The Issue The issue in this case is whether there is just cause for a ten-day suspension of Paula Prudente's employment with the Palm Beach County School Board.
Findings Of Fact Petitioner is a duly-constituted school board charged with the duty to operate, control, and supervise all free public schools within Palm Beach County Florida. Article IX, Florida Constitution; § 1001.32, Fla. Stat. Specifically, the School Board has the authority to discipline employees. § 1012.22(1)(f), Fla. Stat. Prudente started her employment with Petitioner in 1978. She was employed pursuant to a professional services contract. Respondent is currently a reading teacher at John I. Leonard Community High School. Terry Costa ("Principal Costa" or "Costa") is the principal at John I. Leonard and has been since 2005. She serves as Prudente's supervisor. During Prudente's employment, Costa received complaints regarding Respondent's email use. Teachers complained to Costa that Respondent did not use the email system according to the School District guidelines. On or about September 27, 2007, Costa gave Prudente a directive to refrain from communicating with the chair of the Reading Department in a negative manner through email and to direct concerns to Assistant Principal Howard or Costa.1 Prudente failed to adhere to the directive. Consequently, Costa issued Prudente a verbal reprimand with written notation for failure to follow administrative directives regarding the proper use of email on January 8, 2008. The January 8, 2008, verbal reprimand with written notation for failure to follow the administrative directive regarding the proper use of email during the school day stated: Specifically, you were given directives on September 27, 2007, to refrain from communicating with the chair person of the Reading Department via email, in a negative manner, regarding Reading Department concerns. You were further directed to email any and all department concerns to Terry Costa or Diane Howard. You are directed to cease such conduct immediately. Further, you are to desist from engaging in the same or similar conduct in the future. Failure to do so will result in further disciplinary action up to and including a recommendation for termination. Prudente signed the verbal reprimand on January 9, 2008. On October 1, 2008, Respondent emailed the faculty using "1361" without prior approval.2 Prudente's actions were contrary to the February 6, 2007, prior directive Principal Costa had given her to get permission before sending school-wide emails. On October 8, 2008, a Pre-Disciplinary Meeting was held. During the meeting, Principal Costa reminded Prudente that she had been directed not to email the faculty without going through Administration. Respondent's January 8, 2008, verbal reprimand for improper emails during the school day was discussed. At hearing, Prudente admitted that she had been told not to email the faculty by "1361" without going through administration, but she emailed anyway because the CTA Office had called her to help get teachers to vote. She said, "I know, I wasn't suppose to email the whole faculty, but it was for voting, contract voting I remember." Prudente was reprimanded on October 14, 2008, for violating the directive by Principal Costa. The written reprimand, which Prudente signed, stated: You failed to follow the administrative directive by continuing to use the school district email in a negative manner. You continued to email the faculty using the 1361 mail without an administrator's permission. You are directed to cease such conduct immediately. Further, you are to desist from engaging in the same or similar conduct in the future. Failure to do so will be considered gross insubordination and will result in further disciplinary action, up to and including a recommendation for termination. On November 4, 2008, Respondent sent some co-workers emails with cartoons depicting President-elect Barack Obama in a negative fashion. The politically charged emails offended several of the recipient staff members, who reported the offensive emails to Principal Costa. Retha Palmer, a math teacher, was one of the recipients of the November 4, 2008, email. She was offended by the content of the email. She responded to the email by saying, "I was wondering why would you send this to me? I thought we were friends. Are you confused? These cartoons seem to be very insulting to me, especially when I have a much different belief of Senator Obama. . . . If you can't or won't stop then maybe you should simply seek other environments for this type of harassment." Principal Costa provided the information about Prudente's email use to the Director of Employee Relations. Subsequently, District Police Officer Ezra Dilbert ("Dilbert") was assigned to investigate the allegations against the Respondent. Numerous other emails unrelated to work that Prudente sent were discovered but the School Board's Petition fails to include adequate charges of all the emails. Dilbert's report concluded that Prudente violated the School Board's policies regarding Employee Use of Technology and Political Activities on School Board Property. The matter ultimately was brought to the attention of the School Superintendent, who by letter advised Respondent that a determination had been made that there was "sufficient evidence to warrant [her] suspension without pay," and that he therefore would recommend such to the School Board. The School Board followed the School Superintendent's recommendation, and Prudente timely requested an appeal of the disciplinary action.
