The Issue Whether the non-renewal of Petitioner's annual employment contract as a school bus driver at the end of the 1993-94 school year was due to discrimination against her, on the basis of her race (African American) or disability (depression), in violation of Section 760.10(1)(a), Florida Statutes (1995).
Findings Of Fact Respondent is an employer as that term is defined under the Florida Civil Rights Act of 1992. Petitioner was employed by Respondent as a school bus driver from October 17, 1983, until June 8, 1994, when her annual employment contract was not renewed. Throughout her employment, Petitioner exhibited problems with tardiness and excessive absenteeism. Her performance appraisals noted that her attendance with either unsatisfactory or needed improvement. In 1990, Petitioner had 13 occurrences of absenteeism or tardiness. In 1991, Petitioner had 11 occurrences of absenteeism or tardiness. In 1992, she was given an evaluation of "Unsatisfactory" and placed on notice for possible non-reappointment. As of April 1993, Petitioner had 17 occurrences of absenteeism and tardiness and was advised by the Director of Transportation that continued excessive absenteeism might affect her chances of continued employment. On May 13, 1993, Joseph Wise (Wise), Director of Transportation, advised Petitioner that he recommended to Paul J. Hagerty, Superintendent (Superintendent), that Petitioner be suspended without pay for being tardy on August 24, 1992, September 3, 1992, September 11, 1992, and May 13, 1993. After a fourth offense, as provided in Article VIII, Section 15, "Tardiness" in the official Agreement between the School Board and the Seminole County School Board Bus Driver's Association, suspension is the authorized disciplinary punishment. On May 17, 1993, the Superintendent informed Petitioner that he would act upon the Acting Director's recommendation and recommend to the School Board that Petitioner be suspended for one day, effective September 1, 1993. The Superintendent also advised Petitioner of her right to an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes, if she disputed the claim that she violated the tardy policy. The School Board approved Petitioner's suspension on June 15, 1993. On September 23, 1993, a conference was held with Petitioner and the Director of Transportation Services regarding Petitioner's absences on August 26, 1993, September 3, 1993, and September 15, 1993. Also discussed were Petitioner's tardiness on July 22, 1993, August 23, 1993, and August 24, 1993. Subsequent to the conference, the Director of Transportation Services wrote a letter of directive of Petitioner stating that he expected her regular attendance at work and that, for the remainder of the 1993-94 school year, Petitioner was directed to submit a doctor's statement and/or written explanation of the nature of any absence. Petitioner was also advised that failure to follow the directive or failure to achieve regular attendance at work could lead to further disciplinary action, including termination of employment. Petitioner was absent on October 28, 1993, November 9, 1993, November 16, 1993, and December 17, 1993. Petitioner was absent from work on January 3, 1994, to see her dentist. The dentist gave her a few days' worth of medication for dental pain. Petitioner's boyfriend was killed on or about January 7 or 8, 1994. She took a leave of absence from January 10, 1994, until January 30, 1994. On February 15, 1994, Julie Green, Area Supervisor, recommended to the Superintendent that Petitioner be suspended without pay for one day for having been absent without leave on February 15, 1994. Petitioner was tardy on February 24, 1994. On February 28, 1994, the Superintendent informed Petitioner that he intended to act upon Green's prior recommendation and recommended to the School Board that Petitioner be suspended without pay, effective April 6, 1994. The Superintendent also advised Petitioner of her right to an evidentiary hearing pursuant to Section 120.57(1), Florida Statutes, if she disputed that she was absent without approved leave. The School Board approved Petitioner's suspension on March 2, 1994. Petitioner had a doctor's excuse for being absent on March 17, 1994. The doctor's note states that she is able to return to work. Petitioner had an absence excuse from her dentist for April 8, 1994. She had to take medication for dental pain for a few days. On April 6, 1994, the five area supervisors met with Wise to discuss reappointments and non-reappointments of school bus drivers. Julie Green was one of the area supervisors at the meeting. The management team discussed a group of school bus drivers who were borderline in terms of performance. The group was comprised of persons from different ethnic and racial groups. The management team also discussed a group of school bus drivers who had problems with extreme absenteeism. The group of school bus drivers who had problems with extreme absenteeism was comprised of both African American and white individuals. Petitioner was among this group. Carla Green, a white non-handicapped female was also among this group. The absenteeism of school bus drivers creates a safety problem. The buses do not run on time. Inexperienced office staff have to drive the buses, so children may be left standing on the side of the road for a long time waiting for a bus to pick them up. School bus drivers who have a doctor's excuse for their absence still can be found to have excessive absenteeism. Some of the individuals with absenteeism problems were reappointed. Carla Green was among those who were reappointed. Carla Green's attendance problems were determined to be less severe than Petitioner's, and unlike Petitioner, Carla Green's attendance improved during the course of the 1993-94 school year. The group of school bus drivers, whose contracts were not renewed because of absenteeism, was comprised of black and white, male and female individuals. In total, 12 school bus drivers were not reappointed. Of this group, eight were white and four were African American. None was disabled. Two of the white women who were not re-appointed had been employed as school bus drivers as long as or longer than Petitioner. In the past, Julie Green had directly supervised Petitioner but had never supervised Carla Green. Petitioner was absent again on April 13, 1994, because she took her daughter to the doctor. By letter dated April 25, 1994, Wise notified Petitioner of his recommendation that her contract not be renewed at the end of the school year. Petitioner had a doctor's excuse for being absent on May 2 and 3, 1994. The doctor's note states that Petitioner can return to work with no limitations. Petitioner was absent from work on May 9, 1994, until May 12, 1994. The doctor's note states she can return to work on May 12, 1994, with no limitations. Petitioner had a doctor's note dated May 11, 1994, which states that Petitioner has been depressed since her boyfriend was killed. Petitioner had some trouble adjusting to medication which she was given for this condition. Petitioner requested and was seen by a counselor with The Allen Group, the Employee Assistance Program for the School Board, on four occasions in early 1994. On January 26, 1994, Petitioner reported feeling angry and depressed because her boyfriend had been shot and killed. She had learned at his funeral that her boyfriend had several other girlfriends during this time, one of whom was pregnant. Petitioner consulted with a counselor on March 7 and March 10, 1994. On March 21, 1994, Petitioner reported to her counselor that she was feeling better. Petitioner's last visit with her counselor was on May 11, 1994, when she reported that her job was in jeopardy because of too many absences. By letter dated May 15, 1994, the Superintendent advised Petitioner that he would be recommending to the School Board that her employment as a school bus driver be terminated. He also advised her of her right to a hearing prior to her termination pursuant to Section 120.57, Florida Statutes. Petitioner did not request a hearing. Petitioner did not request a review or discussion concerning any alleged disability. By letter dated June 16, 1994, Petitioner was informed that the School Board terminated her employment, effective June 8, 1994. Petitioner pursued the grievance procedure through Step II, available to her under the terms of the contract between the school bus drivers and the School Board. Petitioner argued that her termination was not justified because she does not believe that excessive absenteeism constitutes just cause, and that Respondent's actions were motivated by unlawful discriminatory conduct based on her race and disability (depression). Petitioner failed to prove her allegations of discrimination by a preponderance of evidence.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order which denies the Petition for Relief. DONE AND ENTERED this 29th day of February, 2000, in Tallahassee, Leon County, Florida. _____________________________________ DANIEL M. KILBRIDE 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 29th day of February, 2000. COPIES FURNISHED: Ned N. Julian, Jr., Esquire School Board of Seminole County 400 East Lake Boulevard Sanford, Florida 32773-7127 Mae Vanessa Hampton Laurel Oaks Apartments 8775 Orange Oaks Circle Tampa, Florida 33687 Sharon Moultry, Clerk Florida Commission on Human Relations 325 John Knox Road Building F, Suite 249 Tallahassee, Florida 32303-4149 Dana Baird, General Counsel Florida Commission on Human Relations 325 John Knox Road Building F, Suite 249 Tallahassee, Florida 32303-4149
The Issue Whether the Petitioner established just cause for the termination of Respondent’s employment as a school bus driver.
