School Board v. Johnson

7 Fla. Supp. 2d 147
CourtState of Florida Division of Administrative Hearings
DecidedOctober 18, 1984
DocketCase No. 83-3065; Case No. 84-0195
StatusPublished

This text of 7 Fla. Supp. 2d 147 (School Board v. Johnson) is published on Counsel Stack Legal Research, covering State of Florida Division of Administrative Hearings primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School Board v. Johnson, 7 Fla. Supp. 2d 147 (Fla. Super. Ct. 1984).

Opinion

OPINION OF THE COURT

JAMES E. BRADWELL, Hearing Officer.

[148]*148Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in these consolidated cases on April 26 and 27, 1984. By Order dated June 6, 1984, the parties were afforded leave through July 2, 1984 to submit proposed recommended orders to the undersigned for consideration in preparation of this Recommended Order. The parties, through their counsel, submitted proposed recommended orders on July 2, 1984, which were considered by me in preparation of this Recommended Order. To the extent that the parties’ proposed findings of fact were consistent with the weight of the credible evidence introduced at final hearing, they were adopted and are reflected in this Recommended Order. To the extent that the findings were not consistent with the weight of the credible evidence, they have been rejected or, when possible, modified to conform to the evidence. Proposed findings that are subordinated, cumulative, immaterial or unnecessary have not been adopted.1

ISSUES

The issues presented herein are whether or not the Respondent, George Archie Johnson, should be dismissed from his employment as a teacher by the Petitioner, Dade County School Board and whether or not disciplinary action should be taken against Respondent’s teaching certificate based on allegations set forth in the notice of charges2 filed by the Petitioner, School Board of Dade County, Florida and the administrative complaint filed by the Petitioner, Commissioner of Education.

BACKGROUND

The cause was commenced initially on August 24, 1983, when.the -Petitioner, School Board of Dade County, took action to dismiss Respondent, George Archie Johnson, from all employment by the Dade County School Board. Thereafter, on December 19, 1983, the Commissioner of Education served its administrative complaint which was filed against Respondent Johnson. Respondent’s counsel timely appealed both actions and the cases were consolidated by Order dated Fabruary 21, 1984. In the administrative complaint filed by the Petitioner, Commissioner of Education, it is alleged that on or about November 12, 1980 and continuing through April 15, 1983, Respondent purchased auto parts on the account of Robert Morgan Voca[149]*149tional Technical School, where he was employed as an instructor, for his own personal use and despite repeated requests for payments, Respondent failed to pay the account until April 15, 1983; that on or about March 2, 1982, Respondent accepted for repair a 1974 Porsche automobile which was not owned by an employee of the School Board or a student of Robert Morgan, in violation of School Board rules and regulations, and that Respondent received payment for the repair work from the owner but failed to turn the funds over to Robert Morgan; that on or about September 16, 1982 and continuing through August 25, 1983, Respondent ordered parts and materials having a value in excess of $700 for his own personal automobile, charging said parts and materials to the account of Robert Morgan; that Respondent forged, altered and/or incorrectly prepared Work Order No. 10330 on the prescribed School Board form, indicating that parts ordered on the account of Robert Morgan were for a customer of the school when, in truth and in fact, they were ordered for his own personal automobile; that on or about December 5, 1982, Respondent accepted a 1972 Ford LTD automobile for repair at Robert Morgan and received a deposit in the amount of $225 from its owner; that Respondent failed to perform the work promised on said automobile, replaced the existing battery in the automobile with a battery which was inferior and unsuitable for said automobile and converted the original battery for his own use; that Respondent allowed the automobile to be damaged by the elements and that he removed its vinyl top and exposed the interior to the rain; that Respondent failed to perform the agreed repairs, failed to return the deposit and failed to return the automobile at the agreed time; that on or about March 28, 1983, while acting in his capacity as an employee of the Dade County School Board at Robert Morgan, Respondent accepted for repair a Lancia automobile owned by a School Board employee together with a check in the amount of $200 payable to Respondent as a deposit for repairs; that contrary to School Board rules and regulations, Respondent performed the repairs upon said automobile at his personal residence without the permission of the School Board or the owner of the automobile; that Respondent converted the owner’s $200 deposit to his own use; that between April of 1983 and August 25, 1983, Respondent falsely accused School Board employees of violation of School Board production policy, rules and regulations, knowing said accusations were false at the time they were made. Based upon these charges, Petitioner, Commissioner of Education, asserts that Respondent has violated Sections 231.28, Florida Statutes, by committing acts of gross immorality or moral turpitude and engaging in personal conduct which seriously reduced his effectiveness as an employee of the Dade County School Board. Further, [150]*150Petitioner alleges that the allegations set forth in the administrative complaint are in violation of Rule 6B-1.06(4)(c), (5)(a) and (g), Florida Administrative Code, which prohibit use of institutional privileges for personal gain or advantage, require teachers to maintain honesty in all professional dealings and prohibit submission of fraudulant information on documents in connection with professional activities.3

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, and the prehearing stipulation, I hereby make the following relevant factual findings.

Respondent holds Florida teaching certificate 473297 issued by .the Florida Department of Education covering the area of auto body repair. At the times material hereto, Respondent was employed by the Dade County School Board as an auto body instructor at Robert Morgan Vocational Technical Institute (herein sometimes referred to as “Robert Morgan”).

Respondent began his employment at Robert Morgan on a part-time basis during May of 1980 and was employed on a full-time basis during August of 1980. Prior thereto, Respondent had been employed in private industry working at Williamson Cadillac for several years and, later, Rhinehart Volkswagen. Respondent had worked in the auto body industry for approximately 20 years prior to being employed at Robert Morgan.

The Dade County School District has adopted an internal accounting operating policy and procedure for production shops numbers 2-6 which was in effect during the time of Respondent’s employment. (Joint Exhibit 21) Additionally, Robert Morgan adopted “management procedures and policies” which were set forth in a production manual, copies of which were provided to all production shop instructors. (Joint Exhibit 21) .

School Board policy and school production policy provides that the following individuals may have their automobiles worked on in Robert Morgan’s Auto Body Repair Shop: (a) students currently enrolled in a particular program (in this case, auto body); (b) employees of the Dade County School District; and (c) non-profit organizations which submit a request to the school principal and whose requests are accepted. [151]

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Bluebook (online)
7 Fla. Supp. 2d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-board-v-johnson-fladivadminhrg-1984.