Conclusions THE PARTIES resolved all disputed issues and executed a Settlement Agreement. The parties are directed to comply with the terms of the attached settlement agreement. Based on the foregoing, this file is CLOSED. DONE and ORDERED on this the 2{, U, day of - J lJ_h (2 ---' 2014, m Tallahassee, Florida. ELIZ RETARY Agency for Health Care Administration A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BYLAW. WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Shena Grantham, Esquire Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Peter A. Lewis, Esquire Law Offices of Peter A. Lewis, P.L. 3023 North Shannon Lakes Drive, #101 Tallahassee, Florida 32303 (U.S. Mail) CERTIFICATE OF SERVICE == ' I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to ------==-- the above named addressees by U.S. Mail on this th f 2014. Richard Shoop, Esquire Agency Clerk State of Florida Agency for Health Care Administration 2727 Mahan Drive, Building #3 Tallahassee, Florida 32308-5403
The Issue Whether the Department of Environmental Regulation, upon all of the information presented before it, properly issued its Notice of Intent to Deny the request for a permit channelizing the subject streams within the Mills Creek Watershed. FINDINGS OF FACT 1/ It is the Petitioner's contention that the Petitionerhas failed to demonstrate, as a matter of law, its entitlement toa permit for channelization of the Mills Creek Watershed initially because the project will entail an alleged loss of watershed and wildlife habitat "particularly since there are no restrictions on private drainage connection". As stated supra, in the Background section., one of the agencies that has commented on this project, the St. Johns River Water Management District, at its August 18, 1976, meeting endorsed the Mills Creek project with the recommendation that no direct connections of laterals, drainage ditches and/or secondary connections be allowed within the boundaries of the flood plain as they presently exist. There is at present a local ordinance pending to comply with this proviso which has been endorsed by the chairman of the Board of County Commissioners for Nassau County. And, aside from this fact, DER is authorized to incorporate finite limits into drainage permits to prevent excessive drainage into any project in which a permit is required. And, as stated, the county has acquiesced with the suggestion by Gerald Herting of DER that such constraints he placed in the permit provided favorable action is taken by DER. Testimony introduced during the hearing in the case reflects that provisional permits are not uncommon. (Testimony of Landon Ross and Douglas Bailey of DER and the Office of Environmental Protection, of FG&FWFC,respectively.) Stephen Gatewood, an environmental specialist, analyzedthe Mills Creek project plans and also visited the site. He testified that the subject project was well planned ecologically in terms of soundness and, based on the manner in which the plans are drawn and the construction will be implemented, the least amount of environmental damage will result. He compared the Taylor Creek channelization project with the subject project and while noting that there were differences, he testified that he was unable to give his blessings to the subject project, inasmuch as the Taylor Creek project had been "a bad experience". The similarity between the two projects is the fact that there are effluents flowing from dairies on both projects although Gatewood was unable to show what impact effluents flowing from the dairy situated in the Mills Creek area had on this project. Doctor Shireman, a professor of fishery sciences and a biologist with the University of Florida, sampled the fish population in both the channelized and non-channelized portions of the project streams for the last year. Doctor Shireman stated that the fish population was representative of the fish populations in lakes and streams throughout Florida and also indicated that if the county ordinance was passed and lateral inlets into the channel were controlled, the channelization project would have minimal impact on tie lower parts of the stream. Moreover,experts from the Department and the Petitioner agreed that thepotential water quality damage would be minimal at worst. Section 17-4.28, F.A.C., adopted pursuant to Chapter 403, F.S., places the burden upon the Petitioner to affirmatively show and demonstrate to DER that its channelization project will not result in violations of the water quality criteria, standards, requirements and provisions of Chapter 17-3, F.A.C., over the short and long term periods. Also, Section 17-4.29 F.A.C., adopted pursuant to Chapter 253, F.S., requires the applicant to affirmatively demonstrate to the Department that, based upon a biological and hydrographic survey, the project will not interfere with the conservation of fish, marine and wildlife, or natural resources. Finally, the project must be designed so as not to violate Section 403.161, F.S., which prevents the causing of pollution, harm or injury to human health or welfare, animal, plant or aquatic life or property. In this regard, the evidence introduced at the hearing revealed that essentially all of the water quality studies and the majority of the studies associated with the aquatic system were carried out by Doctor Shireman through a cooperative agreement between the University of Florida and SCS. Doctor Shireman, as stated, analyzed the fish population in the channelized and non-channelized areas of this project and found the fish and aquatic population to be representative of similar lakes and streams in this State and, further, that there was no measurable difference in the fish population in the channelized area, an area which had been completed approximately seven years ago, and the non-channelized areas. This study encompassed a period ofapproximately one year. It was also noted that for the most part, measured data indicated that the water quality in the channel system met the criteria for Class III waters. Also, as stated earlier, the channel supported good fish populations and samplings of the stations in the