Findings Of Fact The School Board is the state entity designated to operate, control, and maintain the public school system. The School Board’s power includes the authority to enter into labor contracts and to terminate educational support personnel. Ms. Stevenson began working for the School District in 2003 as a school bus assistant, and eventually became a school bus driver in August 2004. A review of Ms. Stevenson’s performance assessments show that she was a good employee for the time period leading up to the incidents that are the subject of this hearing. For example, Ms. Stevenson’s Performance Assessment conducted for the July 1, 2012, through June 30, 2013, states that: Ms. Stevenson shows great leadership and pays great attention to detail. She shows respect towards her students, her school and her fellow employees. Ms. Stevenson is always in uniform and shows great professionalism both on and off the clock. Ms. Stevenson is very passionate about her work and takes great pride in doing a great job. It is a pleasure and honor working with Ms. Stevenson. The incidents that are subject of this final hearing occurred during the following school year for 2013-2014. On April 25, 2014, Ms. Stevenson was driving her school bus route, returning the students to their homes. Shortly after beginning the bus route, Ms. Stevenson began to feel sharp pains in her chest. Ms. Stevenson made her first bus stop, and then radioed the School District’s bus dispatch for help. She had stopped the bus in a safe location and was told to wait for Emergency Management Services (EMS) paramedics. Ms. Beatrice Aney, an assistant supervisor at the School District’s Leonard Transportation Compound (bus depot), was notified about Ms. Stevenson’s call. EMS was contacted, and the School District sent another bus to finish the route, and Ms. Aney to assist. The paramedics arrived at the scene and began to evaluate Ms. Stevenson’s condition. Near that same time, Ms. Aney arrived and boarded the school bus in order to watch the children, as the paramedics helped Ms. Stevenson. The paramedics determined that Ms. Stevenson needed to be transported to the local hospital for further evaluation. Ms. Stevenson was reluctant to leave the bus in the ambulance, and expressed her concern about being able to retrieve her car keys and pick her child up from daycare on time. Ms. Stevenson believed that the paramedics had spoken with Ms. Aney, and that Ms. Aney had promised that Ms. Stevenson would be picked up from the hospital. In the confusion of the bus, Ms. Aney did not hear or make any promise to Ms. Stevenson about transporting Ms. Stevenson from the hospital. At approximately 3:45 p.m., Ms. Stevenson was admitted into the hospital. She was diagnosed as having a panic attack, and was administered Xanex for anxiety. According to the hospital record and Ms. Stevenson’s testimony, she was released from the hospital at approximately 5:15 p.m. After Ms. Stevenson was transported to the hospital, Ms. Aney returned to the bus depot. Another school bus had been dispatched and finished Ms. Stevenson’s school bus route. Following her discharge from the hospital, Ms. Stevenson called the bus depot seeking a ride from the hospital back to the depot. Ms. Luvenia Brown answered the phone. The bus dispatch office was described as a busy place, and Ms. Aney was working with the many different driver requests. At the time Ms. Stevenson called, Ms. Aney was sitting across from Ms. Brown, who answered the phone. Ms. Brown, holding the phone receiver with Ms. Stevenson on the line, asked Ms. Aney about transporting Ms. Stevenson from the hospital. Ms. Aney stated that she did not have anyone who could pick up Ms. Stevenson at that moment. Ms. Stevenson overhearing the conversation between Ms. Brown and Ms. Aney stated “f**k it, she would walk,” and then hung up. Unfortunately, in Ms. Stevenson’s anger, she did not speak with either Ms. Aney or Ms. Brown before hanging up the phone. Had Ms. Stevenson waited a moment, she would have learned that Ms. Aney was going to drive to the hospital to pick up Ms. Stevenson. Ms. Aney’s statement that she did not have anyone who could transport Ms. Stevenson related to the fact that she did not have an available driver. Ms. Stevenson left the hospital angry, and began walking what would have been approximately a six-mile trip from the hospital. As she was walking, Ms. Stevenson was seen by Ms. Niurka Diaz, a fellow school bus driver who recognized Ms. Stevenson. Ms. Diaz had heard about Ms. Stevenson’s illness on the bus radio, and had already completed her school bus route. Ms. Diaz stopped her bus, and offered Ms. Stevenson a ride. At this point, Ms. Stevenson had walked approximately four-tenths of a mile from the hospital. While Ms. Stevenson was enroute to the bus depot, Ms. Aney had left for the hospital in order to transport Ms. Stevenson. Ms. Stevenson arrived at the school bus depot angry, and she walked into the dispatch office. Upon entering the office, Ms. Stevenson began a prolonged, profane tirade stating, in essence, that her co-workers did not care what happened to her, and then threatening “where the f**k is Beatrice? I am going to beat her a**.” During Ms. Stevenson’s outburst, she grabbed at papers on the wall and crumpled them. Within a few minutes, Ms. Stevenson exited the dispatch office and then entered the bus driver lounge. She continued to yell profanities in the hallway and doorway of the bus driver lounge. One of the drivers, Ms. Tomeika Harris, Ms. Stevenson’s friend, attempted to find out what was wrong. Ms. Harris reached for Ms. Stevenson’s arm. The video and testimony show that Ms. Stevenson flailed her right arm upward in order to throw off Ms. Harris’ hand. Consequently, when Ms. Harris’ hand was thrown off Ms. Stevenson’s arm, Ms. Harris’ cell phone was damaged. At the time Ms. Stevenson reacted, she was so angry that she did not recognize that it was Ms. Harris, her friend, who had reached to touch her. Subsequently, Ms. Stevenson learned that she had damaged Ms. Harris’ cell phone, and has since replaced it. Ms. Stevenson exited the bus driver lounge into the parking lot. Ms. Black, another school bus driver and friend of Ms. Stevenson, saw her in the parking lot. Ms. Stevenson continued a profane tirade that no one cared about her, and how she had been left at the hospital. Ms. Black attempted to calm her friend down, and Ms. Stevenson subsequently left the bus depot in order to pick up her daughter from daycare. During Ms. Stevenson’s outburst, Ms. Aney was at the hospital looking for Ms. Stevenson. When she could not find Ms. Stevenson, Ms. Aney called the dispatch office and spoke with Ms. Karen Lane. Ms. Lane told Ms. Aney that Ms. Stevenson was at the bus depot and that Ms. Aney needed to return immediately. By the time that Ms. Aney returned, approximately 15 to 20 minutes later, Ms. Stevenson had already left the premises. The School District did not contact any law enforcement agency concerning Ms. Stevenson’s outburst and threats made against Ms. Aney on April 25, 2014. The School District began an investigation into Ms. Stevenson’s conduct at the school bus depot. The investigator, Mr. Andrew Brown, learned from one of Ms. Stevenson’s supervisors that Ms. Stevenson had been involved in a prior incident on January 30, 2014. Mr. Brown was provided a video taken on the bus driven by Ms. Stevenson on January 30, 2014. This January 30, 2014, video, with its audio, shows Ms. Stevenson losing her temper and verbally berating a third-grader because Ms. Stevenson perceived that the third-grader had been disrespectful to her. Further, the video shows Ms. Stevenson yelling at all of the students and warning them about being disrespectful to her. Following her verbal tirade, Ms. Stevenson turned down the bus radio and called the school bus dispatch on her cell phone while driving the bus. Ms. Stevenson falsely reported that she had tried to call the dispatch on her bus radio, and that she wanted dispatch to inform the school that the identified student had been disrespectful to her and that she would be speaking to the student’s mother. Finally, the video shows that at the student’s stop, Ms. Stevenson informed the student’s mother that the child had been disrespectful, rolling her eyes and had “jumped at her.” The video did not support Ms. Stevenson’s characterization of the third-grader’s actions as “jump[ing] at her.” After a parent complaint, the School District reviewed the video and suspended Ms. Stevenson as a school bus driver for three days. Ms. Stevenson’s evaluation indicated that Ms. Stevenson was suspended for using the cell phone while driving. Ms. Stevenson testified that her suspension also was the result of her behavior on the bus in addition to the cell phone use. Certainly, the School District in suspending Ms. Stevenson took into account her inexcusable verbal berating of a third grader on the bus when it suspended her. The fact that Ms. Stevenson used a cell phone while driving the school bus could only have been learned by watching the video. As stated earlier, the video shows Ms. Stevenson’s inappropriate behavior directed to the student, and her inappropriate driving while talking on the cell phone. Consequently, the undersigned finds that the School District was aware of Ms. Stevenson’s outburst on the school bus on January 30, 2014, when it suspended her for three days. Finally, it is agreed by the parties that Ms. Stevenson was directed by her supervisor, after the January 30, 2014, incident, to act courteously and cooperatively in the future. Ms. Stevenson’s unrebutted testimony shows that in 2013 and 2014 she was a victim of domestic violence, and had in place a domestic violence injunction against her husband. Ms. Stevenson explained that her difficult situation spilled over into her work life causing her anger and anxiety. Prior to her suspension, Ms. Stevenson sought help with Employee Assistance Program counseling concerning her anxiety. However, she has not been able to consistently continue with the counseling based on financial difficulties. During this past school year, Ms. Stevenson has driven a bus for a private transportation company that provides bus services for charter schools without any further incident. She has expressed remorse for her actions, and stated a desire to return as a Lee County School District school bus driver.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The School Board established “just cause” for disciplining Ms. Stevenson’s employment based on the finding that she is guilty of “misconduct in office,” for violating article 7.13, and School Board Policies 2.02, 4.09, and 5.02; Ms. Stevenson be suspended without pay from July 1, 2014 until the beginning of the January 2015 term; and As a condition of continued employment, Ms. Stevenson successfully complete an Employee Assistance Program concerning anger and stress management, and successfully complete training concerning effective communication. DONE AND ENTERED this 29th day of December, 2014, in Tallahassee, Leon County, Florida. S THOMAS P. CRAPPS 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 29th day of December, 2014.
