 6, 2011, Petitioner filed a Notice of Settlement with DOAH. By Order entered December 8, 2011, DOAH closed its file and relinquished jurisdiction to the University. Accordingly, it is hereby Ordered and Adjudged that terminal leave in the amount of $29,209.57 and $6,500.00 for attorney's fees due Petitioner in compliance with the Settlement Agreement, which is attached, has been satisfied by Respondent and further that the instant matter is closed. ORDERED and ADJUDGED this IT say of January, 2012. ge H. Ammons President Filed with the Agency this | ] day of January, 2012. ddar Abigaif V. Raddar Agency Clerk
Other Judicial Opinions Petitioner may seek judicial review of this Final Order pursuant to Florida Rule of Appellate Procedure 9.190, applicable to review of quasi-judicial decisions of an administrative body not subject to the Administrative Procedure Act, by filing a petition for certiorari review within thirty (30) days of the date this Final Order is filed with the Agency Clerk. Copy: Cynthia Hughes Harris, Provost and Vice President for Academic Affairs Nellie C. Woodruff, Assistant Vice President, Human Resources Claudia Llado, DOAH Clerk Avery D. McKnight, Esq. Bruce R. Meeks, Esq. Robert E. Larkin, Ill, Esq.
The Issue Whether petitioner should recover $735 allegedly disbursed by respondent under Contract 3-14.073-051 to one Kenneth L. Jenks?
Findings Of Fact Kenneth L. Jenks of Franklin County was enrolled in a CETA program administered by the Bay County School Board at some point during 1983.
Recommendation It is, accordingly RECOMMENDED: That petitioner abandon its efforts to recover from respondent any monies claimed under Contract No. 3-14.073-051. DONE and ENTERED this 7th day of June, 1984, in Tallahassee, Florida. ROBERT T. BENTON, II 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 7th day of June, 1984. COPIES FURNISHED: Lizanne Batey, Chief Bureau of Job Training Department of Labor & Employment Security Division of Labor, Employment & Training Tallahassee, Florida 32301 Hiram J. Spurling, Director Job Training Partnership Act Program Department of Education Division of Vocational Education Knott Building Tallahassee, Florida 32301 =================================================================
Findings Of Fact Joshua A. Freedman was issued a certificate in accounting from Temple University in 1945 (Exhibit 3). He attended evening classes at Temple during the periods 1937-1940 and 1944-1946. Transcript of Freedman's scholastic record at Temple University (Exhibit 1) shows he completed 56 semester hours during this period. The testimony of Dr. Laibstain (Exhibit 15) is that he completed 58 hours, includes 2 hours earned in 1965. Of the courses completed 26 semester hours were in accounting and 24 semester hours were classified as business courses. Requirements for a certificate in accounting are shown in Exhibit 23 to be completion of 12 one-year courses, or a total of 48 credits. The courses so outlined meet three evenings a week for four years but the time period may be altered if the student attends more or less classes than three evenings a week. A total of 124 semester hours is required by Temple University for a baccalaureate degree in accounting and the requirement has not been less than 120 semester hours since prior to Petitioner's matriculation. Petitioner was issued CPA Certificate Number 2872 on 4-26-50 after having successfully passed the AICPA examination in Pennsylvania with grades of 75 in Law (1947) and 69 in Practice (1949) Respondent stipulated that the only grounds for denying Petitioner's application for a reciprocal CPA certificate was his failure to complete the requirements for a baccalaureate degree and his failure to make a grade of at least 75 on the AI CPA examination- he took in 1949. With this stipulation the evidence regarding Petitioner's experience, professional qualifications and moral character become irrelevant to these proceedings. In 1949-1950 Florida required its applicants for CPA certification to pass examinations in subjects including Auditing, Commercial Law, Theory of Accounts and Accounting Practices with a minimum grade of 75 in each subject. Florida has always required a passing grade of not less than 75 on CPA examinations given. As a result of difficulties in obtaining information from certain states regarding the examinations and grades obtained for those seeking reciprocal CPA certificates in Florida, the Florida Board of Accountancy stopped accepting applications from applicants from these states for reciprocal CPA certification. This led to a meeting between the Pennsylvania Board and the Florida Board in 1974 at which the former agreed to provide all requested information to Florida and Florida agreed to accept the examination grades in which a mark of at least 75 was received as equivalent to the Florida examination even though the same subjects were not covered by the examination. Prior to 1969 the Florida Board of Accountancy had certain discretions in granting reciprocal CPA certificates. The statute was amended in 1969 by what is now Section 473.201 F.S.