channelized portions conducted by Doctor Shireman provided no basis for a finding that the constructed channels were in any manner degrading water quality despite the fact that the channels had been constructed for approximately seven years. The studies also revealed that through an examination of the benthic organisms and fish life found in all channels and receiving waters, an acceptable quality free from detrimental levels of toxic materials was prevalent. The Department also expressed a concern that channelization would drastically reduce the number and size of fish due to increased sedimentation and the loss of stream bed niches and pits. The Department offered its position that dredging homogenizes the bed structure, reduces roughness and diversity and destroys diversity of the current pattern. Sampling of the subject project streams indicate that in the watershed 39 different species of fish were discovered, 30 of which were found in the channel sections. The data also revealed that there was little specie difference in the benthic organisms between channel and unchanneled portions of the watershed. There was no evidence introduced of any increased sedimentation taking place in the previously constructed channels. The Department also expressed concern over clear-cutting during construction, with resulting increases in the water temperatures, wetland reduction, streamside foliage destruction and turbidity. Respecting this concern, Jesse Livingston, a registered civil engineer involved in the design and implementation of the project, testified that the Mills Creek area was designed and redesigned to address and satisfy the concerns of the various commenting agencies and that the project was not designed to drain the swamp as the commenters feared. To the contrary, he testified that the hydrologic grade line of the channels was set two feet above the normal ground in the area and in fact the planners envisioned a design to flood the swamps to increase the wetlands. He testified that a detailed geological investigation was made of the channel by taking soil samples during field investigations to determine permeabilities and soil types to determine a safe velocity for the channel's design. Mr. Livingston testified without contradiction that the project was designed so "that the side slopes would remain essentially as planned; taking precautions to ensure that the channel bottoms do not degrade and by stabilizing the channel. In so doing he commented that the bed load would continue moving through the channel system which ultimately would fill the downstream channels". He testified that limited turbidity would occur during the process of construction but by use of proper construction techniques, the channel system would be stabilized and no significant amount of turbidity would result. He testified that pipe drops were designed and set along the channel to control the manner in which water entered the swamps and ultimately into the channel. Respecting the allegations and concerns expressed of clear-cutting and increasing water temperatures during construction, Livingston testified that the channels were designed to be constructed from one side and thereby eliminating the amount of clearing which was a sure way to control clearing and also minimize any temperature increases along the channel. This method, according to Livingston, also provides essentially the same cover to foliage due to the fact that the channelization would all occur on one side. Testimony introduced also revealed that the streamside foliage had begun to fully recover within the channelized area and that the streamside foliage which would be temporarily lost during the construction phases would fully recover to vegetation within one growing season. Finally, he testified that provisions would be made to curtail turbidity within allowable limits. His testimony reveals that the bottomland hardwoods would not be disturbed due to the graded side inlet pipes which was done at the request of FG&FWFC. He concluded that the ecological change in the swamp diversity would be temporary, lasting only temporarily beyond the construction phases.
Conclusions As the Petitioner (applicant) points out, the Department's reviewers seem to have taken a textbook approach in reviewing the available data in reaching its decision of its intent to deny the permit for the Mills Creek channelization project. While there were some shortcomings in data which largely stem from the difficulty in ascertaining the impact of the effluents of the dairy in the area, the weight of evidence tends to support a conclusion, by competent and substantial evidence, that the project would not degrade the air and waters of this State. The Petitioner, through various meetings with all of the State and Federal agencies commenting on the design of this project, addressed all issues and designed the project so as to meet and satisfy the concerns of interested parties. The available data also revealed that in those areas wherein potential problems may arise in the future,the agencies are armed with sufficient authority to remedy and correct such problems. The engineers for this project designed it based on the guidance and consultations of all agencies who were interested in the ecological welfare of this area and took great pains to see that air and water quality would not be degraded. The local county officials have also given their approval to limit lateral connections by upland owners and the overall project design appears to be in keeping with the letter and spirit of Chapters 403 and 253 and Sections 17-3 and 4, Florida Administrative Code. For all of these reasons, I am forced to conclude that the Petitioner (applicant) has met its burden of establishing that the requested permit for the channelization project herein will not result in a degradation of air and water quality and, therefore, the permit should be issued. In keeping with the recommendations by the St. Johns River Water Management Board, I shall recommend that the permit be issued with the proviso that no lateral connections be made to the channelization project by upland owners.