The Issue The issue for consideration in this hearing is whether Petitioner School Board should terminate Respondent's employment because of the alleged misconduct outlined in the letters of Termination dated April 2, 1996 and May 6, 1996.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, School Board of Sarasota County, (Board), operated a system of school busses to transport students to and from the public schools operated by and within the county. The Respondent, George James Bock, was employed by the Petitioner as a school bus driver and was assigned to drive bus number 9101. Sometime in January 1996, but prior to January 10, while in the process of picking up children at Englewood Elementary School for the purpose of transporting them to their homes at the end of the school day, Respondent had trouble getting his bus started when it was parked near the school and the children were aboard. He was, at the time, observed by Marcia Strickland, a pre-school teacher's aide, whose job it was to see the children onto the buses in the afternoon after school. Ms. Strickland saw Respondent get up out of his driver's seat, and she got onto the bus to see if he needed any help. She saw Respondent go to the back of the bus and do something she could not see and then return to his seat. When he thereafter tried to start the bus it started and he drove off. Respondent and Ms. Strickland did not have a conversation during this period which lasted about a minute, nor did she see him attempt to use his radio. On the morning of January 12, 1996, Respondent had the usual responsibility to pick up students attending Venice Middle School and transport them to school. When they had been delivered without incident, he had some time to spare before he was to pick up the elementary school children to be transported to their school, Englewood Elementary. In the interim between runs, it was his practice to drive the empty bus to the old K-Mart parking lot near Venice where he would park his bus in the company of other school bus drivers who were also between runs, and he did so on this particular day. The middle school run went off without difficulty, however, during the run a buzzer went off in the bus several times. This was not an unusual occasion as it frequently happens when the bus passes over a bump in the road at US highway 41 as he deadheads from the first to the second run. The weather was inclement on the day in question and appears to have been quite wet. Respondent did not leave his bus while it was in the parking lot nor did he speak with any of the other drivers. When it became time for Respondent to leave the K-Mart lot for his second run, he was unable to get the bus started. He attempted to do so for several minutes but the bus would not start. He checked all doors and exits of the bus to insure none of them were insecure but all was well. He also checked to insure the bus was in neutral and it was. Notwithstanding all he tried, Respondent was unable to get the bus started. Finally, he discovered a problem with a lock on the back door which he tried to fix unsuccessfully, and he attempted to call in to his dispatcher by radio to advise that because of his problem he would be late on his run, but his efforts to raise central or other drivers were also unsuccessful. Respondent ultimately got the bus started, but by that time he was late and only one child was still waiting for pick-up. He subsequently determined that some of the parents of the students who ordinarily rode on his bus made the pick-up and took the children to school when it appeared he would be late. Each bus driver is furnished with a pre-trip log book which he or she is required to fill out regarding each trip. The book for Respondent's bus on January 12, 1996, and for every school day in January 1996 prior to that date reflects every item marked OK for both the morning and afternoon runs, and no item is identified as having been a problem. The page is signed by the Respondent. Respondent indicates he didn't make any notations in the log book about the door buzzer going off because there were no problems at 6:45 AM when he filled out the log. The problem with the buzzer normally did not prevent him from starting the bus except for one time approximately two weeks previously. This must have been the incident referred to by Ms. Strickland. Though Respondent did not make any entries in the bus log regarding this problem he did fill out an incident report regarding it and a driver's repair request regarding the problem. The incident report bears the improper date of January 10, 1996, but this was explained by Respondent as being merely his error when he filled out the report on January 12. This explanation is accepted. The bus was checked out by Wendell Prior, a lead mechanic with the School Board's Taylor Ranch compound from which Respondent operates. Mr. Prior also conducts monthly safety inspections of the busses assigned to his shop and corrects problems reported to him. He is certified as an ASE certified mechanic and has attended several schools to keep his skills current. Mr. Prior, along with an assistant mechanic, thoroughly checked out the Respondent's report regarding the buzzer on bus 9101 which reportedly caused the bus not to start. He also checked the radio which Respondent had reported as faulty. Neither Prior or the other mechanic was able to duplicate Respondent's problem or find any defect which would prevent the bus from starting. They saw no foreign material and found no evidence of attempted repairs. Mr. Prior also checked out the bus' battery system and found it to be working properly. As a result of all his efforts to find something wrong or recreate the problem allegedly experienced by Respondent, Mr. Prior could find no defects and he has made no repairs to the bus buzzer system since that time. Prior also tried out the radio, which is one of the more powerful bus radios used in the system, and though he was unable to reach central dispatch, he was able to reach other busses clearly. He could find no problem with the radio. Though it may seem improbable, there is no major inconsistency between the testimony of Mr. Bock and that of Mr. Prior. Other bus drivers testifying for the Respondent indicated that the area where the buses congregate during the hiatus between runs is a difficult area for radio reception. These drivers have been able to reach other busses in the area but not the central dispatch radio from that site. In addition, Mr. Wass, formerly a school bus driver and an individual with extensive experience in engineering and automotive electrical systems, has also experienced problems with the back door of the school bus he drove which prevented the bus from starting. He determined that the back door cut-off latch frequently moves while the bus is in motion, and when the bus is subsequently turned off, it cannot be restarted with the latch in that position. He has also experienced intermittent circuitry problems with his bus which was aggravated by wet weather. Taken together, the evidence indicates with regard to this allegation that in fact Respondent was late for the second run to Englewood Elementary School because of mechanical or electrical problems with his bus which were intermittent and beyond his control. His failure to contact central dispatch so that alternative arrangements could be made to transport his students was occasioned by his failure to raise central by radio due to a blind spot for transmission at the location where he was parked and unable to start the bus. To be sure, he probably could have relayed a notification to central through another bus driver, which ability to do so was indicated by the other drivers. However, Respondent claims he tried and was unable even to reach another driver. Respondent was charged with a failure to make the run on time, not a failure to call in to central. Petitioner's allegations that interim stops at the shopping center were not authorized is irrelevant to the issue herein. In any case, the evidence tends to indicate that such practice was wide-spread among the drivers and was accepted by the system managers. As a result of the Respondent's failure to pick up the elementary school children on time on January 12, 1996, on January 15, 1996, the parent of one of the children on the run in issue wrote a letter to Mr. Girard, the supervisor of all official transportation for the school system, complaining of the Respondent's failure to make the pick up on time. This mother, who provided transport for several of the stranded children that morning, claimed to have found the bus parked in the K-Mart parking lot, and when she sounded her horn, Respondent rose up from one of the middle seats on the bus and went to the driver's seat. The following day, the principal at Englewood Elementary School wrote to Mr. Girard complaining of the failed pick-up on January 12, and raised the question of whether Respondent had been sleeping, citing other instances of Respondent's inappropriate performance of his duties, none of which are relevant to the issues herein. Because of these complaints, on March 18, 1996, Mr. Girard forwarded a memorandum to Gerald Padfield, the Board's Supervisor of Personnel, informing him that a decision had been reached to proceed with disciplinary action consistent with the terms of the union contract. In his letter, Mr. Girard cites several prior actions taken with regard to the Respondent and which includes two previous letters of instruction, a verbal and a written reprimand, and a three-day suspension. Respondent contends that the two letters of instruction were not disciplinary action, but were imposed to correct improper performance on his part. The three day suspension was brought to arbitration upon Respondent's filing of a grievance. While grounds for discipline were found to exist, the three-day suspension was reduced to a one day suspension. It should also be noted that Mr. Girard's letter contains several inaccuracies as to dates of incidents and/or corrective action. For the most part, however, the document demonstrates that the Board has followed a course of progressive discipline in its dealings with the Respondent. Respondent's Exhibit C is a document which outlines in detail the disciplinary history of the Respondent and which includes the formal actions previously cited. In addition, however, there is evidence of other incidents involving Respondent concerning which incidents complaints were received by the Board and for which non-disciplinary action was taken by administration personnel. These instances of uncharged activity by the Respondent have no bearing on the instant determination of whether Respondent committed the offenses alleged in the cases in issue but were admitted solely for the purpose of establishing that the Board had followed a policy of progressive discipline in its dealings with the Respondent. Mr. Bock is a member of the classified bargaining unit represented by the local teacher's union which has entered into a collective bargaining agreement with the Board. Article XXII of that agreement provides for the use of progressive discipline except in emergency or flagrant violation situations. Pertinent hereto is the agreement definition of progressive discipline which calls for termination as the next step after suspension with or without pay. On March 5, 1996, Marge Sams, a safety facilitator with the Board's transportation department, located at the Taylor Ranch bus compound, while in a conversation with another bus driver, observed Respondent smoking a cigarette while he was standing in front of a school bus which was parked by a fuel pump. She could tell Respondent was smoking by the movement of his hand to his mouth and a puff of white which appeared immediately thereafter. She started out the door to tell him not to smoke there when he threw the cigarette to the ground and crushed it out with his foot. He came toward her, and when she started to ask him not to smoke near the fuel pumps, he barely acknowledged her and passed by her out the other door to where he met two other people. A permitted smoking