The Issue The issue to be resolved in this proceeding concerns whether the Petitioner qualifies, pursuant to Section 212.08(7)(o)2.d., Florida Statutes, for a consumer's Certificate of Exemption as a state, district, or other governing or administrative office, the function of which is to assist or regulate the customary activities of educational organizations or members.
Findings Of Fact The Petitioner is a "not for profit" corporation that, for all relevant periods of time, has held an exemption from federal income tax as an educational institution pursuant to Section 501(c)(3) of the federal Internal Revenue Code. The purpose of the Society, the Petitioner, is to further the practice of the teaching of photography and to insure high standards in photographic education in the educational institutions in this country and in Florida, particularly post- secondary educational institutions. The Society has been provided facilities at the Daytona Beach Community College, including office space, telephones and facsimile lines. The community college provides publication and marketing services to the Society. There is no formal affiliation between the Society and any higher educational institutions. The community college provides these services to the Society in return for the prestige associated with its being home to the Society. The Society is not accredited as an educational institution in its own right. It is an educational organization consisting primarily of university, college and secondary school educators as members. Its purpose is to advance the field of photographic education and to assist its members in their collective interests and concerns as educators. The Society also assists colleges, universities, and other organizations in achieving their educational mission in terms of education in the field of photography. It therefore functions as an administrative office, " . . the function of which is to assist or regulate the customary activities of educational organizations and members." The Society's national office assists the customary activities of the regional organizations under its umbrella through management of their data bases in support of their regional publications and conferences. The dominant function of those conferences is to promote educational standards in photography and related fields. They are typically attended by graduate students and educators in the field of photographic education. Moreover, the Society's national office examines and approves regional budget funding proposals and disburses funds to regional organizations that are in accord with its national by-laws and policies, so as to provide appropriate control and regulation with regard to its educational mission. The treasurer of the Society for photographic education requires uniform accounting procedures for each of the regional treasury accounts. The Society is thus an umbrella organization for eight regional societies located throughout the country. The Society provides money to these regional organizations and the regions are required to prepare and submit financial statements to the Society. These regional societies operate pursuant to the national by-laws and their officers serve at the pleasure of the national organization. Annual national conferences are held as are regional conferences by the regional societies. Participants at these conferences are offered seminar level courses and workshops in different areas of photography, such as digital imaging. There is also typically a trade show at these conferences where corporations demonstrate new products in the field of photography. Most of the persons attending these conferences are either graduate students or faculty members of various educational institutions. While the Society does not provide educational credit to attend these, the programs at these conferences are educational in nature, designed to further the education of the attendees in the aspects of the field of photographic education. The Society does not regularly provide educational curricula to other organizations.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED: That the Department of Revenue enter a Final Order granting the consumer Certificate of Exemption applied for by the Petitioner. DONE AND ENTERED this 7th day of July, 1998, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 Filed with the Clerk of the Division of Administrative Hearings this 7th day of July, 1998. COPIES FURNISHED: Kevin O'Donnell, Esquire Department of Revenue Post Office Box 6668 Tallahassee, Florida 32314-6668 James J. Murphy, Executive Director Society for Photographic Education Post Office Box 2811 Daytona Beach, Florida 32120-2811 Linda Lettera, Esquire Department of Revenue 204 Carson Building Tallahassee, Florida 32399-0100 Larry Fuchs, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100
The Issue Whether Respondent, Uceda School of Orlando, Inc. (Uceda Orlando), discriminated against Petitioner, Matalyn Johnson (Ms. Johnson), based on her race and disability when it failed to hire her. The specific issue to be determined is whether Uceda Orlando was an “employer” under the Florida Civil Rights Act of 1992, chapter 760, Florida Statutes (2020) (FCRA).1
