16-002441 Palm Beach County School Board vs. Crystal Edwards Status: Closed Recommended Order on Tuesday, January 24, 2017.

Summary: Petitioner demonstrated just cause to terminate Respondent's employment as a school bus driver where Respondent was convicted of a disqualifying offense.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PALM BEACH COUNTY SCHOOL BOARD,

Petitioner,

vs. Case No. 1 6 - 2441

CRYSTAL EDWARDS ,

Respondent.

_______________________________/

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on

November 9 , 2016, by video teleconferencing sites in Tallahassee

and West Palm Beach, Florida , before Administrative Law Judge

June C. McKinney of the Division of Administrative Hearings.

APPEARA NCES

For Petitioner: Helene Kalvin Baxter , Esquire

School Board of Palm Beach County

Office of General Counsel

3300 Forest Hill Boulevard, Suite C - 323

Post Office Box 19239

West Palm Beach, F lorida 33416 - 9239

For Responde nt: Crystal Edwards, pro se

4900 Wedge Way , Apartment 11

West Palm Beach, Florida 33417

STATEMENT OF THE ISSUE

The issue in this case is whether there is just cause to

terminate Crystal EdwardsÓ employment as a school bus driver with

the Palm Beach County School Board based upon the allegations

made in its Petition .

PRELIMINARY STATEMENT

By letter dated April 13, 2016, Crystal Edwards

( " Respondent " or " Edwards " ) was notified that Palm Beach County

School Board ( " Petitioner " or " School Board " ) took action to

suspend Respondent without pay for 15 days and initiate

termination proceedings . The superintendent ' s April 13, 2016,

letter allege s that Respo ndent had policy violations related to

Ð failure to maintain background screening standards, failure to

self - report an arrest or conviction, ethical misconduct, and

failure to follow policy, rule, directive, or statute. Ñ On the

basis of that co nduct , Petitioner alleged that Respondent

violated Ð School

Board Policies 3.02 (4)(b) , Code of Ethic s ; 3.02(5)(h)(iii) , and

(5)(h) (iv), Code of Ethics; 3.10(6), C onditions of Employment

with the District; 3.12(3), Criminal Background Checks; 3.13(2),

Self - Reporting of Arrests and Convictions by School District

Employees; 1.013(1), Responsibilities of School District

Personnel and Staff; Chapter 435.04(2)(jj), F.S., Level 2

Screening S tandards.Ñ

Respondent timely elected to dispute the reasons for the

termination and requested a hearing. Because s he requested a

formal proceeding , the matter was referred to the Division of

Administrative Hearings ( " DOAH " ). A final hearing was originally

scheduled for July 13 , 2016. After a continuance for good cause

the matter proceeded as rescheduled on November 9 , 2016.

At hearing, the School Board presented the testimony of

three witnesses: Crystal Edwards; Howard Brown , north a rea t eam

l eader ; and Brenda Johnson, human resource s pecialist.

Petitioner ' s Exhibits 9 through 12 and 14 were admitted into

evidence. Respond ent testified on her own behalf. Respondent ' s

Exhibit s 1 through 4 were admitted into evidence.

The undersigned took official recognition of p olicies 3.02 ,

3.10, 3.12, 3.27 and 1.013 and sections 827.04 and 435.04 ,

Florida Statutes .

The pr oceedings were recorded and trans cribed . The one -

volume Transcript of the final hearing was filed with DOAH on

December 15 , 2016. Petitioner availed itself of the right to

submit a timely proposed recommended order after the filing of

the T ranscript , which has been considered in the preparation of

this Recommended Order. The Respondent did not submit a proposed

recommended order.

Unless specifically stated otherwise herein, all references

to Flori da Statutes and rules shall be to the 20 1 6 codification.

FINDINGS OF FACT

1. Pe titioner is a duly - constituted school b oard charged

with the duty to operate, control, and supervise al l free public

schools within Palm Beach County , Florida . Petitioner has the

authority to hire, discipline , and terminate employees.

2. Edwards started her employment with the School Board on

July 22, 2013 .

3. Edwards was employed as a School Bus Driver I . She

transported school - age children to and from school safely .

4. As a School Board employee, Edwards was expected to

comply with School Board p olicies . As part of the new hire

orientation, Edwards received training on policy 3.02. Sh e was

also given a copy of the Transportation H andbook and trained on

the procedures of the handbook. E dwards also signed the Self -

Reporting of New Arrests and Convictions , policy 3.13.

5. On Marc h 24, 2014, Edwards was arrested by Riviera Beach

Police Department and charged with criminal trespass . On June 6,

2014, s he went into a pre - trial diversion program to resolve the

criminal charge.