area is located just outside the bus office building at which a picnic table and benches are located. A butt can is located on the table for the use of smokers. While this smoking area is in the general vicinity of the fueling pumps, it is not located adjacent to the pumps and does not create a safety hazard as would smoking at the pumps. Located at the pump service island where Respondent was seen smoking is a reasonably large, easily readable blue and white sign which clearly indicates that no smoking is permitted at the pump during fueling operations, by order of the state fire marshal. These signs were in place on March 5, 1996. The pump just below and to the side of the aforementioned sign bears the indication that it contains diesel fuel. It should also be noted, however, that next to the building, just outside the office, at some point in time, was located an open flame space heater. Ms. Sams' observation of the Respondent on March 5, 1996 was, by her own admission, very brief and she was not paying close attention to him. It was the puff of white smoke which caught her attention and caused her to go outside right away. Ms. Sams does not know what Respondent was doing at the pump at the time. His job during that period was to wash busses and he might have been doing that. However, she is very sure that at the time she observed the respondent smoking at the pump island, there were other busses fueling there. In her capacity of safety facilitator at the Taylor Ranch compound Ms. Sams is responsible for setting policy, and though she is not sure, she believes the policy against smoking is written down. It is a matter of judgement and compliance with the general orders of the state fire marshal. Though she was unwilling to define what is a safe distance from a pump to smoke, in this case she observed the respondent smoking in an area immediately contiguous to where two other busses were being fueled, well within 15 to 20 feet of them, and she is satisfied that is not safe. Mr. Bock does not deny smoking at the time and place alleged in the charging letter, but does deny ever smoking during fueling operations. Based on her observation of Respondent on March 5, 1996, Ms. Sams drafted a written memorandum to Mr. Girard, the Board's bus business manager, reporting what she had observed. While she admits that memorandum does not reflect fuel was being dispensed at the time and agrees such a comment should have been included, she is sure fuel was being dispensed. It is so found. It is also found that many drivers and compound personnel smoke at the picnic table outside the bus office, even while fuel is being dispensed at the pump and neither Respondent nor Mr. Prior has ever heard anyone say anything about that. When Mr. Girard received the report of Respondent's late pick-up on January 12, 1996, he immediately caused the allegation to be looked into. Based on the report that Respondent had had bus trouble, Mr. Girard, the same day as the incident, also had that looked into, and when nothing wrong could be found with the bus, he released it for the afternoon run. According to Mr. Girard, when a bus driver has problems with his run, he is supposed to radio in or call by phone to bus central so that children are not left standing at a bus stop. He admits that from time to time communications problems exist in that certain areas of the county are dead areas for radio transmissions. In addition, some of the buses have smaller radios than others and do not have adequate power to reach central from all areas serviced. Respondent's bus, however, had one of the bigger radios which should have been able to reach central. Other evidence of record, however, has confirmed the existence of dead areas, and, conceivably, Respondent was in such an area when he was unable to get the bus started. However, he could have called another bus and requested his message be relayed, or he could have used a phone line to call in. He did neither even though the Board's policy on calling in was discussed with Respondent prior to January 12, 1996 and at the time he was advised he should lay over on school board property. This information is contained in a written memorandum dated May 3, 1993 from the Board's director of transportation to all bus drivers. However, neither the failure to call in nor the layover at an unauthorized location was charged. As a result of the smoking incident, when added to Respondent's prior record, on January 30, 1996, Mr. Girard advised Respondent in writing that a meeting was scheduled to discuss this matter on January 31, 1996. However, the meeting was rescheduled for February 7, 1996 at Respondent's request. When the meeting was held, Girard and Respondent discussed what disciplinary action would be taken consistent with the progressive discipline policy called for in the collective bargaining agreement. The Respondent's disciplinary file with the Board reflects a Memorandum of Instruction administered on January 22, 1991 and a Letter of Instructions issued on December 12, 1991. These documents clearly indicate on their face that they are not disciplinary, however. Nonetheless, Respondent was also administered a verbal reprimand on February 3, 1992, followed by a written reprimand administered on April 7, 1992. In addition, Respondent was administered a three day suspension in the latter part of 1995 for smoking on his bus. Respondent grieved this action and the matter went to arbitration where the arbitrator's Decision and Award dated August 27, 1996 upheld the imposition of a suspension but reduced the term from three days to one day. Because of the Respondent's disciplinary record, Mr. Girard recommended termination of Respondent's employment to the superintendent who accepted that recommendation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Sarasota County reject the recommendation of the Superintendent regarding the alleged incident on January 12, 1996 and dismiss the charge, but accept the Superintendent's recommendation regarding the allegation of inappropriate smoking and enter an order terminating the employment of George James Bock with the Board. DONE and ENTERED this 2nd day of October, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of October, 1996. COPIES FURNISHED: Arthur S. Hardy, Esquire Matthews, Hutton and Eastmoore Post Office Box 49377 Sarasota, Florida 34230 Charles L. Scalise, Esquire West Russell Snyder, P.A. 355 West Venice Avenue Venice, Florida 34285 Thomas H. Gaul, Superintendent Sarasota County School Board 1960 Landings Boulevard Sarasota, Florida 34231-3331 Frank T. Brogan, Commissioner Department of Education The Capitol Tallahassee, Florida 32399-0400 Michael H. Olenick General Counsel Department of Educatin The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400
The Issue The issue in the case is whether there is just cause to terminate the employment of the Respondent, a school bus operator.
Findings Of Fact Luis R. Rosario (Respondent) is a school bus operator employed by the Lee County School District (District). The Respondent has been employed as a bus operator since August 1994. The Respondent's performance evaluations have been acceptable. The sole exception was noted in his 1996-1997 evaluation, which found that he needed to improve in the category identified as "uses appropriate techniques in maintaining order among students on the bus." The subsequent evaluations do not indicate that the issue continued to be a concern after the 1996-1997 evaluation period. On February 28, 2000, the Respondent was transporting students to and from Trafalgar Middle School. In the afternoon of February 28, a student identified for purposes of this order as D.M. attempted to board the bus in the afternoon. D.M. was not a regular passenger on the Respondent's bus. According to District policy, in order for a student to ride a bus other than his or her assigned bus, a student must have a note signed by a parent and approved by an authorized school administrator. Some schools, including Trafalgar Middle School, use a system of bus passes to control bus ridership. When D.M. boarded the Respondent's bus on the afternoon of February 28, 2000, he did not have a bus pass or a note from a parent. According to the Respondent, D.M. has friends on his bus and has made prior attempts to board the bus without a pass or a note. D.M. supposedly told the Respondent that he had given him the note and had ridden the bus to Trafalgar Middle School on the morning of February 28. The Respondent did not recall having D.M. on the bus that morning and did not recall receiving any note from him. The Respondent refused to permit D.M. to board the bus. There is no evidence that D.M. provided a note or a bus pass to the Respondent on February 28. When the Respondent refused to permit D.M. to board the bus, D.M. became argumentative and hostile towards the Respondent. The Respondent argued with D.M. D.M. left the bus, spoke to a school resource officer, and then returned to the bus with the school principal, Joseph Vetter. Mr. Vetter and the Respondent became involved in a discussion regarding whether D.M. should be permitted to ride the bus. Mr. Vetter was unhappy with the Respondent's behavior towards D.M. and towards himself. Mr. Vetter testified that the Respondent was "yelling" at D.M. and at the principal, and was "rude" and "disrespectful." During the interaction between the principal and the Respondent, D.M. continued to act in a disruptive manner. The evidence fails to establish that the Respondent's behavior towards D.M. was inappropriate. The principal testified that the Respondent's rudeness and abusiveness reached a level that the principal had never previously experienced during his lifetime, yet the principal was specifically able only to recall that the Respondent repeatedly stated that D.M. did not belong on his bus. There is no evidence that the Respondent cursed in the presence of the principal or D.M. Although the Respondent may have raised his voice towards D.M. and the principal, the evidence fails to establish that the Respondent's behavior towards D.M. was so inappropriate as to warrant a verbal reprimand by the principal in front of the Respondent's passengers. Mr. Vetter left the bus and told the Respondent that he would be contacting the Respondent's supervisor. The Respondent, apparently dissatisfied with the result of the interaction, followed the principal off the bus and briefly continued to argue before returning to the bus and leaving the campus. The District asserts that, as the bus left the school's bus boarding area, the Respondent cursed at the principal. The evidence fails to support the assertion. The District presented the testimony of several students in support of the assertion. The testimony of the students lacks sufficient precision to establish that the Respondent cursed at the principal. The students offered contradictory testimony about where they were seated on the bus and what words they actually heard the Respondent speak. Further, an investigator for the District interviewed several students after the incident occurred. The investigator prepared typewritten statements, allegedly based on what the students told him, and provided them to Trafalgar Middle School officials. The Trafalgar Middle School officials presented the statements to the students and told them to sign the statements. The students did not read the statements before they signed them. The written statements prepared by the District's investigator contain substantial derogatory information about the Respondent. According to the students who signed the statements, much of the information contained therein is false. At the hearing, the students who signed the prepared statements denied providing the false information to the investigator. The Petition for Suspension in this case alleges that the Principal of Trafalgar Middle School intervened in an altercation between D.M. and the Respondent after viewing the Respondent screaming at D.M. The evidence establishes that the principal became involved after D.M., failing to gain entry onto the Respondent's bus, found the principal and