The Issue Whether Respondent has committed an unlawful employment practice in violation of Chapter 760, Florida Statutes, and if so, what remedy should be ordered?
Findings Of Fact Petitioner is a Caucasian male born December 30, 1952. At present he is 54 years old. Petitioner holds a bachelor's degree in criminology from Florida State University, which he obtained in 1976. He also holds a juris doctorate from Florida Coastal School of Law, obtained in December 1999. In between these two degrees, Petitioner's employment history, included with his application for employment with the School District, indicates that in 1976 he worked at Graham's Dairy farm; from 1979-1980, he worked in telephone communications doing telephone installation, repair, and telephone cable splicing for an unknown employer; and in 1981 he worked for GTE of Florida performing telephone installation and repair. In 1985 Petitioner was the operations manager for Ocala Mack Sales, handling small claims and tag and title work. In 1989, he returned to the telephone industry, splicing cable. There is no indication of the time frame or duration of each job. No credible explanation was given for the significant gaps in his work history, or the reasons for leaving the various jobs listed. Beginning in 1993, Petitioner substituted for a three- month period at Fort King Middle School in Ocala, Florida. This three-month period is the only experience in the education field that Petitioner possesses. That same year, Petitioner began taking additional classes at the community college level part time in an effort to go to medical school. He also stayed home caring for his children. When he was unsuccessful in getting admitted to medical school, he turned his efforts to law school. Beginning in 2001, after graduating from law school and passing the bar exam, Petitioner worked as an attorney for the Department of Children and Families. In April 2004, he resigned in lieu of termination.1/ After an eight-month period of unemployment, he was hired in November 2004 as a corrections officer with the Florida Department of Corrections, and remains in that position today. In 2004, Petitioner began applying for teaching positions in Marion County. To that end, he has applied for and received Statements of Status of Eligibility from the Florida Department of Education indicating that he is eligible for a temporary certificate in the areas of chemistry and biology, grades 6-12, for the period June 22, 2004, through June 22, 2007. The job description for a teaching position in the School District indicates that a candidate must have a bachelor's degree from an accredited institution and be certified by the State of Florida or have district vocational certification. School District Policy 6.10 requires that all personnel be appointed as prescribed by Florida Statutes and applicable rules of the School Board and the State Board of Education. The job description also lists the following in terms of required knowledge, skills and abilities: Knowledge of child growth and development, especially of characteristics of children in the age group assigned. Knowledge of prescribed curriculum. Knowledge of current educational research. Basic understanding and knowledge of use of current technology. Knowledge of learning styles and skill in using varied teaching methods to address student learning styles. Skill in oral and written communication with students, parents, and others. Ability to plan and implement activities for maximum effectiveness. Ability to effectively assess levels of student achievement, analyze test results, and prescribe actions for improvement. Ability to maintain appropriate student supervision so that students have a safe and orderly environment in which to learn. Ability to work effectively with peers, administrators, and others. Certification by the Department of Education in the subject matter to be taught is generally required. The School District may waive certification in a particular area only when there is a critical need for teachers in that area and there are no certified teachers available. Even in that instance, the School District usually looks for a closely related certification area. For example, when trying to fill special education positions, the School District will look first for applicants certified in reading if no one certified in special education is available. In addition to certification for individual subject areas, a teacher may obtain what is referred to as a middle grades integrated certification. Someone with this certification is preferred over other applicants in a middle school setting, because they can teach science, social studies, language arts and math, giving principals more flexibility in filling positions that might include teaching in more than one area. Petitioner does not hold a middle grades integrated certification. Petitioner has applied for 32 science teaching positions, two biology positions and one chemistry position in the School District. In addition to these 35 science-related positions, Petitioner has applied for 47 additional teaching positions in the reading and exceptional education, areas for which he understands there is a critical need, and in criminology and legal systems, areas where he believes he has practical experience. Because he is not certified in these areas, they would be considered out-of-field. Petitioner could only be considered for those positions in the event that there was no qualified and appropriately certified candidate available. He has also applied for