Amador v. the School Board of Monroe County, Florida

225 So. 3d 853, 2017 WL 2264605, 2017 Fla. App. LEXIS 7516
CourtDistrict Court of Appeal of Florida
DecidedMay 24, 2017
Docket14-0039
StatusPublished
Cited by1 cases

This text of 225 So. 3d 853 (Amador v. the School Board of Monroe County, Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amador v. the School Board of Monroe County, Florida, 225 So. 3d 853, 2017 WL 2264605, 2017 Fla. App. LEXIS 7516 (Fla. Ct. App. 2017).

Opinions

SUAREZ, C.J.

Thomas Amador appeals from the final order of the School Board of Monroe County rejecting the findings of fact and conclusions of law of the Administrative Law Judge (“ALJ”) and terminating Ama-dor’s employment. We reverse. The record shows that the findings of fact and conclusions of law of the Administrative Law Judge were supported by competent, substantial evidence. As such, the School Board cannot override the findings and conclusions of the Administrative Law Judge.

In January 2012, the Superintendent of Schools for Monroe County filed an administrative Complaint against Thomas Ama-dor. The complaint did not allege any violation of, nor did it attach a copy of, the applicable collective bargaining agreement (“CBA”), The administrative Complaint instead alleged violations of two School Board of Monroe County (“School Board”) policies, policy item 4120, Employment of Support Staff, and policy item 4210, which [855]*855lists-Standards of Ethical Conduct, Section 41201 provides a description of what constitutes a “regular” vs “support” employee and how the Superintendent is to regulate that employment. Policy 42102 establishes standards of ethical conduct “for all support members in the District who have direct access to students.” The Complaint .alleged that Amador violated policy 4120 by “willful violation of the policies of the School Board, including School Board Policy 4210 .... ” Regarding policy 4210, the Superintendent specifically alleged Ama-dor violated items (I), (L), and (Q).

Policy 4210 by its own terms, applies only to Support Staff Members who have direct access to students. Policy item 4210 (I) provides that a support staff member may not use institutional privileges for personal gain or advantage; Policy item 4210 (L) provides that the support staff member must maintain honesty in all dealings; Policy item 4210 (Q) provides that the support staff member may not submit fraudulent information on any document in connection with employment. The Superintendent alleged in the Complaint that Amador violated these specific ethical standards by failing to log accurate work hours and work locations thereby stealing time, inappropriately ' using a District-owned vehicle for personal use (only one incident was documented), and providing fraudulent information in vehicle use/mileage logs, again by failing to log accurate hours and travel locations.

Amador timely requested a formal administrative hearing, and the matter was referred to the Division of Administrative Hearings (“DOAH”). At the hearing, the ALJ admitted evidence, and heard argument and testimony from both parties. The ALJ issued an Order recommending dismissal of the Complaint because there was no record evidence of the terms or provisions of an applicable collective bargaining agreement. In the alternative, the ALJ recommended dismissal, specifically finding that no evidence was produced at the hearing to prove that Amador had “direct access” to the students as was required in order to have the provisions of Policy 4210 apply to him. The ALJ stated specifically:

Absence of record evidence concerning .the terms of the collective bargaining agreement required the dismissal of the Complaint. The undersigned further concluded, in the alternative, that dis[856]*856missal of the Complaint was warranted in light of Petitioner’s failure to demonstrate the applicability of School Board Policy 4210—a policy that, by its express terms, applies only to support staff members with direct access to students. (No evidence was adduced during the final hearing that would support a finding that Respondent had such direct access.) In light of these deficiencies, the undersigned found it unnecessary—and therefore declined—to make specific findings concerning the underlying factual allegations.

And,

The record is devoid of evidence that Respondent has direct access to students, and the nature of Respondent’s position (an air-conditioning mechanic) does not permit the undersigned to infer as much; therefore, Petitioner has failed to demonstrate that Respondent is subject to the proscriptions of School Board Policy 4210.
6. In light of these unique circumstances—i.e., Petitioner has not proceeded against Respondent under the terms of the collective bargaining agreement (as it should have), but rather, under a school board policy that applies only to employees that have direct access to students—it is unnecessary to reach the merits of the underlying allegations of misconduct. Petitioner bears the burden of proof in this proceeding.

Because of the lack of evidence of the CBA or “direct access,” the ALJ choose not to address the factual allegations in the Complaint. The ALJ recommended that the Complaint against Amador be dismissed and Amador be immediately reinstated to his job. The School Board remanded the Recommended Order to DOAH with instructions that the ALJ make findings of fact and reach the merits based on the record evidence submitted by the parties, and submit an Amended Recommended Order based on those findings of fact.

On remand, the ALJ reviewed the entire record and transcripts from the previous hearing and found, once again, that the record was devoid of any evidence that Amador’s air-conditioning mechanical employment afforded him “direct access” to students as that phrase is used in School Board policy 4210. The ALJ concluded that

Assuming for the sake of argument that the CBA’s omission from the record is of no consequence, the rule under which Petitioner seeks to discipline Respondent (School Board Policy 4210) applies, by its express terms, only to support employees who have direct access to students. The record is devoid of evidence that Respondent has such access, and the nature of his position (an air-conditioning mechanic) does not permit the undersigned to infer as much. Petitioner has, therefore, failed to demonstrate that Respondent is subject to the proscriptions of School Board Policy 4210.

Regarding the fraudulent documentation allegation, the ALJ further concluded that the record evidence,

demonstrates, at most, that Respondent maintained inconsistent and incomplete records, took a late break on one occasion, and spent an extra 15 minutes away from the work site on a day— October 18, 2011, the date of his grievance hearing—when no repair tasks were to be performed. Petitioner has not proven, however, that these acts, while arguably insubordinate (a charge not brought in this proceeding), were fraudulent, dishonest, or constituted a misuse of institutional privileges for personal gain or advantage.

Once again, the ALJ recommended that the School Board enter a Final Order dis[857]*857missing the administrative complaint and reinstating Amador. The Superintendent submitted exceptions to the Recommended Order and the Recommended Order on Remand arguing, based on the same record and facts as the ALJ, that the ALJ had arrived at the wrong factual and legal conclusions. Amador filed a response. The Monroe County School Board rejected the ALJ’s Recommended Order and findings of fact and granted all of the exceptions filed by the Superintendent and terminated Amador’s employment.

We review the Board’s final order pursuant to section 120.68, Florida Statutes (2014).

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Bluebook (online)
225 So. 3d 853, 2017 WL 2264605, 2017 Fla. App. LEXIS 7516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amador-v-the-school-board-of-monroe-county-florida-fladistctapp-2017.