Recommendation Based on the foregoing findings and conclusions of law, it is hereby recommended that the Department of Environmental Regulation cause to be issued a permit authorizing the applicant herein to channelize the remaining section of the Mills Creek project as requested with the proviso that the channelization operations be stayed until the Board of County Commissioners of Nassau County pass an ordinance that provides that no direct connections of laterals, drainage ditches and/or secondary connectors be allowed within the boundaries of the flood plains as presently exist. RECOMMENDED this 26th day of June, 1978, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
The Issue The issue for consideration herein is whether the withdrawal by Amerifirst of its application for a permit from the Department to build a recreation area and boat ramp on the Braden River precludes a hearing to determine whether the project can be constructed under a general permit held by Amerifirst.
Findings Of Fact On July 13, 1989, the Department received an application from the Respondent, Amerifirst, for a permit to construct a recreational area and boat ramp for its 465 acre, 966 unit Mote Ranch development in Manatee County. Thereafter the Department published an Intent to Issue the permit in question in which it advised persons whose substantial interests were affected thereby of their right to protest and request a formal hearing. By Petition filed June 1, 1990, the City filed a timely Petition For Formal Hearing protesting the Intent to Issue, claiming that the project would degrade the quality of the City's only public drinking water supply. The matter was forwarded to the Division of Administrative Hearings for appointment of a Hearing Officer, and on June 22, 1990, the undersigned set the matter for hearing in Bradenton on August 28, 1990. However, in July, 1990, Amerifirst communicated to the Department its intention to use the general permit under Section 17-312.803, F.A.C., for the installation of the boat ramp, and by letter of August 13, 1990, the Department indicated that proposed action appeared to be authorized. Thereafter, on August 14, 1990, Amerifirst requested withdrawal of the previously filed special permit which had been protested by Petitioner herein. The parties agree that Amerifirst's withdrawal of its application for special permit renders moot the issue of that permit's propriety.
Recommendation It is, therefore: RECOMMENDED that the Department's Notion To Dismiss be granted and that an Order be issued dismissing the City of Bradenton's Petition For Formal Proceeding in this case. RECOMMENDED in Tallahassee, Florida this 19th day of October, 1990. 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 19th day of October, 1990. COPIES FURNISHED: Mark A. Nelson, Esquire Harllee, Porges, Hamblin & Hamrick, P.A. P.O. Box 9320 Bradenton, Florida 34206 Steven J. Chase, Esquire Abel, Band, Brown, Russell & Collier, Chartered P.O. Box 49948 Sarasota, Florida 34230-6948 Richard Donelan, Esquire Department of Environmental Regulation 2600 Blair Stone Rd. Tallahassee, Florida 32399-2400 Dale H. Twachtmann, Secretary Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400
The Issue Whether respondent should be dismissed from his employment with the Palm Beach County School District on charges of engaging in misconduct and immorality which impaired his effectiveness as a teacher, in violation of Section 231.36, Florida Statutes, and of exploiting a professional relationship with a student for personal gain in violation of Rules 6B-1.06(3)(h) and 6B-1.01(3), Florida Administrative Code.