approximately 50 other positions for which he is not certified. Petitioner has received five interviews for positions within the Marion County School District. He has received no offers of employment. The School District fills vacancies for teachers in several different ways. A person already working as a teacher in the School District may request a transfer, for example, to a different subject area for which they are qualified or to a different school. Under the teachers' collective bargaining agreement with the School District, that teacher is automatically considered as the preferred candidate for any vacancy consistent with their request, unless the principal at the hiring school presents a compelling reason why they should not be hired. Under these circumstances, no vacancy would be advertised. The School District also encourages applicants to participate at an annual district-wide Job Fair. At that Job Fair, principals at different levels (high school, middle school, elementary school) are available to conduct interviews. Candidates do not necessarily interview for particular positions; they interview with whatever principals are available. Finally, applicants may be called to interview with principals for openings at individual schools, should there not be a qualified applicant requesting a transfer or under "conditional contract" with the District. Conditional contracts will be discussed in more detail below. During interviews at the Job Fair, principals use standardized interview questions that have been approved by the School District. The standardized interview questions have eight categories of questions based upon qualities one would expect to find in a teacher: 1) likes kids; 2) dependable; 3) content knowledge; 4) ability to manage; 5) motivation; 6) positive attitude; 7) team player; and 8) communication. The interviewer selects a question from each category to ask the applicant, and awards one to three points per question, based on whether the answer exceeds expectations, meets expectations or does not meet expectations. The highest total score an applicant can receive based on his or her answers to these questions is 24. Principals may only choose from the questions provided. They may clarify a question should an applicant ask them to, but they may not ask other questions. If the principal is favorably impressed by an applicant and has a vacancy at his or her school in the area for which the applicant is certified, the principal may offer that applicant a position at the interview. If they have no such position available but think the candidate would be a good hire for the School District, they may offer what is referred to as a conditional contract. A conditional contract does not entitle the applicant to a job. However, as vacancies arise within the School District, if there are individuals with conditional contracts that are qualified for the vacancies, those individuals are referred to the hiring principal for consideration. The hiring principal chooses from among those candidates with conditional contracts, and if there is only one such candidate, he or she would, absent extraordinary circumstances, get the job. Petitioner participated in the School District's Job Fair in June 2006. He was interviewed by Lisa Krysalka, the principal at Belleview Middle School. When Petitioner appeared for his interview at the Job Fair, he was not wearing a suit and did not bring a resume. Ms. Krysalka's notes reflect that he did tell her he had served as a substitute 10 years before. Based on his answers to the standardized questions, Ms. Krysalka gave Petitioner an overall score of nine. She ranked his answers as not meeting expectations for eight out of nine questions. Her scoring was reasonable in light of the answers he gave. For example, when asked to describe his classroom management plan, Petitioner indicated that he had no plan because he did not have problems with discipline. When Petitioner was asked how he would get his students excited about entering the classroom, he stated that most kids are excited already, and he would have a plan (although unspecified) and stick to it. Other answers he gave were either not responsive to the questions asked or did not relate to a school setting or to work with children. Ms. Krysalka felt some of Petitioner's responses were unrealistic and showed that he was unprepared to teach middle school in today's climate. Ms. Krysalka's assessment is reasonable. Petitioner's answers to these standardized questions do not demonstrate that he possessed the knowledge, skills and abilities required to perform as a teacher in the Marion County School District. Petitioner interviewed at individual schools outside the purview of the Job Fair. None of those interviews resulted in offers for a teaching position. While Petitioner testified that he has applied for dozens of positions, he presented evidence regarding only seven of those positions. The qualifications for the successful candidates for the positions are listed below. Petitioner admitted at hearing that he had no personal knowledge as to the qualifications of any of these candidates. He simply felt that, given the number of positions for which he applied, the only reasonable explanation for his not getting a teaching position was his age. Matthew Bates was born in 1981, and is younger than Petitioner. He has a B.A. in history and is working on his master's degree in educational leadership. He has passed the M/J Integrated Certification exam. Bates was originally hired in September 2005 at