16-000498 Lee County School Board vs. Tarlisha Davis Status: Closed Recommended Order on Thursday, April 21, 2016.

Summary: Just cause exists for the termination of Respondent's employment.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEE COUNTY SCHOOL BOARD,

Petitioner,

vs. Case No. 16 - 0498

TARLISHA DAVIS,

Respondent.

_______________________________/

RECOMMENDED ORDER

Pursuant to notice, a final hearing in t his cause was held

by video teleconference between sites in Ft. Myers and

Tallahassee, Florida, on March 10 , 2016, before Linzie F. Bogan,

Administrative Law Judge of the Division of Administrative

Hearings.

APPEARANCES

For Petitioner: Robert Dodig, Jr., Esquire

School District of Lee County

2855 Colonial Boulevard

Fort Myers, Florida 33966

For Respondent: Tarlisha Davis , pro se

Apartment 208

1162 Hancock Creek Boulevar d South

Cape Coral, Florida 33909

STATEMENT OF THE ISSUE

Whether just cause exists to terminate Respondent from her

employment with the Lee County School Board.

PRELIMINARY STATEMENT

By correspondence dated December 17, 2015, Tarlisha D avis

(Respondent) was informed by Gregory K. Adkins, superintendent of

Lee County Schools (Superintendent), that a recommendation

seeking the termination of Respondent's employment would be

submitted to Petitioner, Lee County School Board

(Petitioner/Schoo l Board), for appropriate action. In response

to the correspondence of December 17, 2015, Respondent timely

filed a Request for Administrative Hearing. By correspondence

dated January 28, 2016, the matter was forwarded to the Division

of Administrative H earings for a disputed - fact hearing.

Petitioner offered the testimony of Andrew Brown, the

director of professional standards and equity. Respondent

testified on her own behalf and called no other witnesses to

testify. Petitioner's Exhibits 1 through 9 w ere admitted into

evidence. Respondent's Exhibits 1 and 2 were also admitted into

evidence.

A Transcript of the disputed - fact hearing was filed with the

Division of Administrative Hearings on April 4, 2016. The

parties timely filed proposed recommended orders, which have been

considered in the preparation of this Recommended Order.

FINDING S OF FACT

1. Petitioner is responsible for hiring, terminating, and

overseeing all employees in the school district.

2. Respondent has been employed by Peti tioner sin ce

December 13, 2010. She is currently assigned as a school bus

attendant in PetitionerÓs transportation department.

3. RespondentÓs employment is governed by the collective

bargaining agreement between the Support Personnel Association of

Lee County (SP ALC) and the School Board.

4. The Petition for Termination alleges that on July 6,

2015, PetitionerÓs Department of Professional Standards and

Equity was notified that Respondent was arrested on June 26,

2015, and charged with four felony counts of public aid fraud in

excess of $200.00 .

5. Andrew Brown testified that he received a ÐhitÑ

notification from the Florida Department of Law Enforcement

informing the District that Respondent had been arrested.

6. Respondent obtained public assistance of $200 or more

through false statements, misrepresentation, impersonation or

other fraudulent means. The offenses were committed from :

December 1, 2011 , to May 31, 2012; October 1, 2012 , to May 31,

2013; October 1, 2013 , to September 30, 2014; and August 1, 2013 ,

t o December 31, 2013.

7. All of the foregoing offenses occurred during

RespondentÓs period of employment with Petitioner.

8. Respondent was arrested for the foregoing offenses on

June 26, 2015.

9. On November 24, 2015, Respondent pled guilty to four

coun ts of engaging in public aid fraud, all felonies, and was

sentenced to 36 months of probation and ordered to pay $8,483.29

in restitution to the Florida Department of Children and

Families.

10. The evidence demonstrates that Respondent, on

November 24, 2 015, knowingly pled guilty to public aid fraud.

11. School Board policy 5.04 permits Petitioner to

terminate the employment of an employee who commits a crime

during their employment , if the crime would otherwise disqualify

the employee from initial emplo yment with the S chool B oard.

Public aid fraud is such a crime. Paragraph (7)(a) and (b) of

policy 5.04 provides that the School Board will not hire an

individual who has committed welfare and/or unemployment fraud

within 10 years of the offense.

12. Pol icy 5.04 also provides that an individual who is on

probation may also be ineligible for employment.

13. School Board policies 5.02, 5.03 , and 5.29 all include

language that mandate compliance with applicable laws, and

require that employees maintain high ethical standards and good

moral character. Respondent has failed those mandates.

14. The credible evidence establishes that Petitioner has

just cause to terminate RespondentÓs employment with the School

Board.

CONCLUSIONS OF LAW

15. The Division of Ad ministrative Hearings has

jurisdiction over the parties and subject matter of this

proceeding. §§ 120.569 and 120.57(1), Fla. Stat. (2015). 1/

Petitioner seeks to terminate Respondent's employment.

16. Petitioner bears the burden of proving by a

preponder ance of the evidence that just cause exists for the

termination of Respondent's employment. McNeill v. Pinellas

Cnty. Sch. Bd. , 678 So. 2d 476, 477 (Fla. 2d DCA 1996); Dileo v.

Sch. Bd. of Dade Cnty. , 569 So. 2d 883 (Fla. 3d DCA 1990).

17. The S uperinten dent for the School Board has the

authority to recommend to the School Board that an employee be

suspended or dismissed from employment. §§ 1012.22(1)(f) and

1012.33(6), Fla. Stat.

18. Provision 7.10 of the SPALC agreement states, Ð[a]ny

discipline durin g the contract year, that constitutes a verbal

warning, letter of warning, letter of reprimand, suspension,

demotion or termination shall be for just cause.Ñ

19. RespondentÓs actions constitute misconduct in office

pursuant to section 1012.33(1)(a), Flori da Statutes, as defined

by Florida Administrative Code Rule 6A - 5.056(2). RespondentÓs

actions violate School Board policy 5.02, Professional Standards,

which requires dedication to high ethical standards.

RespondentÓs actions violate School Board polic y 5.03, General

Requirements for Appointment and Employment, which requires that

an emplo yee be of good moral character. Re spondentÓs actions

violate School Board policy 5.04, Fingerprinting and Background

Screening, by violating the School BoardÓs Hiring /Employment

Guidelines. RespondentÓs actions violate School Board p olicy

5.29, Complaints Relating to Employees, which requires all

employees exemplify conduct that is lawful and professional. Due

to the foregoing violations, just cause exists for the

te rmination of RespondentÓs employment.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Lee County School Board enter a

final order terminating RespondentÓs employment.

DONE AND ENTERED this 2 1st day of April , 2016 , in

Tallahassee, Leon County, Florida.

S

LINZIE F. BOGAN

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 96 75

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 21st day of April , 2016 .

ENDNOTE

1/ All subsequent references to Florida Statutes will be to 2015,

unless otherwise indicated.

C OPIES FURNISHED:

Tarlisha Davis

Apartment 208

1162 Hancock Creek Boulevard South

Cape Coral, Florida 33909

Robert Dodig, Jr., Esquire

School District of Lee County

2855 Colonial Boulevard

Fort Myers, Florida 33966

(eServed)

Matthew Mears, General Cou nsel

Department of Education

Turlington Building, Suite 1244

325 West Gaines Street

Tallahassee, Florida 32399 - 0400

(eServed)

Dr. Gregory Adkins, Superintendent

Lee County School Board

2 855 Colonial Boulevard

Fort Myers, Florida 33966 - 1012

NOTICE OF R IGHT 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 cas e.