Findings Of Fact Respondent holds Florida Teacher's Certificate 342171, covering the area of physical education. At all times material to the administrative complaint, respondent was employed as a physical education teacher at Lake Worth High School in the Palm Beach County School District. From 1973, when he joined the Palm Beach County School District, to the date of his suspension for the acts complained of in the administrative complaint, he was consistently rated to be a good teacher. His teaching ability and performance were not in question. He also maintained a close relationship with his students, frequently assisting them beyond the requirements of his job. On the afternoon of May 23, 1983, at approximately 2:30 p.m., respondent entered the K-Mart department store in Lantana, Florida, accompanied by his niece, Cathy Brown. While shopping in the store, he selected a 68-quart cooler, bearing a price tag of $43.58, then proceeded to the hardware department, where he selected a Black and Decker electric drill, bearing a price tag of $22.99. He left the hardware department and proceeded to the garden/patio area or "Garden Shop." Before reaching the double glass doors separating the main building from the Garden Shop, he stopped and placed the large box (containing the 68-quart cooler) and the small box (containing the electric drill) on the floor at the end of an aisle approximately 30 feet from the double glass doors. He then walked directly to the double glass doors opening onto the Garden Shop, and glanced in the direction of the checkout counter located at the Garden Shop exit. He then walked back past the cooler and electric drill, and proceeded into the appliance department where he met Cathy Brown. Ms. Brown had previously selected a package of hair curlers, bearing a price tag of $1.38. He and Ms. Brown briefly examined several items on a display counter in the appliance department, then returned to the place where he had placed the cooler and electric drill. He picked up these two items and proceeded to the Garden Shop; Cathy Brown, who was carrying the hair curlers, accompanied him. Jeanette Grimes, a 17-year-old Lake Worth High School student, was--at that particular time--the cashier at the register located at the Garden Shop checkout counter. Ms. Grimes knew respondent. He had been her physical education teacher for two years and basketball coach for one year. She considered him a friend. As respondent approached the checkout counter where Ms. Grimes was serving as cashier, he placed the box containing the cooler and the box containing the electric drill on the floor at the far end of the checkout counter, not on the counter itself. At that time there were customers at the checkout counter who were being waited on by Ms. Grimes. He and Cathy Brown walked away from the checkout counter and began looking at plants. After Ms. Grimes had finished checking out the customers at her counter, he and Ms. Brown again approached the checkout counter, where he engaged Ms. Grimes in conversation. At no time did he place any items on the counter for Ms. Grimes to examine and ring up. At that time she rang up a $1.00 item and a $5.00 item, totalled the transaction at $6.00, then rang up a $.30 tax, and totalled the transaction at $6.30. He handed Ms. Grimes $10.00 in payment for the merchandise. She mistakenly rang up $10.00 for an additional item of merchandise, voided the $10.00 item off her tape, and re-rang $10.00 as cash tendered. At that point the cash register opened and indicated that change in the amount of $3.70 was due. Ms. Grimes gave respondent $3.70 in change and a receipt for the transaction. During the course of ringing up the transaction, the items of merchandise remained on the floor at the end of the counter. Ms. Grimes did not pick up the items and examine them for a price tag while ringing up the amounts. Upon the completion of the transaction, Ms. Brown engaged Ms. Grimes in conversation. Ms. Brown handed to Ms. Grimes the box containing the electric drill and the package containing the curlers; Ms. Grimes placed the items into a bag which she gave to Ms. Brown. Respondent then picked up the box containing the 68-quart cooler and left the store, accompanied by Ms. Brown, who carried the bag containing the curlers and the electric drill. Both respondent and Ms. Brown were aware that they had not paid the full price for the merchandise, and that what they were doing was wrong. Mr. Frank Heim, K-Mart's Loss Prevention Manager, (store detective) observed respondent's activities in the K-Mart continuously, from the time respondent selected the electric drill in the hardware department to his exit from the store. Mr. Heim observed the transaction at the checkout counter, then immediately proceeded to Ms. Grimes' register, examined the register tape, and proceeded to the parking lot to ask that respondent return to the store. Mr. Heim located respondent at his (respondent's) truck in the parking lot. Respondent had placed the cooler in the back of his truck and Cathy Brown was still holding the bag containing the curlers and the electric drill. Mr. Heim identified himself to respondent, advised him of a problem with the purchase which he had just made, and requested that he return to the store with the merchandise to clear the matter up. Respondent replied that he had paid for the merchandise and had a receipt, that it was not his fault if the cashier rang up the wrong prices. After some additional conversation, respondent removed the cooler from the back of his truck and accompanied Mr. Heim back to the store. Upon entering the store through the Garden Shop entrance, respondent placed the cooler on the floor just inside the entrance, then stopped and attempted to discuss the matter with Mr. Heim. Mr. Heim advised respondent that they could not discuss the matter at that location, that they would have to go to his office. As they approached Mr. Heim's office, respondent again stopped, placed the cooler and the bag containing the other two items on the floor, and stated to Mr. Heim that he was not going inside his