Dunellen Middle School for a "split" position, teaching both seventh grade science and language arts. Mr. Bates requested and was granted a transfer within the School District under the collective bargaining agreement to fill a vacant seventh grade science position at the same school. Consistent with the School District's collective bargaining agreement, no other candidate was considered or interviewed. Petitioner has not established that he is equally qualified or more qualified than Mr. Bates for the position sought. Ronald Long was born in February 1981, and is younger than Petitioner. Mr. Long was selected for a science position at Forest High School. He holds a B.S. degree in biology; served as a substitute teacher for the School District during the 2003-2004 school year, and was an assistant and junior varsity basketball coach at Trinity Catholic High School during that time. Mr. Long's resume also indicates that he has worked with the Boy Scouts and several basketball teams at both the high school and college level. Based on his interview and experience, Milford Lankford, the principal at Forest High School, believed Long to be the better qualified candidate. Petitioner was interviewed for the position at Forest High School. At the time of his interview, Mr. Lankford was filling two positions in the science department. The first position was filled by Mr. Downs, who was 63 years old at the time he was hired. However, based on his interview, Mr. Lankford did not feel that Petitioner had the skills necessary to be successful in the classroom. His impression was confirmed after Petitioner interviewed with his assistant principal, Ms. Bounds. Mr. Lankford had eliminated Petitioner from consideration by the time he offered the second position to Mr. Long. In any event, his determination that Mr. Long was better qualified for the position is reasonable. David Mahfood, was born in 1983 and is younger than Petitioner. He was selected for a physics position at one of the high schools in the School District. The position required that the applicant be highly qualified in and certified to teach physics, and Mr. Mahfood met those qualifications. Petitioner is not certified in physics, as required for this position. Bret Mills, born in 1982, is also younger than Petitioner. He has a middle grades integrated certification. Mr. Mills holds a B.S. in animal biology and while his resume does not reflect any teaching experience, it does reflect experience working with children in church and little league, as well as working as a literacy program leader while at the University of Florida. Mr. Mills' certification was preferable for the position being advertised. Petitioner did not establish that he was equally or more qualified than the successful candidate for this position. Michael Orloff was hired for a seventh grade science position at West Port Middle School. Mr. Orloff was born in 1958, and is four years younger than Petitioner. He has a B.S. in marketing with a minor in chemistry. He was interviewed by Greg Dudley, the principal of West Port Middle School during the Job Fair. Based upon a favorable interview, he was offered a position at that school in accordance with School District policy. There is no evidence that Mr. Dudley even knew of Toms' application at the time that he offered Mr. Orloff the job. Mr. Richard Williams was born in 1971, and is younger than Petitioner. He was offered a position teaching science at Howard Middle School. Mr. Williams holds a B.S. degree in biology and a master's degree in environmental management. He also has experience as a resource teacher with Eckerd's Youth Alternatives and served in the Peace Corps as a forestry extension agent. Mr. Williams originally worked beginning in September 2005 as a substitute teacher at Howard Middle School. He participated in the 2006 Job Fair and interviewed with the incoming principal at Howard Middle School. Based on his outstanding scores on the Job Fair Interview, he was offered a job immediately. Petitioner was not a candidate brought to the attention of the hiring principal at the time of the Job Fair. As previously indicated, Petitioner's interview scores at the same Job Fair were not impressive. Unlike Petitioner, Mr. Williams' degrees and experience are in fields related to the area he was hired to teach. Mr. Williams was the more qualified candidate for the position for which he was hired. Finally, Kristen Wood was born in 1982 and is younger than Petitioner. She was hired to teach agriculture and biology. Ms. Wood graduated from the University of Florida with a major in agricultural education and had a teaching internship in agriculture. She was also certified to teach in both biology and agriculture, and had significant experience with the Florida Future Farmers of America Association. Petitioner is not certified in agriculture and had less experience related to education. Ms. Wood was the more qualified applicant for the position sought.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered dismissing Petitioner's complaint and denying Respondent's request for attorney's fees and costs. DONE AND ENTERED this 17th day of August, 2007, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 17th day of August, 2007.
The Issue Whether the Respondent's teaching certificate should be disciplined for alleged acts of misconduct as set forth in the Administrative Complaint, dated November 7, 1995, in violation of Section 231.28, Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B 1.006, Florida Administrative Code.