6. Edwards failed to self - report the arrest and disposition

of the criminal trespass char ge to t he School Board as required

by School B oard policies.

7. On July 7, 2014, the School Board gave Edwards a written

reprimand for violation of School Board policies 3.02, 3.13, and

1.013 for failing to self - r eport the arrest and disposition of

her March 24, 2014 , criminal charge .

8. The written reprimand directed Respondent to ref rain

from violations of School Board policies and Florida s tate l aws.

The reprimand further stated that Ðfailure to do so can result in

appropriate disciplinary action being taken, up to and including

termination.Ñ

9. On or about October 24, 2014, Edwards attended her sonÓs

football game. At the time, Edwards did not have custody of her

son bu t was allowed to attend his game s . After talking to her

son, Edwards decided that he was in danger and took him away from

his guardian to the police station to report her concerns about

his safety.

10. On February 7, 2015, Edwards was arrested by Palm Be ach

County SherriffÓs Office and charged with two felony counts of

Family Offense Ï Interference with Custody of Minor Incompetent

Person for her actions of removing her son from the football

field location on October 24, 2014, and taking him to the police

s tation . EdwardsÓ actions were in violation of the court order ,

which prohibit ed Edwards from visiting with her son without

supervision.

11. On February 9, 2015, Edwards self - reported her

February 7, 2015, arrest to the School Board . The same day , the

Office of Professional Standards (ÐOPSÑ) opened an investigation

into the criminal allegations. Brenda Johnson ( "Johnson" ), OPS

human resources specialist, was assigned to investigate the

matter.

12. A n administrative open - case letter was issued to

Edwards informing her that OPS was opening an investigative case

regarding the off - duty criminal activity and arrest of

February 7 , 2015 .

13. In the February 9 , 2015, letter , OPS instructed Edwards

to report any subsequent conviction in accordance with policy

3.13 and stated:

This self - report must be completed within

forty - eight (48) hours of the final judgment

being entered. Failure to report your

conviction or plea as described could result

in disciplinary action, up to and including

termination of employment. In addition, as a

result of a conviction/plea y o u may be

subject to disciplinary action for violations

of School Board Policies that prohibit

criminal activity.

14. On January 20, 2016, Edwards self - reported her next

arrest of domestic battery on the School Board Self Reporting of

Arrest Information Template form.

15. Edwards was incarcerated from February 9, 2016, to

Friday, February 19, 2016.

16. On February 12, 2016, the State AttorneyÓs O ffice

dismissed EdwardsÓ battery charge by filing a no - file document

while Edwards was incarcerated.

17. Johnson was monitoring Edwards Ó criminal court cases

and she discovered the battery charge was dismissed by looking at

t he court docket on the website .

18. By letter dated February 18, 2016, the OPS issued an

a dministrative closure letter because of the no - file dismissal of

EdwardsÓ battery case.

19. On February 19, 2016, Edwards Ó February 7, 2015, felony

case was reduced to a misdemeanor , and she pled guilty to a one -

count misdemeanor charge of contributing to the d elinquency of a

c hild, a violation of section 827.04(1)(a) . The other felony

count was nolle prossed . Edwards was adjudicated guilty ,

sentenced to 14 days jail with credit for 14 days served , and

standard court costs were imposed . She had a lawyer who

represented her in the matter, case number 2014CF 0 13245AMB.

20. On February 23, 2016, Edwards s elf - report ed the

conviction of the final judgment. 1 / She provided her supervisor ,

Howard Brown , a copy of the battery no - file paperwork and the

misdemeanor conviction in person .

21. On February 23, 2016, Johnson discovered that Edwards

had been convicted of contributing to the delinquency or

dependency of a ch ild .

22. Since EdwardsÓ conviction was a disqualifying offense ,

Johnson directed the reassignment of Edwards to a non - student

contact position. By letter dated February 23, 2016, Edwards was

re - assigned to a temporary duty location at North Transportation

Facility pending the outcome of the investigation.

23. Johnson continued the investigation of EdwardsÓ

allegations to determine if Edwards met the level II background

screening criteria to maintain her eligib ility for emp loyment .

School Board employees are required to meet the requirements for

level II background screening under section 435.04.

24. On March 7, 2016, a pre determination meeting was held

with the OPS and Edwards , who was represented by a union

representative . The purpose of the predetermination meeting was

to allow Respondent the opportunity to respond to the allegations

and provide any additional information supportive to the case or

to rebut any information.

25. Johnson completed EdwardsÓ i nvestigation and determined

that EdwardsÓ conviction for contributing to the delinquency or

dependency of a child under section 827.04 is a disqualifying

offense. As such, Johnson concluded that Edwards is ineligible

for employment and Edwards Ó actions an d conviction violated the

self - rep orting of arrest policy 3.13; Code of E thics 3.02 and

3.106; criminal background check policy 3.12 ; and section 435.04.

