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09-001256TTS Bay County School Board vs. Thomas Walker
 Status: Closed
Recommended Order on Monday, May 18, 2009.

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Summary: Petitioner demonstrated that employee teacher was absent without leave.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8BAY COUNTY SCHOOL BOARD, )

13)

14Petitioner, )

16)

17vs. ) Case No. 09-1256

22)

23THOMAS WALKER, )

26)

27Respondent. )

29)

30RECOMMENDED ORDER

32This cause came on for final hearing before Harry L.

42Hooper, Administrative Law Judge with the Division of

50Administrative Hearings, on May 7, 2009, in Panama City,

59Florida.

60APPEARANCES

61For Petitioner: Franklin R. Harrison, Esquire

67Harrison, Sale, McCloy

70Duncan & Jackson

73Post Office Drawer 1579

77Panama City, Florida 32402-1579

81For Respondent: No appearance

85STATEMENT OF THE ISSUE

89The issue is whether Petitioner, Bay County School Board

98(School Board), had just cause under Subsection 1012.67, Florida

107Statutes (2008), to terminate the employment of Respondent,

115Thomas Walker, because of his absence without leave.

123PRELIMINARY STATEMENT

125On January 8, 2009, the superintendent suspended Respondent

133with pay until the School Board meeting held on January 14,

1442009.

145On January 14, 2009, the School Board, based upon the

155superintendent's recommendation, voted unanimously to suspend

161Respondent without pay and to proceed to terminate his

170employment.

171On January 14, 2009, by certified return receipt mail,

180counsel for the School Board notified Respondent of the School

190Board's decision and Respondent's right to request an

198administrative hearing.

200On January 21, 2009, Petitioner received a request for an

210administrative hearing from J. E. Sawyer, attorney for

218Respondent.

219On March 6, 2009, Petitioner filed the Administrative

227Complaint with the Division of Administrative Hearings. The

235hearing was set for May 7, 2009, and heard as scheduled.

246At the hearing, Petitioner presented the testimony of two

255witnesses and offered one exhibit into evidence.

262After the hearing, Petitioner filed its Proposed

269Recommended Order on May 15, 2009.

275References to statutes are to Florida Statutes (2008)

283unless otherwise noted.

286FINDINGS OF FACT

2891. Respondent is employed under a Professional Services

297Contract and teaches at Bozeman School in Bay County.

3062. Respondent, without approval or notice to the

314administrator or staff of Bozeman School, failed to appear for

324his teaching assignment in the latter part of November 2008.

3343. After repeated attempts to reach Respondent, Dr. Tommye

343Lou Richardson, Director of Human Resources for Bay District

352Schools, ascertained that Respondent was incarcerated in the

360Coffee County Jail in New Brockton, Alabama, for his failure to

371pay child support.

3744. Respondent's absence was willful and without approved

382leave.

383CONCLUSIONS OF LAW

3865. The Division of Administrative Hearings has

393jurisdiction over the subject matter of and the parties to this

404proceeding. §§ 120.569 and 120.57(1), Fla. Stat.

4116. The School Board has the burden of proving by a

422preponderance of the evidence that it had just cause to

432terminate the employment of Respondent.

4377. Section 1012.67, Florida Statutes, reads as follows:

445Absence without leave. --Any district school

451board employee who is willfully absent from

458duty without leave shall forfeit

463compensation for the time of such absence,

470and his or her employment shall be subject

478to termination by the district school board.

485RECOMMENDATION

486Based upon the Findings of Fact and Conclusions of Law, it

497is

498RECOMMENDED that the School Board enter a final order

507terminating the employment of Respondent and finding that he has

517forfeited any compensation since January 14, 2009, the date of

527his suspension without pay by the School Board.

535DONE AND ENTERED this 18th day of May, 2009, in

545Tallahassee, Leon County, Florida.

549S

550HARRY L. HOOPER

553Administrative Law Judge

556Division of Administrative Hearings

560The DeSoto Building

5631230 Apalachee Parkway

566Tallahassee, Florida 32399-3060

569(850) 488-9675

571Fax Filing (850) 921-6847

575www.doah.state.fl.us

576Filed with the Clerk of the

582Division of Administrative Hearings

586this 18th day of May, 2009.

592COPIES FURNISHED :

595Franklin R. Harrison, Esquire

599Harrison, Sale, McCloy

602Duncan & Jackson

605Post Office Drawer 1579

609Panama City, Florida 32402-1579

613J. E. Sawyer, Esquire

617203 South Edward Street

621Enterprise, Alabama 36330

624Thomas Walker

62626802 Highway 69A, North

630Altha, Florida 32421

633Dr. Eric J. Smith

637Commissioner of Education

640Department of Education

643Turlington Building, Suite 1514

647325 West Gaines Street

651Tallahassee, Florida 32399-0400

654Deborah K. Kearney, General Counsel

659Department of Education

662Turlington Building, Suite 1244

666325 West Gaines Street

670Tallahassee, Florida 32399-0400

673William V. Husfelt, Superintendent

677Bay County School Board

6811311 Balboa Avenue

684Panama City, Florida 32401-2080

688NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

694All parties have the right to submit written exceptions within

70415 days from the date of this Recommended Order. Any exceptions

715to this Recommended Order should be filed with the agency that

726will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/18/2009
Proceedings: Recommended Order
PDF:
Date: 05/18/2009
Proceedings: Recommended Order (hearing held May 7, 2009). CASE CLOSED.
PDF:
Date: 05/18/2009
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/15/2009
Proceedings: (Respondent`s) Proposed Recommended Order filed.
Date: 05/07/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 04/08/2009
Proceedings: Notice of Hearing (hearing set for May 7, 2009; 10:00 a.m., Central Time; Panama City, FL).
PDF:
Date: 03/25/2009
Proceedings: Petitioner`s Response to Amended Initial Order filed.
PDF:
Date: 03/16/2009
Proceedings: Amended Initial Order.
PDF:
Date: 03/11/2009
Proceedings: Initial Order.
PDF:
Date: 03/11/2009
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 03/06/2009
Proceedings: Administrative Complaint filed.
PDF:
Date: 03/06/2009
Proceedings: Referral Letter filed.

Case Information

Judge:
HARRY L. HOOPER
Date Filed:
03/11/2009
Date Assignment:
04/29/2009
Last Docket Entry:
05/18/2009
Location:
Panama City, Florida
District:
Northern
Agency:
County School Boards
Suffix:
TTS
 

Counsels

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Related Florida Statute(s) (3):