Findings Of Fact Ms. Johnson is an African-American female who has a speech impediment caused by a stroke and/or cancer. She applied for an ESL teaching position at a school located on Kirkman Road in Orlando, Florida.3 Uceda Orlando operates a school located at 5425 South Semoran Boulevard in Orlando, Florida. Uceda Orlando was incorporated in 2003. Juan Uceda (Mr. Uceda) is the registered agent and at all relevant times was the president and director of Uceda Orlando. Uceda OBT operates at least two schools located in Orlando, Florida: (1) at 12934 Deertrace Avenue, Suite B; and (2) at 4586 South Kirkman Road (Uceda Kirkman). Uceda OBT was incorporated in 2010. Charo Uceda (Ms. Uceda) is the registered agent and president of Uceda OBT. ESL TEACHER POSITION Angel Rodriguez was a teacher who worked at Uceda Kirkman from April 2019 to February 2020. For the time relevant to these proceedings, Mr. Rodriguez was supervised by Ricardo Sanchez. According to Mr. Sanchez's W-2 forms, he was paid by "Uceda School of Orlando – OBT, Inc." Mr. Sanchez, who interviewed Ms. Johnson and made the decision not to hire her, was employed by Uceda OBT. In November 2019, Mr. Rodriguez submitted his resignation letter to Uceda Kirkman.4 Mr. Sanchez asked Mr. Rodriguez if he knew of anyone who could teach ESL in his place. Mr. Rodriguez suggested Ms. Johnson for the position. 3 "ESL" stands for "English as a second language." 4 Mr. Rodriguez continued to work as a substitute teacher at Uceda Kirkman after he resigned. Mr. Rodriguez worked with Ms. Johnson at an Orange County public middle school. He told Ms. Johnson about the ESL position he was vacating at Uceda Kirkman and encouraged her to apply. Ms. Johnson applied for the ESL position. Based on the overwhelming evidence at the hearing, it is clear that Ms. Johnson applied for Mr. Rodriguez's vacant position with Uceda Kirkman (operated by Uceda OBT) and not for a position with a school operated by Uceda Orlando. Ms. Johnson is a public middle school teacher in Orange County. She has a bachelor's degree in English with a minor in Spanish. She is certified to teach ESL classes to students in sixth through twelfth grades. Although Ms. Johnson's application was not entered into evidence, her unrebutted testimony and the testimony from Mr. Rodriguez established that she was qualified for the ESL position. Ms. Johnson interviewed for the position with Mr. Sanchez. She later heard from Mr. Sanchez that she did not get the position. On January 13, 2020, Ms. Johnson received an official notification that she had not been selected for the ESL position. The email was from "Uceda School of Orlando-Kirkman," and stated in relevant part: Subject: Application for ESL Teacher at Uceda School of Orlando-Kirkman Thank you for applying to the ESL Teacher position at Uceda School of Orlando-Kirkman. Unfortunately, Uceda School of Orlando-Kirkman has moved to the next step in their hiring process, and your application was not selected at this time. INTERRELATION OF INDIVIDUAL UCEDA SCHOOLS Mr. Uceda is the father of Ms. Uceda and Doris Uceda. Together the three co-founded the Uceda English Institute (UEI) in the 1980s, which is a chain of federally-accredited ESL schools. There are numerous locations or branches of UEI in Florida, Nevada, New Jersey, and New York. Each UEI school is separately owned and incorporated, and each is overseen by different administrators. The schools that were discussed at the hearing were owned by Mr. Uceda's family members, including his daughters and grandchildren. Ms. Uceda testified that she currently owns and operates Uceda OBT, which has two campuses: the Deertrace campus and Uceda Kirkman. Ms. Uceda also either has a financial interest or is on the board of UEI schools located in Boca Raton, Florida; Westin, Florida; and Elizabeth, New Jersey. Ms. Uceda has 100% ownership interest in Uceda OBT and is the only officer of Uceda OBT. She does not have any ownership interest nor does she serve in any capacity with Uceda Orlando. Mr. Uceda has no ownership interest in and does not serve in any capacity with Uceda OBT. Although Mr. Rodriguez believed that all "Uceda schools" were owned "by the same people," there was no evidence of this at the hearing. When asked what entity paid his salary, Mr. Rodriguez did not know. He testified that he thought all "Uceda schools" shared employees and students. However, he could not provide any examples and admitted that he only worked at Uceda Kirkman. Ms. Uceda convincingly testified that employees who work at one Uceda school can apply to work at another Uceda school, but they are paid separately and not allowed to just move back and forth. She also explained that Uceda OBT and Uceda Orlando have separate accounting records, bank accounts, lines of credit, payroll preparation, telephones, and offices. They do not share employees or administrators. According to the corporate documents introduced at the hearing, Uceda OBT and Uceda Orlando have different operating addresses, different registered agents, and different officers and directors. Although Ms. Uceda was listed as an officer of Uceda Orlando in the past, she has not served in any capacity at Uceda Orlando since 2013.