26. Johnson testified that based on the investigation, the

superintendent recommended that Edwards be terminated because her

conviction of a disqualifying offense made her ineligible for

employment .

27. Superintendent Robert Avossa has consistently

terminated employe es who no longer are qualified for their

position based on the m not meeting the background policy 3.12

and section 435.04. The School Board terminates employees who

are convicted of disqualifying offenses enumerated under

section 435.04.

28. On April 1 3, 2016, by letter , the School Board notified

E d wards of the recommendation of suspension without pay and

termination .

CONCLUSIONS OF LAW

29. DOAH has jurisdiction over the parties and subject

matter in this proceeding pursuant to Article 17 of the

Collective Bargaining Agreement (ÐCBAÑ) between the School

District of Palm Beach County, Florida, and the Servic e Employees

International Union , as well as sections 120.57(1), 120.65(9),

1012.33(1)(a), and 1012.40, Florida Statutes (2016).

30. The School Board is seeking to terminate Respondent

from employment. Normally, the burden of proof in an employment

case such as this one would be a preponderance of the evidence

standard. Allen v. Sch. Bd. of Dade Cnty ., 571 So. 2d 568, 569

(Fla. 3d DCA 1990); § 120.57(1)(j), Fla. Stat. However, the CBA ,

Article II, requires Petitioner to prove its case by clear and

convincing evidence.

31. The Supreme Court of Florida has ruled that :

Clear and convincing evidence requires that

the evidence must be found to be credible;

the facts to which the witnesses testify must

be distinctly remembered; the testimony must

be precise and lacking in confusion as to the

facts at issue. The evidence must be of such

a weight that it produces in the mind of the

trier of fact a firm belief or conviction,

without hesitancy, as to the truth of the

allegations sought to be established.

In re Henson , 913 So. 2d 579, 590 (Fla. 2005) (quoting Slomowitz

v. Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983)).

32. In the Petition filed in this proceeding, the School

Board charges that Edwards violated Ð School Board Policies

3.02 (4)(b), Code of Ethics; 3.02(5)(h)(iii), and (5)(h)(iv), Code

of Ethics; 3.10(6), Conditio ns of Employment with the District;

3.12(3), Criminal Background Checks; 3.13(2), Self - Reporting of

Arrests and Convictions by School District Employees; 1.013(1),

Responsibilities of School District Personnel and Staff;

Chapter 435.04(2)(jj), F.S., Level 2 Screening S tandards.Ñ

33. Respondent is an educational support employee as

defined in section 1012.40(1)(a). Section 1012.40(2)(c)

provides:

(c) In the event a district school

superintendent seeks termination of an

employee, the district school board may

suspend the employee with or without pay.

The employee shall receive written notice

and shall have the opportunity to appeal

the termination. The appeals process shall

be determined by the appropriate collective

bargaining process or by district school

board rule in the event there is no

collective bargaining agreement.

School Board Policy 3.02

34. The Petition alleges that Respondent violated several

provisions within the School BoardÓs Code of Ethics Policy . The

relevant portions of p olicy 3.02 are as follows:

4. Accountability and Compliance

Each employee agrees and pledges:

* * *

b. To obey local, state and national laws,

codes and regulations.

* * *

5. Ethical Standards

* * *

h. Criminal Acts - We are committed to

reporting criminal conduct, and other conduct

that damages the integrity or reputation of

the School district. Employees should abide

by federal, state and local laws. Unethical

conduct includes but is not limited to:

* * *

iii. Failing to report the arrest or

conviction for criminal acts as provided in

School Board Policy 3.13 (Self Reporting of

Arrests and Convictions by School District

Employees); or

iv. Committing or being convicted of

criminal acts as provided in School B oard

Policy 3.13 (Self Reporting of Arrests and

convictions by School District Employees).

35. By plead ing to the criminal charge, Edwards violated

the Ethics Code as alleged in the Petition by failing to obey the

laws and obtaining a conviction.

School Board Policy 1.013

36. The School Board also charged Edwards with violating

p olicy 1.013(1), entitled " Responsibilities of School District

Personnel and Staff, " which provides in relevant part:

1. It shall be the responsibility of the

personnel employed by the district School

Board to carry out their assigned duties in

accordance to federal laws, rules, state

statutes, state board of education rules,

school board policy, superintendent ' s

administra tive directives and local school

and area rules.

37. Violation of p olicy 1.013(1) is dependent on the School

Board establishing a violation of federal or state law or rule,

another school board policy or rule, or superintendentÓs

administrative directiv e. As found above in paragraph 35 , the

School Board has proven such a violation.