brought him to the bus. The Petition alleges that the Respondent yelled profanity directed towards the principal as he drove away in the bus and that the profanity continued during the bus ride. There is no credible evidence that the Respondent yelled any profanity at all. Other than as set forth herein, there is no credible evidence that any use of profanity continued throughout the bus ride. The Petition alleges that some students in the bus were fearful of the Respondent's behavior and his use of profanity. There is no evidence that on February 28, 2000, the students feared the Respondent in any manner. The Petition alleges that the Respondent made threatening statements suggesting bodily harm to some students and to the principal. There is no evidence that the Respondent threatened bodily harm towards any person whatsoever. The greater weight of the evidence establishes that, following the argument with the principal, and the principal's threat to call the driver's supervisor, the Respondent mumbled to himself that he did not need "this damn job" as he pulled his bus away from the Trafalgar Middle School boarding area. There was testimony from some students that they had heard the Respondent say "hell" or "damn" previously, but the testimony was insufficient to establish with specificity the circumstances of the reported events. The Respondent has been disciplined previously for accusations similar to those involved in the instant case. In May 1999, the Respondent received a written warning regarding use of profanity and improper behavior towards a student at Gulf Middle School. The evidence establishes that the Respondent reacted inappropriately when confronted with the alleged May 1999 allegations. When District officials attempted to address the situation, the Respondent became agitated and aggressive towards the people in the room. The written warning was issued to address the matter. There was no evidence presented in the instant case to establish the alleged use of profanity in May 1999. The District offered testimony related to an incident in January 1999, at Diplomat Middle School where the Respondent was accused of yelling at the school's assistant principal as the bus drove away. The evidence fails to establish specifically what the Respondent was yelling at the time.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Lee County enter a final order dismissing the Petition for Suspension Without Pay and Benefits Pending Termination of Employment dated April 14, 2000, and providing an award of back pay and benefits to the Respondent retroactive to the date of his suspension. DONE AND ENTERED this 30th day of October, 2000, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 30th day of October, 2000. COPIES FURNISHED: Victor M. Arias, Esquire School Board of Lee County 2055 Central Avenue Fort Myers, Florida 33901-3988 Robert J. Coleman, Esquire Coleman & Coleman 2300 McGregor Boulevard Post Office Box 2089 Fort Myers, Florida 33902-2089 Tom Gallagher, Commissioner Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400 Dr. Bruce Harter, Superintendent Lee County School Board 2055 Central Avenue Fort Myers, Florida 33901-3916
The Issue The issues in this case are whether Respondent violated Sarasota County School Board policy and the Code of Professional Conduct of Non-Instructional Support Staff employed by the Sarasota County School District and, if so, whether Respondent's employment with the Sarasota County School Board should be terminated.
Findings Of Fact The School Board is a political subdivision and an administrative agency of the State of Florida charged with the duty to operate, control, and supervise all public schools and personnel in the Sarasota County School District. Mr. Witt is the superintendent of schools for the Sarasota County School District. At all times relevant, Ms. Jones was employed with the School Board by contract as a school bus driver. In that capacity, Ms. Jones was classified as a non-professional and non-administrative contract employee of the School Board's transportation department. She agreed to accept the contractual appointment (school bus driver) to perform such duties and services as may be required to comply with all laws of the State of Florida and rules and regulations made by the School Board. The School Board's transportation department operated a bid policy for its school bus drivers. Under the School Board's bid policy, each school bus driver was afforded an opportunity to bid (make a written selection of a particular school bus route) on the school bus route for the forthcoming school year. At the start of the 2003-2004 school year, Ms. Jones bid upon and was awarded the Oak Park School (Oak Park) bus route. Oak Park was attended by elementary through high school-aged exceptional students or exceptional student education ("ESE") students, as defined under Section 4.12 of the School Board's policies manual. Ms. Jones was assigned bus number 9615. The first responsibility of the school bus driver is the safe operation of the school bus, and the second responsibility is providing discipline to those who are transported. In October of the 2003-2004 school year, Susan Snyder (Ms. Snyder) was assigned to work on school bus number 9615 as the school bus attendant. A school bus attendant's primary responsibilities are to ensure the safety of and provide care to the students that are being transported on the bus and to minimize distractions to the school bus driver caused by the students while being transported. The students who were being transported by Ms. Jones to Oak Park have behavioral issues, are physically handicapped, and/or have been unsuccessful at other schools within the Sarasota County School District. At various times during the 2003-2004 school year, between eight and 12 students between the ages 14 and 17 rode the bus driven by Ms. Jones. Four of those students were L.J., M.N., N.K., and J.M. The collective testimonies of these four witnesses established that they frequently used profanity on the bus in their daily conversations with each other and in their daily conversation, in the context of discipline, with Ms. Jones. The students would routinely yell among themselves and at Ms. Jones, and she, in return, would yell at them. When Ms. Jones told the students to do something, "sit down," "stop playing around," or "don't open the windows on the bus," the students refused to obey, and Ms. Jones would threaten the students with physical violence. Those threats would elicit like-kind responsive threats from the students. The evidence is inconclusive for the purpose of identifying specific profanity uttered by a specific student. However, the evidence is clear that an exchange of profanity occurred between Ms. Jones and the students identified in paragraph 4 hereinabove. At some unspecified time, but prior to December 9, 2003, Ms. Jones had previously and repeatedly instructed the students to leave the bus windows up while traveling. As they were traveling down Interstate 75 (I-75), N.K., ignoring Ms. Jones' previous instructions to leave the windows up, began lowering the window. Ms. Jones observed N.K.'s actions and repeated her instructions to leave the window up. She was unable to stop on the interstate, but when she reached the Fruitville, I-75 exit, Ms. Jones exited the interstate and stopped the bus. She then turned off the engine, got up from the driver's seat, and went to N.K.'s seat where she pushed N.K., and N.K. pushed her back. The shoving back and forth between Ms. Jones and N.K. ended with Ms. Jones slapping N.K. At the end of her bus run for that day, Ms. Jones reported the incident by a Student Discipline Referral Report. N.K. told his mother of the incident, and she informed Oak Park administration. After consideration of all the facts, Oak Park administration disciplined N.K. for his conduct on the bus. It is found that Ms. Jones willfully violated the School Board's policy by slapping N.K. The "Yugioh" playing cards incident The students would play a card game known as "Yugioh." The cards belonged to L.J. Ms. Jones had previously instructed the students not to play "Yugioh" on the bus because of the disturbance the game caused, and she specifically instructed L.J. not to bring his "Yugioh" cards on the bus. On December 9, 2003, L.J. and other students, with disregard of Ms. Jones' previous instruction not to play "Yugioh" on the bus, were again playing "Yugioh." Ms. Jones asked them to stop, and they ignored her. She asked L.J. to bring the cards to her, and he refused to obey her request. When she reached the stop sign at the intersection of South Briggs Avenue and Bahia Vista Street, in Sarasota County, Florida, Ms. Jones stopped the bus, turned off the engine, and approached L.J. where he was seated. An argument ensued, which was accompanied by Ms. Jones' attempt to take the cards from L.J. and his refusal to relinquish his cards. During this altercation, Ms. Jones struck L.J. about his head, shoulders, and face. She pinched his cheeks. L.J. and Ms. Jones exchanged vulgar insults back and forth. Ms. Jones told M.N., another student, to grab L.J.'s "titties" and pinch them, and he did so. It was noted that L.J. has a large body with an extraordinary fleshly chest. After the "tittie"-pinching incident, L.J. asked to be let off the bus at that location, which was not his usual bus stop, and Ms. Jones, as she returned to the driver's seat, initially refused to do so. After sitting in the driver's seat, Ms. Jones granted L.J.'s request to exit the bus at the intersection of South Briggs Avenue and Bahia Vista Street. It is found that Ms. Jones did not violate the School. Board's policy by permitting L.J. to get off the bus at a location other than his normal pick up and exit stop. Drivers are not allowed to prevent a student from getting off the bus; they can only call transportation dispatch and report the student by name and the location the student got off the bus. It is found that Ms. Jones did, however, violate the School Board's policy when she struck L.J. and when she requested and encouraged another student to inappropriately touch L.J.'s chest. When he arrived home, L.J. reported the bus incident to his parents, and they immediately registered a complaint against Ms. Jones with Oak Park administration. Two days later, December 11, 2003, L.J.'s father, L.J., Sr., filed a police report with the Sarasota County Sheriff's Department. An officer investigated the matter on December 19, 2003, by interviewing only L.J. and Ms. Snyder. Based upon those two interviews, the investigating officer recommended that the charge of battery be filed against Ms. Jones. There is no further evidence of record regarding the battery charge recommendation made by the investigating officer. The School Board's transportation dispatcher was informed of L.J.'s parents' complaint, and he radioed Ms. Jones and Ms. Snyder instructing them, upon completing the evening bus run, to report directly to his office and to give written reports of the L.J. incident. In her written report given immediately following the incident, Ms. Jones acknowledged that there was an exchange of profanity between her and the students involved, but she denied hitting L.J. or telling other students to pinch L.J.'s titties. The evidence of record reflects that Ms. Snyder did not dispute Ms. Jones' version of the incident. Ms. Snyder also executed a written incident report immediately following the incident containing her version of what occurred. According to the School Board, Ms. Snyder's initial written incident report was inexplicably lost. At the hearing, the School Board introduced an unsigned document (the School Board's Exhibit P-9) that was not sworn to by Ms. Snyder, purporting it to be a second revised report written by Ms. Snyder. This document is found to be unreliable. Later on the evening of December 9, 2003, after giving her written report that was somehow lost, Ms. Snyder called her Union representative and gave a description of what took place on the bus on December 9, 2003. A meeting was arranged with the director of transportation, Jody Dumas (Dumas). At the meeting, Ms. Snyder gave a version of the December 9, 2003, bus incident that was contrary to her earlier confirmation of Ms. Jones' December 9, 2003, written incident report. Ms. Snyder's recall of the December 9, 2003, incident alleged that Ms. Jones slapped and verbally abused and humiliated L.J. She went on to include a claim that Ms. Jones intimidated her and the students by telling everyone on the bus that they were to say nothing happened on December 9, 2003. Mr. Dumas conducted his investigation of Ms. Snyder's allegations by interviewing M.N. and J.M. on December 12, 2003. During the initial interview, M.N. confirmed Ms. Jones' version of the incident. Under the pressure of Mr. Dumas' continuous questioning, coupled with the promise that he would not be required to ride Ms. Jones' bus anytime in the future, M.N. capitulated and confirmed the "tittie"-pinching version of the incident and agreed with Ms. Snyder's "say nothing happened on December 9, 2003," addition to her version of the incident. It is found that Ms. Jones did in fact instruct another student to pinch L.J.'s titties, and the student, for reasons of his own, complied with the request while L.J. sat there humiliated. The evidence of record in support of Ms. Snyder's allegation that Ms. Jones intimidated her and all the students on the bus by telling them "say nothing happened on December 9, 2003," is unreliable and rejected by the undersigned. On December 10, 2003, Mr. Dumas suspended Ms. Jones with pay pending further investigation of the December 9, 2003, incident. Mr. Dumas, after his review of Ms. Snyder's version of what occurred and his interviews with unnamed students, met with Ms. Jones and confronted her with the "slapping and verbal abuse of [L.J.]" allegations. Ms. Jones denied slapping and verbally abusing L.J., at which time Mr. Dumas advised Ms. Jones that he would recommend her termination to the School Board. It is found that the suspension of Ms. Jones by Mr. Dumas was appropriate and in accordance with the School Board's policy. On December 19, 2003, in his memorandum to Scott Lempe (Mr. Lempe), director of human resources, Mr. Dumas set forth specific factual bases in support of his recommended termination of Ms. Jones: (1) Ms. Jones slapped L.J. at least two times in the face; (2) Ms. Jones told another student on the bus, M.N., to go over to L.J. and pinch his titties; and (3) on at least one other occasion, Ms. Jones told one student to slap another student because he was putting a window down. Mr. Lempe prepared a notice of termination on January 5, 2004, containing his detailed explanation of the grounds for the termination based upon Ms. Jones' violations of Section 5.30(2)(c) of the Sarasota County School Board policies manual, regarding corporal punishment and the Policy Manual, Code of Professional Conduct of Non-Instructional Support Staff, and Sections 1012.22 and 1012.27, Florida Statutes (2003), insubordination and misconduct in office. On February 18, 2004, the School Board terminated the employment of Ms. Jones with its transportation department as a school bus driver. The School Board proved, by a preponderance of credible evidence, that Ms. Jones violated the School Board's policy and the Code of Professional Conduct of Non-Instructional Support Staff employed by the Sarasota County School District, as alleged in the notice of termination dated February 18, 2004.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that Petitioner, Sarasota County School Board, enter a final order terminating the contractual employment of Respondent, Nancy Jones. DONE AND ENTERED this 19th day of August, 2004, in Tallahassee, Leon County, Florida. S FRED L. BUCKINE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Appalachia 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 19th day of August, 2004. COPIES FURNISHED: Robert K. Robinson, Esquire Bowman, George, Scheb, Toale & Robinson 2750 Ringling Boulevard, Suite 3 Sarasota, Florida 34237 Nancy Jones 1280 Highland Street Sarasota, Florida 34234 Gene Witt, Superintendent Sarasota County School Board 1960 Landings Boulevard Sarasota, Florida 34231-3304 Honorable Jim Horne Commissioner of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street, Room 1244 Tallahassee, Florida 32399-0400
The Issue The issue for consideration in this hearing was whether Respondent's employment as a school bus driver with the Pinellas County Schools should be terminated because of the matters alleged in the Superintendent's Charging Letter dated June 10, 1996.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Pinellas County School Board, operated the system of public elementary and secondary education in Pinellas County Florida. Included within that function was the operation of the public school bus system. Respondent was employed by the Petitioner as a school bus driver. On May 8, 1996, Respondent was operating his school bus as required on the afternoon run from school to disembarkation points along the routes. According to several students who were riding the bus that day, a male student, otherwise identified only as Nick, was misbehaving on the bus by standing up while the bus was moving and being unnecessarily noisy. This conduct prompted a censure by the Respondent, who told the student to sit down and be quiet. When the bus reached the stop at Winding Wood Road, just off Countryside Boulevard, Nick, while disembarking from the bus, called the Respondent a "nigger." This was overheard by several students, one of whom, Stephanie Erin Clark, also was to disembark at that location. Erin and two other students, both of whom were seated in the front row of seats, one on each side of the bus, observed Respondent get up from the driver's seat and, while the bus' engine was still running, push other children who were on the bus steps out of the way and chase Nick down the side of the street in front of the bus. While Respondent was off the bus, it started to roll down the hill with students still aboard. This resulted in a frightening situation for many of the students, some of whom began to scream. After he had gone about 30 feet from the bus, Respondent apparently heard the screaming and stopped chasing Nick. When he saw the bus moving, he ran back to it, climbed aboard, resumed his seat and brought the bus to a stop. By this time it had traveled between ten and twenty feet from where he had left it. Fortunately, no one was hurt as a result of this incident. When he resumed his seat on the bus, Respondent was overheard by students in the seats immediately behind his to comment to himself words to the effect, "I'm going to get him and break his neck. He called me Nigger." When this matter was reported to the appropriate authorities, an investigation was conducted into the allegations which investigation confirmed the substance of those matters alleged. According to the Pinellas County Schools' Director of Transportation, Mr. Fleming, himself an African-American with many years experience in public school transportation, both with this agency and in Maryland, Respondent's actions were not appropriate. The most important figure in the bus driver program is the driver. He or she must control the bus and the students and remain with the bus at all times to insure the safety of the students. Mr. Fleming has handled situations similar to that shown here in a much different way. When a student commented about him in a racially derogative way, he returned the bus with the student aboard to the school and took the student to the principal for appropriate action. Mr. Fleming considers the proposed action in this case to be appropriate to the circumstances. The allegations in this matter were investigated by James Barker, an administrator with the Board's Office of Professional Standards, who found Respondent's misconduct to be so serious as to jeopardize the safety of the students entrusted to him. This constituted a severe lapse in judgement on the part of the driver and amounted to employee misconduct in office which justifies dismissal under the provision of Board policy 6Gx52-5.31, Section 1v.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the School Board of Pinellas County sustain the Superintendent's action of June 5, 1996 suspending Respondent without pay and, further, dismiss him from employment with the Board. DONE and ENTERED this 2nd day of December, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 2nd day of December, 1996. COPIES FURNISHED: Kieth B. Martin, Esquire Pinellas County Schools 301 Fourth Street, Southwest Post Office Box 2942 Largo, Florida 34649-2942 Mr. Larry Jackson 1482 Franklin Street, Apt 7 Clearwater, Florida 34615 Dr. J. Howard Hinesley Superintendent Pinellas County Schools 301 Fourth Street Southwest Post Office Box 2942 Largo, Florida 34649-2942 Frank T. Brogan Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32399-0400 Michael H. Olenick General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
Findings Of Fact At all times pertinent to the issues herein, Respondent, School Board of Hillsborough County, operated a school bus system for students attending the public schools run by it within the county. The program was and is administered by several different route coordinators who are authorized to hire the drivers for the buses operated on their routes. In September, 1985, Petitioner, William D. Gibbs, who had previously been working as a pipe fitter since 1972, applied for employment as a school bus driver in the Brandon area, for which Rosa Irene Barrow was the route coordinator. Mr. Gibbs could no longer perform the duties of a pipe fitter as a result of a work-related injury to his left knee incurred in 1984, but was fully capable of operating a bus. When he determined he could no longer work at his former trade, he began looking for other work, with a government agency, preferably, because of the benefits offered by most governmental employers. He applied for several county jobs and with the School Board with whose Job Line he kept in frequent contact. Mr. Gibbs submitted his written application for employment as a school bus driver in September, 1985, at which time he spoke with Ms. Barrow, discussing with her all aspects of his qualifications for employment as a school bus driver. One of the matters they discussed was the need for the applicant to have an appropriate place to park the bus when it was not in use. Petitioner assured her he had plenty of room to park it on the 9/10 acre grounds of the day care center his wife operated. Though Ms. Barrow claims she told Petitioner she didn't think a day care center was an appropriate place to park a school bus, it is found she made no comment to him regarding the suitability of the site he mentioned, nor did she give him any idea of whether or when he might be hired. Instead, she set up the required tests he had to take. Petitioner took and passed the required tests and was certified as qualified to drive a school bus. Several days later he spoke with Ms. Barrow who told him that they were not hiring drivers at that time, but to call back later on. Just about this same time, Mr. Gibbs also put in an application with the County's public bus system, (Heartline), and went to work there in January, 1986. He successfully completed his training program in February, 1986, and was assigned to work driving a bus, but quit before his probationary period was up because of abuse he received from his passengers and the danger of bodily harm. He was also accused of a fare impropriety but was later exonerated when the accusation against him was found to be based on a case of mistaken identity. When Mr. Gibbs left Heartline, he went to work for his wife at the child care center she operates, and still works there performing maintenance, running errands, working at the reception desk, and, periodically, driving the center's van. In May, 1986, he had another conversation with Ms. Barrow about his application for employment as a driver. Again he was advised that the county was not taking on any new school bus drivers. During the course of their conversation, Ms. Barrow asked