Findings Of Fact Respondent holds Florida Educators Certificate 614756, covering the areas of Early Childhood Education, Elementary Education, Specific Learning Disabilities, and Emotionally Handicapped. The certificate is valid through June 30, 2000. At all times relevant, the Respondent was employed as a Specific Learning Disabilities resource teacher at Merritt Island High School in the Brevard County School District. Beginning in 1992 and continuing through March, 1994, Respondent engaged in a series of sexual relationships with C.M., R.B., D.L., and J.C., four minor male students at Merritt Island High School. The sexual activity involved masturbation and oral sex which took place during and after school, at various locations on the school campus, including Respondent's classroom at Merritt Island High School. Sexual activity also took place in Respondent's vehicle while at the beach. In exchange for the sexual favors, Respondent gave the students money, clothing, food, and other items. When Respondent's relationships with these students became public knowledge, she requested a personal leave of absence from school beginning April 4, 1994 through June 6, 1994. During the 1994 1995 school year, Respondent was placed in a nonstudent contact position. On or about August 24, 1994, Respondent was arrested and charged on 40 counts of Sexual Battery on a Minor by a Person in Custodial Authority. Eventually, additional charges were added for a total of 101 counts in four separate cases. Respondent pled Not Guilty to all counts in the Circuit Court for Brevard County, Florida. Thereafter, all four cases were tried together before a jury. On or about August 26, 1995, following the jury trial in the circuit court, Respondent was found guilty on 64 of the 101 Counts in the four cases, as follows: In Case Number 94A: 23 of 37 counts of Sexual Activity with a Minor by a Person in Custodial Authority: In Case Number 94 A: 34 of 47 counts of Sexual Activity with a Minor by a Person in Custodial Authority; In Case Number 94A: 2 of 2 counts of Sexual Activity with a Minor by a Person in Custodial Authority: and In Case Number 65A: 4 of 10 counts of Sexual Activity with a Minor by a Person in Custodial Authority and 1 of 1 counts of Lewd and Lascivious Act upon a Minor. Following the convictions on the 64 counts by the jury, the Court revoked Respondent's bail and she was remanded to the custody of the Brevard County Sheriff pending sentencing. Following her conviction, Respondent was placed in a no pay status, as absent without leave, with the school district for the 1995-1996 school year. Respondent was subsequently terminated from her employment with the school district. On or about October 5, 1995, the Circuit Court adjudicated the Respondent guilty of the 64 felony counts and sentenced her to serve 10 years in custody, followed by 15 years of supervised probation. Following the first twelve months after her release from prison, Respondent is to pay the cost of her supervision. Special conditions of Respondent's probation include the following: Undergo psychiatric treatment/mental heath counseling for sex offenders and such other psychiatric treatment/mental health counseling as directed. Have no contact with the victims or their families. Have no contact with any male child under the age of 18 years without the child's parent or guardian being present; and Not engage in any employment or volunteer activities, paid or unpaid, which place her in a position of supervision or authority over children under the age of 18 years. Respondent is presently serving her sentence in the custody of the Florida Department of Corrections. Respondent is guilty of gross immorality and conduct involving moral turpitude. Respondent's misconduct seriously reduces her effectiveness as a teacher.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Respondent did violate the provisions of Sections 231.28(1)(c), (e), (f), and (i), Florida Statutes, and Rules 6B1.006(3)(a), (e), (g), (h), and (4)(c) Florida Administrative Code. It is further RECOMMENDED that a Final Order be issued permanently revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 18th day of March, 1997, 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 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 1997. COPIES FURNISHED: Carl J. Zahner,II, Esquire Office of the General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-1700 Lorene C. Powell, Esquire 118 North Monroe Street Tallahassee, Florida 32399-1700 Karen B. Wilde, Executive Director Education Practices Commission The Florida Education Center, Room 224B 325 West Gaines Street Tallahassee, Florida 32399 Michael H. Olenick, General Counsel Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399 Kathleen M. Richards, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2003),1 and Florida Administrative Code Rules 6B-1.006(3)(a), 6B-1.006(3)(h), and 6B-4.009(2), and, if so, what discipline should be imposed.