Recommendation Upon consideration of the Findings of Fact and the Conclusions of Law reached, it is RECOMMENDED that Petitioner enter a final order rescinding the ten-day suspension with back pay. DONE AND ENTERED this 24th day of January, 2011, in Tallahassee, Leon County, Florida. S JUNE C. McKINNEY 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 24th day January, 2011.
The Issue Did Respondent incorrectly score Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test?
Findings Of Fact On July 27, 2020, the undersigned conducted a properly noticed Pre- hearing Conference by telephone. Respondent participated. Petitioner did not appear. Afterwards, a Pre-hearing Order was rendered noting that Petitioner had not participated in the conference. The Division's docket for this matter does not indicate that the Notice of Hearing, Notice of Pre-hearing Conference, or Pre-hearing Order has been returned for any reason, including an incorrect address. The Initial Order in this matter referred Petitioner to the "Representing Yourself" document link on the Division's website. That document advises litigants, "If your address changes, be sure to notify the Division in writing so that you can be properly notified about the hearing date and receive your copy of the Recommended Order." On August 3, 2020, at 2:40 p.m., the Division received the Confidentiality Order rendered July 17, 2020, from the post office with the notation, "Not Deliverable as Addressed." This is the only order that has been returned as undeliverable. On August 4, 2020, the assistant to the undersigned emailed Petitioner to advise him the Confidentiality Order had been returned and requested a current address. He provided a post office box address in Highland, New York. Petitioner's Request for Hearing provided an address in Odessa, Florida, which was used for delivery of all orders rendered in this matter. This Recommended Order is being sent to the Odessa address and the Highland, New York, address to ensure that Petitioner receives the Order. Petitioner did not appear at the final hearing conducted on August 3, 2020, which was noticed on May 14, 2020. Petitioner did not contact the office of the undersigned about any difficulty participating. Respondent's counsel advised that she had not had any recent communications with Petitioner. As of 9:30 a.m., August 3, 2020, Petitioner had not appeared for the hearing or contacted the office of the undersigned. Petitioner also had not provided any notice of a change in address. The undersigned adjourned the hearing at 9:30 a.m.
Recommendation For the foregoing reasons, it is RECOMMENDED that Respondent enter a final order denying Petitioner's challenge to the scoring of Petitioner's Florida Teacher Certification Examination for Physical Education K-12 Test. DONE AND ENTERED this 11th day of August, 2020, in Tallahassee, Leon County, Florida. S JOHN D. C. NEWTON, II 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 11th day of August, 2020. COPIES FURNISHED: Kristian Richardson Post Office Box 726 Highland, New York 12528 Kristian Richardson Apartment 203 2572 Fencepost Drive Odessa, Florida 33556 Bonnie Ann Wilmot, Esquire Department of Education 325 West Gaines Street Tallahassee, Florida 32399 (eServed) Anastasios Kamoutsas, Esquire Department of Education Suite 1544 325 West Gaines Street Tallahassee, Florida 32399 (eServed) Richard Corcoran, Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Chris Emerson, Agency Clerk Department of Education Turlington Building, Suite 1520 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
The Issue The issue is whether Petitioner, Bay County School Board (School Board), had just cause under Subsection 1012.67, Florida Statutes (2008), to terminate the employment of Respondent, Thomas Walker, because of his absence without leave.
Findings Of Fact Respondent is employed under a Professional Services Contract and teaches at Bozeman School in Bay County. Respondent, without approval or notice to the administrator or staff of Bozeman School, failed to appear for his teaching assignment in the latter part of November 2008. After repeated attempts to reach Respondent, Dr. Tommye Lou Richardson, Director of Human Resources for Bay District Schools, ascertained that Respondent was incarcerated in the Coffee County Jail in New Brockton, Alabama, for his failure to pay child support. Respondent's absence was willful and without approved leave.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order terminating the employment of Respondent and finding that he has forfeited any compensation since January 14, 2009, the date of his suspension without pay by the School Board. DONE AND ENTERED this 18th day of May, 2009, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 18th day of May, 2009. COPIES FURNISHED: Franklin R. Harrison, Esquire Harrison, Sale, McCloy Duncan & Jackson Post Office Drawer 1579 Panama City, Florida 32402-1579 J. E. Sawyer, Esquire 203 South Edward Street Enterprise, Alabama 36330 Thomas Walker 26802 Highway 69A, North Altha, Florida 32421 Dr. Eric J. Smith Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 William V. Husfelt, Superintendent Bay County School Board 1311 Balboa Avenue Panama City, Florida 32401-2080