Petitioner why he wanted to drive a school bus. Reportedly, she stated it was her experience that most men were not temperamentally suited to drive a school bus because they were over-aggressive in discipline. Ms. Barrow denies she said this, claiming that since he owned and operated a day care center, she felt he would be more likely to know what the problems were in dealing with children. If she did make that or a similar comment, however, she claims it was because the job is not for a lot of people and she tries to tell all her applicants that. In light of this and her testimony at hearing that she discusses with potential drivers the kind of behavior they can expect from the children, and the other less desirable working conditions which can be encountered, it is found that a comment such as is alleged by Petitioner could well have been made. In that regard, however, Petitioner admitted at hearing that the remark, instead of referring to "most" men, might have been "some" men. On this occasion, however, no judgement or other comment was made regarding Petitioner's proposed bus parking spot. After this second conversation with Ms. Barrow, Mr. Gibbs became suspicious of possible discrimination because of her comment about male temperament, but he had no real proof of that and did nothing. She again told him to call back in September, 1986, and when he did, he was met with the same response: they were not hiring but to call back in six months. When he did, he was again put off and told to call back at the end of the school year. This routine continued until he called in January, 1988, and spoke with Ms. Strickland, the route coordinator for another area, thinking chances of his success might be greater with another supervisor. When he identified himself and told her why he was calling, she told him that his September, 1985 application was no longer any good: employment applications were kept open only for 30 to 60 days, after which they are retired. Petitioner's application was kept on file, however, and was presented at the hearing in April, 1990. When, during discovery prior to hearing, Petitioner's counsel requested copies of all applications for driver positions from 1985 to the present, he was furnished with only those from 1989 to the present with the comment that all others were not available. Inquiry of administrative officials at the Board offices revealed such records were kept only one year before being retired and, apparently, no one could indicate where or under what conditions older documents were maintained. When Mr. Gibbs was told about his application by Ms. Strickland, feeling certain he was being discriminated against, he immediately filed his complaint of discrimination. Petitioner met, in his opinion, all the requirements to be a school bus driver. He lived in the area in which he proposed to drive; he was certified as a school bus driver; he passed all the tests given him; and, as he saw it, he had an appropriate place to park the bus. It is on this issue of an "appropriate" place to park that this matter turns. Ms. Barrow felt at the time of Petitioner's application, and believes to this day, that a child care center, with the frequency of ingress and egress traffic, and the presence of many young children, is not an appropriate place to manipulate and park a large bus. Even though she was initially mistaken as to the actual site in question, she had the correct site checked out by Mr. Saffold, her driver trainer and accident investigator, and checked it herself several times. Mr. Saffold, after numerous visits to the site, found it to be not appropriate for parking a bus due to the number of trees on the site and the other cars routinely parked there. In addition, there is a circular drive which gives little room for maneuvering. Ms. Strickland also went out to see Petitioner's site, and she, too, found it unacceptable for much the same reason cited by Mr. Saffold; the trees, the lack of maneuvering room, and the on- property traffic due to pick ups and drop offs. Ms. Barrow concluded that a day care center, with its heavy traffic of people coming and going, was not an appropriate place to park a 35 foot bus. She told Petitioner that he should find an "appropriate" parking place within a reasonable distance of his residence, such as at a church or other off-street facility. There is no central bus parking compound at Ms. Barrow's facility. There is, as Petitioner contends, ample space at the side of his facility to physically locate the bus when parked. That is not the basis for disapproval. The appropriateness of the site is, however, and the question of appropriateness is a subjective one with the decision on what qualifies and what does not left up to the route coordinator. Ms. Barrow, the coordinator for the area in which Petitioner applied, concluded the site proposed by Petitioner to park the bus was not appropriate. In this conclusion she was joined by another coordinator, Ms. Strickland, and a driver trainer and accident investigator, Mr. Saffold. In light of the evidence presented and the considerations pertaining, it cannot be said her conclusion was wrong. Within the Board's school bus operation, there are 12 route coordinators, none of whom are male, who supervise a total of in excess of 700 drivers. Within Ms. Barrow's area, she supervises 67 drivers, each of whom has between 2 and 4 daily runs. Each run is made up of 1, 2, or 3 schools. Drivers are hired, initially, as substitute drivers who fill in on an "as needed" basis for regular drivers. The substitute driver position is a part-time job which lasts for 10 instead of 12 months of the year. No set amount of working hours can be guaranteed. The average substitute driver works from 6.5 to 7.5 hours per day. Whereas regular drivers are guaranteed 6 hours work per day, substitute drivers get no guaranteed minimum and are paid only for the hours they actually drive. Substitute drivers may remain in that category for between 6 and 18 months. Regular drivers are hired from the ranks of substitute drivers. Driver criteria include a good driving record; completion of the 10th grade; and an "appropriate" place to park the bus. Board personnel consider the most critical of these to be the place to park the bus. It must be a safe, off- street location, and the problem of finding a suitable parking space is becoming more and more difficult. Of the 67 drivers under Ms. Barrow's supervision, 3 are male. During the 9 years she has served as a route coordinator, she has hired 3 or 4 male drivers. However, she gets very few male applicants and this is the basis for the low number of drivers. Ms. Strickland has 6 or 7 male drivers out of 68 full time and 11 substitute drivers. Of the applicants for drivers in her area, 3% to 4% are male. Mr. Saffold, who has worked for Ms. Barrow since March, 1981, has never found her to in any way discriminate against men. As a part of his job, he periodically goes out with the route coordinator to check on proposed parking sites for buses. On the 3 or 4 times he has done this, he has found the site to be inappropriate twice. Petitioner claims that the inappropriateness of his proposed parking site was not made an issue until after his complaint was filed. According to Mr. Saffold, it has been the continuing policy in Ms. Barrow's area to check the proposed parking site before giving the required tests to driver applicants. In the instant case, this was not done. Petitioner claims reimbursement for back pay. He filed his charge of discrimination on April 4, 1988. Any back pay due would then begin to accrue no earlier than April 3, 1986, two years prior to the filing of the charge. After being told there was no employment available for him at Respondent's Brandon bus barn, Petitioner took a job with the city bus line, Heartline, in January, 1986 and resigned in June, 1986. He earned $5.25 per hour during the entire time he was so employed. After leaving the city, he went to work at his wife's day care center where he earned $7.00 per hour and is still employed at $7.20 per hour. The job at Heartline, driving a city bus is clearly equivalent to that of driving a school bus. His duties at the day care center include periodic bus driving but is primarily of an administrative or maintenance nature and cannot reasonably be considered "substantially equivalent" to those of a school bus driver. Petitioner admits that after leaving Heartline, he did not inquire about or apply for other driving positions. Petitioner has requested attorney's fees and costs in the amounts of $22,500.00 and $1,471.85, respectively. Attorney LaPorte, testifying on behalf of Petitioner, indicated the Respondent's hourly fee of $150.00, when considered in light of his extensive experience and the considerable amount of research and preparation required herein, was not unreasonable. There was no evidence on the part of the Respondent to dispute Petitioner's claim and it is accepted as proven. The costs detailed in the exhibit attached to Respondent's post-hearing memorandum is also considered reasonable and is accepted.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner's Petition For Relief, alleging unlawful discrimination on the basis of sex, be dismissed. RECOMMENDED this 1st day of June, 1990, in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 1990. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 89-2016 The following constitutes my specific rulings pursuant to S 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: Petitioner submitted two Proposed Recommended Orders - a long form and a short form. Both contain proposed findings of fact which are identical. The difference in Proposed Orders relates to the legal discussion which pertains to the proposed Findings of Fact. Proposed Findings 1 - 12 related primarily to procedural matters leading up to the final hearing. Finding of Fact 13 consists of several paragraphs which, for the purposes of this discussion, shall be re-numbered 13(a) through 13(m). 13(a). Rejected as not a proper Finding of Fact. The "concession" regarding liability appears to have been a part of proposed settlement negotiations and cannot be considered binding as to Findings of Fact after hearing which are based on evidence presented at the hearing. Attorney's fees are considered reasonable. 13(b). Accepted and incorporated herein. 13(c). Accepted and incorporated herein. 13(d). Accepted. 13(e). Accepted and incorporated herein. 13(f). Accepted and incorporated herein. 13 (g). Accepted and incorporated herein except for last sentence which is a restatement of evidence and not a Finding. 13 (h). Statistical information contained is accepted and incorporated herein. The balance, relating to the establishment of a prima facie case of discrimination is not a Finding of Fact, and is not supported by the evidence. 13(i) Rejected. 13(j). Accepted as to the facts but rejected as to Petitioner's conclusions as to the foundation for an adverse inference. 13(k). Accepted. 13(l). Accepted. 13(m). Accepted. FOR THE RESPONDENT: 1. & 2. Accepted and incorporated herein. 3. & 4. Accepted and incorporated herein. Accepted and incorporated herein. - 8. Accepted and incorporated herein. Accepted. & 11. Accepted and incorporated herein. Accepted and incorporated herein. Accepted. & 15. Accepted and incorporated herein to establish that Ms. Barrow made some comment about "some" or "most" men not being emotionally suited for drive a school bus. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. Accepted. COPIES FURNISHED: Robert H. Mackenzie, Esquire 17 McKendree Dr. Wesley Chapel, Florida 33544 Ronald W. Fraley Thompson, Sizemore & Gonzalez, P.A. 109 North Brush Street, Suite 200 P.O. Box 639 Tampa, Florida 33601 Donald A. Griffin Executive Director Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570 Dana Baird General Counsel 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570 Margaret Jones, Clerk Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570
The Issue The issue in this case is whether Petitioner has just cause to terminate Respondent's employment as an educational support employee.