Findings Of Fact Mr. Ruffin holds Florida Educator Certificate No. 893557 for teaching mathematics. His certificate is valid through June 30, 2010. At all times relevant to the allegations in the Administrative Complaint, Mr. Ruffin was employed as a mathematics teacher at Dixie Hollands High School (Dixie Hollands) in the Pinellas County School District. During 2003, T.C. was an eleventh-grade student at Dixie Hollands. Mr. Ruffin tutored T.C. in mathematics over the summer of 2002 to prepare her for the Florida Achievement Test (FCAT). During the following school year, Mr. Ruffin developed a mentoring relationship with T.C., and T.C. became Mr. Ruffin's teaching assistant. Mr. Ruffin provided his cellular telephone number to all of his students, including T.C., in case they needed to contact him. On or about May 3, 2003, Mr. Ruffin was in his classroom with two other students during lunchtime. T.C. entered the room to speak to Mr. Ruffin because she was upset and sought advice. The other two students eventually left, and T.C. and Mr. Ruffin were in the room alone. T.C. shut the door, which contained a window covered by paper. School policy required that the doors remain locked, but propped open. After she shut the door, T.C. sat at the teaching assistant's desk, but soon started to cry and sat on Mr. Ruffin's lap. Mr. Ruffin and T.C. then hugged, and Respondent patted T.C. on her back. Both T.C. and Mr. Ruffin maintain that no other touching occurred during this incident and that T.C. was not on Mr. Ruffin's lap for more than 30 seconds. During the time period when T.C. was in the classroom with Mr. Ruffin, other students were looking into the classroom through a hole in the paper on the window. The hole in the paper was small, which allowed only one student at a time to look into the classroom through the hole. Approximately seven to nine students observed T.C. and Mr. Ruffin. The school has video cameras in the hallways, which recorded the students looking into the classroom for a period of several minutes. While observing from the hallway, the students witnessed T.C. sitting on Mr. Ruffin's lap behind the desk for several minutes. One student claimed she saw Mr. Ruffin rubbing T.C.'s leg; however, the student's testimony was not distinctly remembered and it was not precise and explicit. The students also saw T.C. going through some pictures from Mr. Ruffin's wallet. Mr. Ruffin acknowledged at the final hearing, that T.C. came around to his desk, sat on his knees, put her arm around his neck, and initiated a hug. He patted her on her back. At the final hearing, T.C. also acknowledged that she sat on Mr. Ruffin's knee and that he hugged her. T.C. denied that there was any inappropriate touching by Mr. Ruffin. One student, P.H., observed the encounter through the window. P.H. confronted T.C. about the incident and told T.C. that she could have gotten into trouble. T.C. told Respondent about the confrontation with P.H. P.H. then reported the incident to the School Resource Officer, Deputy Todd Pierce. Following the reporting of the events, Michael Bessette of the School Board's Office of Professional Standards investigated the incident. When Mr. Bessette spoke with Mr. Ruffin, Mr. Ruffin claimed that he did not have any other contact with T.C. after the incident and did not know whether or not the other students had confronted T.C. about it. Mr. Bessette then reported the incident to the principal, and the school district began an investigation. After speaking with all of the witnesses, T.C., and Mr. Ruffin, the School Board concluded that Mr. Ruffin acted inappropriately when he allowed T.C. to sit on his lap. Respondent's proper course of conduct when T.C. sat on his lap would have been to stand up and politely push T.C. away from him. Following the investigation, Mr. Ruffin signed a Stipulation Agreement with the school district where he agreed to a transfer to another school, a suspension without pay for 20 days, a retention of his annual contract for an additional year, and the designation of an "at will employee" for the 2004- 2005 school year. By signing the agreement, Mr. Ruffin also conceded that he was aware that his actions violated the Code of Ethics and the Principals of Professional Conduct of the Education Profession in Florida. Mr. Ruffin was transferred to Lakewood High School, where he is currently employed as a teacher. Mr. Ruffin has not been the subject of any other disciplinary proceedings since the incident giving rise to these allegations, and is an effective teacher at Lakewood High School.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Walter Ruffin violated Subsections 1012.795(1)(f), and 1012.795(i), Florida Statutes, and Florida Administrative Code Rule 6B-1.006(3)(a); suspending his teaching certificate for 30 days; and placing him on probation for three years. DONE AND ENTERED this 19th day of April, 2006, 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 19th day of April, 2006.