office. Mr. Heim replied that they could not discuss the matter in the store, and that respondent would have to accompany him inside his office. Respondent replied that he did not have time to discuss the matter, that he was in a hurry and had to leave. Mr. Heim then advised respondent that he was not free to leave and that he was being detained for shoplifting. Respondent became agitated, stated "You've got your stuff back," and began walking away. Mr. Heim sought help from others, then blocked respondent's path at the glass doors between the main store and the Garden Shop. He told respondent not to make the situation worse by trying to leave the store, but respondent attempted to force his way by Mr. Heim. Mr. Heim grabbed him by the arm and a brief scuffle ensued. At that point, respondent ripped up his cash register receipt and discarded the remnants onto a display counter. Mr. Heim immediately retrieved the remnants and later Scotch- taped the pieces together. After respondent became calmer, he returned with Mr. Heim to his office. After entering the office, Mr. Heim advised respondent of his "Miranda" rights. Mr. Heim asked him for identification and asked him to empty his pockets in order to make sure he had no weapons. Respondent removed a total of approximately $22.00 from one of his socks while in the office. Respondent admits that at the time he entered the K-Mart store, he had only approximately $30.00 on his person. The total retail price of the three items, according to the price tags affixed to each, totalled $67.95. In response to Mr. Heim's questions, respondent continuously stated that it was not his fault that the cashier rang up the wrong prices and that he paid her the amount she rang up. Conflicting accounts of this incident were given by Mr. Heim and respondent. Taking into account Mr. Heim's detached and professional manner, and his lack of apparent bias or motive to falsify, it is concluded that his testimony is more credible than respondent's, and is persuasive. As a result of this incident, respondent was arrested and charged with the crime of retail theft. Based upon the circumstances described herein, Jeanette Grimes was fired by the K-Mart department store. She was also arrested and charged with the crime of retail theft. Jeanette Grimes' job at K-Mart was a requirement for one of her school classes, "Work Experience." As a result of her being fired, she failed the course. Respondent's effectiveness as a teacher was seriously reduced as a result of his conduct and the accompanying notoriety which it received in the community. The circumstances of his offense, his arrest, and his suspension from his teaching position, all received notoriety through publication of articles in three newspapers of general circulation in the Lake Worth community.
Recommendation Based on the foregoing, it is RECOMMENDED: That the School Board of Palm Beach County dismiss respondent from his employment for violating Section 231.36(4)(c), Florida Statutes, and Rule 6B- 1.06(3)(h), Florida Administrative Code. DONE and ENTERED this 11th day of May, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of May, 1984. COPIES FURNISHED: John Chamblee, Esquire 202 Cardy Street Tampa, Florida 33606 Ralph D. Turlington, Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Abbey G Hairston, Esquire School Board of Palm Beach County 3323 Belvedere Road Building 503, Room 232 West Palm Beach, Florida 33402 Thomas J. Mills, Superintendent School Board of Palm Beach County 3323 Belvedere Road West Palm Beach, Florida 33402
The Issue Whether Respondent committed the unlawful employment practice alleged in the Employment Complaint of Discrimination filed with the Florida Commission on Human Relations (“FCHR”), and, if so, what relief should be granted.
Findings Of Fact Petitioner is a Black West-Indian male. Respondent is a political subdivision of the State of Florida responsible for operating the public schools in Broward County. Petitioner obtained a temporary teaching certificate from the Florida Department of Education in 2017. In October 2017, Petitioner was hired by Respondent as a teacher at Walker Elementary School. As a new teacher, Petitioner was a contract employee subject to a probationary period of one school year. During the probationary period, Petitioner could be dismissed without cause or resign without breach of contract. Petitioner worked at Walker Elementary School, where he did not have his own classroom, but worked with special-needs children in different classrooms, until the end of the 2017-2018 school year. There were no teaching positions available at that school for the 2018-2019 school year. In August of 2018, Petitioner was transferred by Respondent to Mirror Lake, where he filled a first-grade teaching vacancy. Andrea Gresham was the team leader for first-grade teachers at Mirror Lake. As a new teacher, Petitioner was assigned a mentor to assist him in acclimating to the duties of his position. In addition to being the team leader for all first-grade teachers at Mirror Lake, Ms. Gresham was also Petitioner’s designated mentor. Petitioner reported for work at Mirror Lake on August 7, 2018. At that time, Ms. Gresham took Petitioner on a tour of the campus. She also provided Petitioner with sample lesson plans and homework for the students. Throughout the week, Petitioner prepared for the first day of school for students with Ms. Gresham’s help. These preparations included Ms. Gresham reviewing procedures related to beginning-of-year testing, student homework, teacher planning, and student dismissal at the end of the school day. It was Ms. Gresham’s habit to keep dated notes relevant to her duties as a mentor and team leader. As a best practice, she regularly met with Principal Veliz to discuss the progress of new teachers. Ms. Gresham kept contemporaneous notes of her interactions with Petitioner and kept Principal Veliz advised of her observations. Ms. Gresham observed that Petitioner was not engaged within the team of first-grade teachers and had a difficult time grasping school procedures despite her attempts