Findings Of Fact Mr. Denson first became employed with the School District in May 1992 as a helping teacher at a behavioral school. He was transferred to attending the disciplinary room and remained in that position until 1996, when he resigned to take a position at a juvenile prison. The new job fell through, and he became reemployed with the School District in 1997. He remained employed with the School District until May 30, 2005, when he resigned to work in the private sector as an air- conditioner technician. In April 2006, Mr. Denson became employed with the School District as a bus driver. Pursuant to the Support Personnel Association of Lee County Collective Bargaining Agreement (SPALC Agreement), Mr. Denson is an annual contract employee. On or about July 31, 2006, at approximately 1:28 p.m., Mr. Denson was driving school bus number 533 south on Southeast 8th Place in Cape Coral, Florida. He was doing a dry run or practice run of the school bus route for which he had bid to make sure that he could make the trip in the time allotted. There were no students in the bus. Neither the horn nor the radio on the bus was functional. A maintenance crew was working at a residence located at 3138 Southeast 8th Place in Cape Coral. A black Ford F150 truck with a trailer belonging to the lawn maintenance company was parked on the side of the road, blocking the road. As a result, Mr. Denson could not pass the truck with the school bus he was driving. Erick Baker, one of the lawn maintenance workers, was at the trailer putting up some equipment and putting on a backpack, wand-type weed sprayer containing Ortho Weed-B-Gone, a chemical weed killer. The wand of the sprayer is about two feet long and is activated by pressing a trigger. Mr. Denson signaled with his hands for someone to move the truck. Mr. Baker signaled to Mr. Denson, suggesting that he was not the driver and to wait a moment. Mr. Baker began to walk toward the house while spraying weeds. Mr. Denson opened the bus door and yelled that he needed to have the truck moved so he could proceed with his route. Mr. Baker continued to spray the weeds. Mr. Baker may have not heard Mr. Denson because one worker was operating a leaf blower and another was operating a riding lawn mower. Mr. Denson then exited the bus and approached Mr. Baker, who had his back to Mr. Denson. Mr. Baker, with the sprayer wand in his hand, turned toward Mr. Denson. The wand was pointed in the direction of Mr. Denson's face, approximately six to 12 inches away from Mr. Denson's eyes and mouth. Mr. Denson felt threatened, knocked the sprayer away, and struck Mr. Baker in the head. Mr. Baker never sprayed Mr. Denson with the chemicals in the sprayer. Mr. Denson claims that he struck Mr. Baker in self- defense, stating that when Mr. Baker turned around, Mr. Denson told him he needed to get the sprayer out of his face and that Mr. Baker replied that he would "spray Mr. Denson's ass." Mr. Baker denies saying that he would spray Mr. Denson. Mr. Baker's testimony is more credible. The two men fell to the ground with Mr. Denson on top of Mr. Baker. Mr. Denson hit Mr. Baker in the forehead again. Mr. Baker never struck Mr. Denson. Another worker with the maintenance crew grabbed Mr. Denson and pulled him off Mr. Baker. Mr. Denson returned to his bus and used his cell telephone to contact the Transportation West Zone Office of the School District to report the incident. Mr. Baker called the police to report the incident. After the altercation, Mr. Baker told Mr. Denson that he should have sprayed Mr. Denson. Officer B. W. Kearney of the Cape Coral Police Department was dispatched to the scene. Officer Kearney completed an Incident/Investigation Report, indicating that he was dispatched to a battery. In the report, Officer Kearney stated that Mr. Denson admitted punching Mr. Baker; however, Mr. Denson felt he acted in self-defense. Officer Kearney noted that Mr. Baker had no visible injuries and declined medical attention. Mr. Baker did not press charges, and Mr. Denson was not arrested. In response to Mr. Denson's call, Dale Maybin, assistant supervisor of the Transportation West Office, reported to the scene of the incident where he spoke with Officer Kearney. Mr. Maybin later submitted an Investigation Request form along with a written statement to the Department of Professional Standards and Equity. Mr. Denson was informed via certified letter dated August 7, 2006, from the superintendent that he was being suspended with pay pending the outcome of the School District's investigation into the matter. In accordance with Section 7.09 of the SPALC Agreement, a predetermination conference was scheduled with Mr. Denson for October 26, 2006, to review the allegations and to give Mr. Denson an opportunity to respond. Mr. Denson was advised of the conference via certified letter dated October 11, 2006, from Dr. Gregory K. Adkins, executive director of Human Resources and Employee Relations. The letter included a copy of the School District's investigative file. The predetermination conference took place as scheduled and was attended by Mr. Denson and Suzan Rudd, Island Coast FEA Service Unit director. Mr. Denson and Ms. Rudd were given an opportunity to address the allegations. Subsequent to the predetermination conference, a determination was made that probable cause existed to discipline Mr. Denson for his conduct. A certified letter dated October 30, 2006, was sent to Mr. Denson, advising him of the probable cause determination. The letter also advised that a recommendation would be made to the superintendent that Mr. Denson be terminated from his employment with the School District. By letter dated November 8, 2006, Robert J. Coleman, Esquire, advised the School Board's attorney that he had been retained to represent Mr. Denson. A Petition for Termination of Employment (Petition) was prepared, and a copy was forwarded to Mr. Denson's attorney on November 9, 2006. The Petition advised that the matter of Mr. Denson's termination was scheduled to be heard by the School Board on December 5, 2006. On November 13, 2006, Mr. Denson's attorney forwarded a letter to the School Board's attorney requesting a formal administrative hearing regarding the matter of Mr. Denson's termination. On December 5, 2006, the Petition was heard by the School Board. At that time, Mr. Denson was suspended without pay pending the outcome of a hearing to be conducted by the Division of Administrative Hearings. The School Board has a "zero" tolerance policy for threats of violence made by staff of the School District as set forth in Policy 2.71. The School Board has also adopted Policy 4.10, requiring employees of the School District to be in compliance with state and federal laws and with certain ethical standards. School District Administrative Regulation 2.61(1) provides: All employees are expected to exemplify conduct that is lawful and professional and contributes to a positive learning environment for students. All employees are expected to meet the specific standards as described in the Employee Handbook(s), negotiated contracts, the Principles of Professional Conduct for the Education Profession in Florida as described by State Board of Education Rule, and all local State and federal laws.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Lee County School Board enter a final order finding that just cause exists for termination of the employment of Mr. Denson and dismissing Mr. Denson from his employment as a school bus operator with the School District. DONE AND ENTERED this 18th day of April, 2007, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 18th day of April, 2007.