Conclusions For Petitioner: Ka'Juel Washington, Esquire The Washington Trial Group, PLLC 37 North Orange Avenue, Suite 500 Orlando, Florida 32801 For Respondent: Chris Kleppin, Esquire The Kleppin Law Firm 8751 West Broward Boulevard, Suite 105 Plantation, Florida 33324
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing the Petition for Relief filed by Matalyn Johnson against Uceda School of Orlando, Inc. DONE AND ENTERED this 2nd day of September, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: S HETAL DESAI Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of September, 2021. Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 Ka'Juel Washington, Esquire The Washington Trial Group, PLLC 37 North Orange Avenue, Suite 500 Orlando, Florida 32801 Chris Kleppin, Esquire The Kleppin Law Firm 8751 West Broward Boulevard, Suite 105 Plantation, Florida 33324 Stanley Gorsica, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020
The Issue Whether the dismissal of Respondent for exceeding her authority, as delineated in the May 13, 2005, Notice of Dismissal from Employment, was proper and should be upheld.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Respondent, Janice Costin, was an employee of Florida A and M University (FAMU) at the College of Law in Orlando from December 2002 until discharged in May 2005. She is an administrative and professional employee with the title of coordinator of computer applications (director information technology). She is a ten-year university employee. Immediately prior to accepting the position in Orlando, Respondent had worked in Planning and Analysis, part of the Information Technology Services Department at FAMU's Tallahassee campus, where she was responsible for procurement of hardware and software. As a result of her job responsibilities, she was intimately aware of the specific procedural requirements for the procurement of technology-related hardware and software. FAMU has a "secure" computer network among its main campus in Tallahassee and six remote campuses, including the College of Law in Orlando. The "secure" link between campuses utilizes "firewalls" at each end and encryption to ensure that valid information is transmitted. Internet communications are encrypted or "scrambled" at the firewall of the originating location and then "unscrambled" at the receiving location firewall, utilizing mathematical algorithms. For security reasons, only three FAMU employees have access to the encryption model. Respondent did not have access to the encryption model. Petitioner, FAMU Board of Trustees, has published specific policies and procedures for the effective operation of the university. Since 1994, it has been university policy that . . . written approval must be secured from the Florida A&M University Information Resource Manager before expenditure of any campus resource toward the planning of a computer network. In addition to the written authorization to plan a network, all planning, acquisitions, installations, implementations or revisions must be done in conjunction with the Information Resource Manager. (Emphasis is in original document.) Respondent was aware that (as delineated in her job description) she "received direction on technology systems planning from the FAMU Chief Information Officer and all plans for technology systems at the College of Law are subject to the approval of that officer." Dr. Kenneth Perry, a FAMU employee, is chief information officer and information resource manager and is officed in Tallahassee. Respondent reports to Dr. Perry for her technology duties. Administratively, her job description advises that Respondent "reports directly to the Associate Dean for Administration and Student Services [Dr. Ruth Witherspoon]." In September 2004, incidental to hurricane-related internet service disruptions, the College of Law experienced internet access problems between the College of Law and the Tallahassee campus. "Trouble-shooting" attributed this to the firewall at the College of Law. At the direction of Percy Luney, dean of the College of Law, Petitioner implemented the replacement of the existing Nokia firewall with an Enterasys firewall at the College of Law. Dr. Perry did not approve changing the firewall as required by published university policy. Dr. Witherspoon, Respondent's administrative supervisor at the College of Law, did not testify, but she authored a Memorandum dated October 17, 2005, admitted into evidence as Petitioner's Exhibit 11, which states: "I was not the one who directed Ms. Costin to host a website, install a firewall, or post advertisements on the website." The same exhibit/letter states: Dean Luney directed Ms. Costin to acquire a separate server for the law school and to make certain that the server was protected and secure from outside "hackers." At the direction of Dean Luney, I did make arrangements, . . . , for Ms. Costin to purchase equipment to install a firewall on the new server. . . . Respondent's Exhibit 1-A, a memorandum dated September 14, 2004, from Respondent to the Enterasys vendor, via Dean Luney (whose initials are handwritten on the document), states, in pertinent part: "we would like to move forward with the 60 day evaluation of firewall equipment that will allow us to test for performance and security measures in our current facility." Sometime after the "60 day evaluation period" referenced in paragraph 13, supra, in May 2005, when it became apparent that the Enterasys firewall was at risk of being removed by the vendor for lack of payment, Dr. Perry approved payment after receiving a request to do so from Dean Luney. Had he not, and the firewall been removed, the security of the internet system would have been compromised. No evidence was presented to the effect that the university internet system had been compromised or breached, or that the university suffered any actual damage as a result of the installation of