to guide him. The typical first-grade student is six years old at the beginning of the school year. Given how young these students are, the protocol at Mirror Lake requires teachers to take extra care to ensure that the students are directed to the correct mode of transportation during dismissal. Ms. Gresham explained the dismissal procedures and emphasized their importance to Petitioner on more than one occasion leading up to the students’ first day of school. Each first-grade student is given a lanyard that is color-coded to correspond to that student’s teacher. Teachers are responsible for writing each child’s mode of transportation, as provided to the teacher by the child’s parents, on his or her lanyard every day. At the end of the school day, the children are sorted by their mode of transportation and escorted by a designated teacher or paraprofessional. The students are categorized as: car riders, bus riders, walkers, or attendees of the on-site after-school program. August 15, 2018, was the first day of the school year for students at Mirror Lake. At the end of the school day, Petitioner, along with all of the other first-grade teachers, was responsible for assisting his students in reporting to the appropriate location for their respective modes of transportation. On August 15, 2018, Petitioner and Ms. Gresham were both assigned to the car-rider group. While Petitioner and Ms. Gresham were in the car-rider pickup area, Ms. Gresham became aware that a student was missing when a visibly upset parent exited his vehicle having learned that his child was not present for pick-up. Ms. Gresham sought help from the school resource officer and other teachers in an effort to locate the missing student. Principal Veliz testified credibly that this was the first and last time a student was unaccounted for at dismissal at Mirror Lake. Ms. Gresham asked to see the transportation log that Petitioner had compiled for his students to determine how the child was supposed to go home and where the mistake may have occurred. In reviewing Petitioner’s transportation log, Ms. Gresham noticed that the log had some children’s names listed under two different modes of transportation for the same day. As a result, Petitioner’s transportation log did not add any clarity to the situation. Meanwhile, teachers continued to search the campus for the missing student and the school resource officer escorted the father of the missing student to the office to speak with Principal Veliz. Once the student dismissal process was complete for the day, Principal Veliz convened a faculty meeting. During the meeting, the faculty learned that a second student from Petitioner’s class was missing. Principal Veliz adjourned the faculty meeting and assembled the team leaders in the office to assist in locating the two missing students. Petitioner returned to his classroom and did not join the effort to locate the missing students. The team leaders proceeded to call private daycares to ask if the missing students may have been transported to such a facility by mistake. Through these phone calls, both of the missing students were located at the same daycare. Thereafter, the children were reunited with their parents. Principal Veliz met with the parents of the children who had been mistakenly sent to the wrong location on August 15, 2018. Principal Veliz personally paid for the daycare center’s charges with respect to one of the students who had been inadvertently sent there. Principal Veliz testified that the parents were upset that their children had been misplaced and that the parents of one of the children requested a transfer to another first-grade teacher. Ms. Gresham had the opportunity to examine the lanyard belonging to one of the students who had gone missing during dismissal. She observed that Petitioner had written on the lanyard that the student was to ride the bus that day, although the parents had previously informed Petitioner that the student was to be picked up by car. In conducting a routine observational visit to Petitioner’s classroom during the first week of school, Principal Veliz observed conditions that she considered of urgent concern with respect to Petitioner’s academic practices and overall classroom management. She observed a lack of structure, including students in Petitioner’s class wandering around the room and playing with pencils as though they were swords without any redirection. Principal Veliz also observed that Petitioner was using obsolete and ineffective teaching methods. Principal Veliz contacted the school district’s employee relations and talent acquisition office to discuss Petitioner’s employment status. Principal Veliz was notified that Petitioner was still within his one-year probationary term, and that his employment could be terminated without a formal hearing or progressive disciplinary measures. Principal Veliz made the decision to terminate Petitioner’s employment prior to the end of his probationary status based on his unsatisfactory performance. Principal Veliz obtained a form letter from the school district’s human resources department, which she modified to fit Petitioner’s circumstances. The letter was dated August 23, 2018. The letter stated that Petitioner’s name would be submitted to the next School Board meeting for termination of employment during a probationary period and that Petitioner could choose to resign in lieu of termination. Petitioner chose not to sign the document. Petitioner’s employment was terminated at the next meeting of the School Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that FCHR enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 16th day of October, 2020, in Tallahassee, Leon County, Florida. S BRITTANY O. FINKBEINER 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 16th day of October, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Rudyard Julius 19101 Northwest 11th Street Pembroke Pines, Florida 33029 (eServed) Michael T. Burke, Esquire Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 (eServed) Cheyenne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed)