The Issue Whether Petitioner is entitled to participate in the Florida Retirement System (FRS) from January 1, 2000, through June 13, 2002, on the basis of his employment with Florida Community College at Jacksonville (FCCJ).
Findings Of Fact Petitioner, Robert Burns, has been employed as an adjunct instructor of FCCJ since March 1989. FCCJ is a member employer under FRS. Adjunct instructors traditionally have been employed by FCCJ on a class-by-class, semester-by-semester basis, and have no expectation of employment beyond any single semester. Petitioner knew this from his date of first hire. When Petitioner began work with FCCJ, all adjunct instructors were given a contract for each term and each course. This practice continued for all instructors and classes until the year 2000. Despite the semester-to-semester, repetitive contracts, occasionally Petitioner's courses were of a duration longer than one semester, and Petitioner was sometimes evaluated only on an annual basis. These evaluations were for purposes of certifying Petitioner and similarly situated adjunct instructional personnel for further semester contracts. At all times material, Petitioner taught on three campuses and taught college courses in biology and earth science; acted as a facilitator in the laboratory; and taught Adult Studies courses. At all times material, sixty percent of Petitioner's time was spent teaching Adult Studies courses. From 1989 until January 1, 2000, Petitioner was provided semester contracts for each of the three foregoing functions: college courses, lab facilitation, and Adult Studies courses. Every contract clearly acknowledged, in pertinent part, 3. This contract shall at all times be subject to any and all laws, Florida State Board of Education Rules and Florida Community College at Jacksonville Board of Trustees rules and regulations now existing or hereinafter lawfully enacted or promulgated. In furtherance thereof, the Contractor expressly agrees to become aware of and comply with all such applicable regulations, including but not limited to those addressing discrimination/affirmative action and sexual harassment. * * * The Contractor agrees and understands that he/she is not entitled to receive benefits made available by the College to its full-time employees. The Contractor further agrees and understands that his/her services are of a temporary nature, and that the College does not agree to provide the Contractor with any future employment or contract whether temporary, permanent or otherwise. The relationship hereby created between the Contractor and the College shall be deemed to have been voluntarily terminated by the Contractor upon the termination or expiration of this agreement. The Contractor agrees and understands that the compensation described herein is the entire compensation due to Contractor for performance of services pursuant to this contract. Specifically, Contractor agrees and understands that he/she shall not be entitled to wages or hours similar to those provided to College employees. * * * 9. The Contractor and the College understand and hereby agree that this contract does not and shall not be deemed to create an employment relationship. From January 1, 2000, through June 2002, Petitioner was not provided individual contracts for his Adult Studies classes, but was provided contracts for his other courses and lab facilitation work. In 2000, FCCJ began implementing a new computer system and, as a result, some adjunct instructors were not given individual contracts for each course. Adult Studies was one program area where time cards, rather than individual contracts, were used. No one at FCCJ ever told Petitioner that he had become a full or part-time employee, as opposed to an adjunct instructor. At various times during the period after January 1, 2000, Petitioner and other adjunct instructors approached Dean of Adult Studies, Lloyd Watkins, and asked him where their contracts were. The Dean inquired of FCCJ's Human Resources Department and was told there were too many contracts to do and so they would not be issued. It is not certain that Dean Watkins ever conveyed this information to Petitioner. However, throughout the period at issue, Petitioner used the time cards and understood that his employment was on a class by class, semester by semester basis. The issue of FRS benefits vis-á-vis independent contractor status did not arise until after Petitioner had been terminated.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Management Services, Division of Retirement enter a final order denying Petitioner's request to participate in FRS from January 1, 2000, through June 13, 2002. DONE AND ENTERED this 14th day of January, 2003, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of January, 2003. COPIES FURNISHED: Al Millar, Esquire 4627 Ocean Street Mayport, Florida 32233 Thomas E. Wright, Esquire Department of Management Services 4050 Esplanade Way, Suite 260 Tallahassee, Florida 32399-0950 Erin Sjostrom, Director Division of Retirement Department of Management Services Cedars Executive Center 2639 North Monroe Street, Building C Tallahassee, Florida 32399-1560 Simone Marstiller, General Counsel Department of Management Services 4050 Esplanade Way, Suite 260 Tallahassee, Florida 32399-0950