the Enterasys firewall. When Respondent assumed her duties at the College of Law, it had an existing ".edu" (FAMU.edu/law) website or webpage. The College of Law experienced difficulty having timely information posted on the ".edu" website. New information had to be routed through the Tallahassee webmaster. In some instances, it took several months for "new" information the be posted on the ".edu" website. In February 2005, Respondent created a ".com" (FAMUlaw.com) website with the assistance of others in the Information Technology Services Department. She did not have the approval of Dr. Perry as required by published university policy. The website designation ".edu" is reserved for educational institutions; the website designation ".com" is typically for entities pursuing commercial endeavors. The FAMU Department of Athletics has a ".com" website; the FAMU Department of Architecture has a ".net" website. The FAMUlaw.com website had a section that consisted of Dell and Gateway logos and "links" to vendor websites that featured "Dell Computer Student Specials," "Gateway Desktop Student Specials," and "Gateway Laptop Student Specials." The same or similar commercial "links" had appeared on the ".edu" website. Dr. Perry believed that Respondent's unauthorized firewall installation placed the security of the FAMU web network at risk; he believed that Respondent's unauthorized creation of a ".com" website reflected poorly on the university as an educational institution. While Dr. Perry expressed concern regarding the security of the FAMU internet network, there is no evidence that anyone "hacked" into the network while the Enterasys firewall was in place, and the change in firewalls was not known by Information Technology Services Department in Tallahassee. No evidence was presented that Respondent had ever received a negative job-performance evaluation during her tenure with the university. Respondent did not receive a performance evaluation of any kind while she was employed at the College of Law. Respondent's first documented indication of dissatisfaction with her job performance came in the form of an e-mail from Dr. Perry date/timed "5/9/2005 5:15 PM," raising the following questions: Why have you created a .com website for the FAMU Law School? Why did you go around me and the Office of Information Technology Services to get the links to that website from the FAMU homepage? (I have removed the links to that website). Why are you spending state money for a .com website? Why does the www.famu-law.com Information Technology web page contain commercials for Dell and Gateway? Why are you spending state money to advertise for Dell and Gateway? Respondent provided a courteous, reasoned reply to Dr. Perry's e-mail inquiry the following day (5/10/2005). Respondent's dismissal letter was dated May 13, 2005. Respondent's job description succinctly states that her "primary function" is to "interact with the College of Law administrative and academic personnel in developing, maintaining, and updating computer application/systems that will enhance the productivity of the College of Law end-user." In addition, she was "responsible for planning for the security of the College of Law technology systems along with the Chief Information Officer [Dr. Perry] . . ." Respondent's job description further states: while reporting "directly to the Associate Dean for Administration and Student Services [Dr. Witherspoon]," in Orlando, Respondent was to "receive direction on technology systems planning from the FAMU Chief Information Officer [Dr. Perry]," in Tallahassee. She was to "be self-directed, and . . . work independently, following general policy discussions." Notwithstanding Respondent's job description, Dean Luney directed Respondent's assignments and activities on projects related to the development of technology at the law school. According to her job description, her "performance will be evaluated on a periodic review of results obtained." As mentioned hereinabove, Respondent did not receive a performance evaluation during the three years she was employed at the College of Law. While tasked with the responsibility of seeking direction and approval for technology systems and systems planning from Dr. Perry, Respondent did not. On those occasions when she did seek support, she received little support from him or others in the Information Technology Services Department in Tallahassee.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's dismissal from employment with the university was not supported by the evidence and that she should be reinstated with full pay. DONE AND ENTERED this 14th day of September, 2006, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 14th day of September, 2006. COPIES FURNISHED: David C. Self, II, Esquire Shira R. Thomas, Esquire Florida Agricultural and Mechanical University Office of the General Counsel Lee Hall, Suite 300 Tallahassee, Florida 32307 Thomas Peter Hockman, Esquire Hockman, Hockman & Hockman 2670 West Fairbanks Avenue Winter Park, Florida 32789 Daniel J. Woodring, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Honorable John Winn Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether petitioner should recover $2,335 allegedly disbursed by respondent under Contract No. 3-11-038-005-005 to one Kenneth L. Jenks?
Recommendation It is, accordingly, RECOMMENDED that petitioner abandon its efforts to recover from respondent any monies claimed under Contract No. 2-11-038-005-005. DONE AND ENTERED this 8th day of June 1984 in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of June 1984. COPIES FURNISHED: Lizanne Batey, Chief Bureau of Job Training Dept. of Labor & Employment Security Division of Labor, Employment & Training Tallahassee, Florida 32301 Charles Pettis, JTPA Coordinator Bay County School Board 3016 Highway 77 Panama City, Florida 32405 =================================================================