38. By Edwards violat ing the Ethics Code as alleged in the

Petition , Respondent also violated policy 1.01 3(1).

School Board Policy 3.13

39. The Petition also alleges that Respondent violated

p olicy 3.13(2) , entitled Ð Self - Reporting of Arrests and

Conviction by School District Employees , Ñ which provides in

relevant part:

2. All district employees will self - report

in writing with the appropriate documentation

a ny arrests and/or criminal charges,

including criminal traffic violations , to the

employeeÓs immediate supervisor/designee

within forty - eight (48) hours of said arrest

and/or criminal charges. In addition, all

district employees shall self - report in

writing and conviction, finding of guild,

guilty in your best interest, or Nolo

Contendere for any criminal offense other

than a minor traffic violation within forty -

eight (48) hours after the final judgment has

been entered.

40. The credible evidence d emonstrates Edwards Ó self -

reported arrests and dispositions after her criminal trespass

case. Hence, Petitioner f ailed to prove Edwards violated p olicy

3.13(2).

School Board Policy 3.10

41. The School Board also charged Edwards with violating

3.10 (6) , entitled Ð Conditions of Employment with the District, Ñ

which provides in relevant part:

6. The District requires its employees to

carry out their responsibilities in

accordance to School Board Policy 1.013 (as

may be amended), their job descriptions and

reasonable directives from their supervisors

that do not pose an immediate serious hazard

to health and safety or clearly violate

established law or policy.

42. As in paragraph s 35 and 38 above , the record

demonstrates Edwards violated the law and policies . By doing so,

she also violated policy 3.10(6).

43. Edwards claimed that the incident th at le d to her

conviction of contributing to the d elinquency of a child was a

personal family matter where she was protecting her son and had

nothing to do with students. Her argument is not persuasive

because it fails to change her conviction status of a

disqual if ying offense, which makes her ineligible for employment

with the School Board .

44. The School Board seeks to terminate EdwardsÓ employment

rather than implement the steps set forth in the progressive

discipline provision of the CBA.

45. Whil e the School BoardÓs CBA provides for progressive

discipline, there is authority for termination where the conduct

for which discipline is sought Ðconstitutes a real and immediate

danger to the District. Ñ

46. Section 435.04 provides parameters for eligible

employees and reads in relevant part:

(2) The security background investigations

under this section must ensure that no

persons subject to the provisions of this

section have been arrested for and are

awaiting final disposition of, have been

found guilty of, regardless of adjudication,

or entered a plea of nolo contendere or

guilty to, or have been adjudicated

delinquent and the record has not been sealed

or expunged for, any offense prohibited under

any of the following provisions of state law

or similar law of another jurisdiction:

* * *

(jj) Section 827.04 , relating to

contributing to the delinquency or dependency

of a child.

47. The School Board demonstrated by clear and convincing

credible evidence that Edwards was convicted of contributing to

the delinquency of a child . EdwardsÓ conviction is a

disqualifying offense enumerated in section 435.04(2)(jj). The

L egislature mandated that an individual with a conviction of

section 827.04 , such as Edwards , is not fit for hire in the

school district. Accordingly, an employee also could not

maintain employment in such an in eligible sta tus. Hence ,

EdwardsÓ status proh ibits her from working for the School B oard.

Accordingly, t he School Board has established " j ust cause" for

termination as alleged in the Petition .

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that Petitioner, Palm Beach County School

Board, enter a final order suspending Respondent , Crystal

Edwards, Ó employment for a period of 15 days without pay and

terminating her employment from the School District of Palm Beach

County , Florida.

DONE AND ENTERED this 24th day of January, 2017 , 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

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 24th day of January, 2017 .

ENDNOTE

1/ The undersigned finds Edwards Ó testimony credible that she

self - report ed the two criminal dispositions to her supervisor.

The no - file paperwork , RespondentÓs Exhibit 1 , is date - stamped by

the clerk February 23, 2016; the same day Edwards contends she

submitted the paperwork. Such evidence is both persuasive and

plausible , as well as supportive of EdwardsÓ testimony that she

provided the disposition paperwork to her supervisor in person

that date.

COPIES FURNISHED:

Helene Kalvin Baxter, Esquire

School Board of Palm Beach County

Office of General Counsel

3300 Forest Hill Boulevard, Suite C - 323

Post Office Box 19239

West Palm Beach, Florida 33416 - 9239

(eServed)

Crystal Edwards

4900 Wedge Way, Apartment 11

West Palm Beach, Florida 33417

(eServed)

Matthew Mears, General Counsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Dr. Robert Avossa, Superintendent

Palm Beach County School Board

3300 Forest Hill Boulevard , Suite C - 316

West Palm Beach, Flo rida 33406 - 5869

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.