The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida (239)
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1 The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida (239) Steven K. Teuber Chairman, District 4 SPECIAL SCHOOL BOARD MEETING June 14, :00 p.m. Mary Fischer Vice Chairman, District 1 Jeanne S. Dozier District 2 Cathleen O Daniel Morgan District 3 Pamela H. LaRiviere District 5 Gregory K. Adkins, Ed.D. Superintendent Keith B. Martin, Esq. Board Attorney Order of Business I. Opening Exercises A. Call to Order Mr. Steven Teuber, Chairman Adoption of agenda as order of business. II. III. Public Comments Superintendent s Recommendations A. As Mr. Torres has requested an administrative hearing, I recommend that the Board suspend him without pay until such time as the Board receives and acts upon the recommended order of the DOAH Administrative Law Judge. 3 IV. Other Business A. Board Members Comments B. Board Attorney s Comments C. Superintendent s Comments D. Next scheduled meetings of the Board: June 14, 2016, 2:00 p.m., School Board Briefing Meeting (to begin immediately following Special Board meeting) June 14, 2016, 6:00 p.m., School Board Regular Meeting V. Adjournment Anyone wishing to appeal a decision made by The School Board of Lee County at a meeting or hearing will need a verbatim record of the proceedings. This record must include the testimony and evidence upon which the appeal is to be based. Vision: To be a world-class school system 1
2 The School Board of Lee County encourages public input into decisions made by this Board in a courteous and educational manner. To ensure the rights and opportunity for hearing diverse opinion the following procedures must be followed: IF YOU WISH TO SPEAK AT TODAY S SCHOOL BOARD MEETING REGARDING AGENDA ITEMS OR ANY MATTER RELEVANT TO THE OPERATION OF THE SCHOOL DISTRICT YOU MUST 1) Completely fill out a blue card located at the back of the Board Room; 2) Give the blue card to the Secretary or the Board Attorney in the Board Room, BEFORE THE START of the meeting. Rules for Speaking: Speakers will be called in order of receipt of cards. At a Regular or Special Meeting speakers addressing agenda items or any other matter relevant to the operation of the School District will make comment at the beginning of the meeting. Each speaker will be allowed three (3) minutes speaking time unless the number of speakers is greater than 20, in which case each speaker will be allowed up to two (2) minutes of speaking time. If the number of speakers is greater than 30, speakers will be allowed one (1) minute. Please state your name for the record before you begin your speech. As each speaker nears the end of their speaking time, the School Board Attorney will instruct the speaker to conclude. Please conclude speaking at the end of the time period allotted. Failure to stop speaking when directed to do so by the School Board Attorney and after a warning issued by the meeting chair may result in being required to leave the meeting. No Speakers may yield their time to other people. Speakers and the public attending the meeting are expected to act in a respectful manner. Those who fail to do so after being warned by the meeting chair may be required to leave the meeting. Attacks on individuals are prohibited. Speakers may ask questions during their comments, but will not engage in dialogue with Board Members. The questions asked may be answered later in the meeting during Superintendent or Board Member comments. Speakers may also address non-agenda issues of educational relevance during public comment. If a speaker is advocating a certain action be taken by the Board which requires the expenditure of funds, the speaker shall reveal any financial interest in the Board taking such action. If the speaker is an employee, owner, or has a financial interest in or is related to an individual who is an employee, owner or has a financial interest in an entity which provides the product or service being advocated, the speaker must reveal such interest. IF YOU WISH TO SPEAK AT TODAY S SCHOOL BOARD BRIEFING All Rules are the same for speaking at a Board Briefing, except you can only speak to agenda items and it is unnecessary to fill out a card. THERE IS NO PUBLIC COMMENT PERMITTED AT SCHOOL BOARD WORKSHOPS. Policy 1.11 Adopted: 2/27/07 (Formerly: Policy 1.31); Revised: 7/31/07 Revised: 9/24/13 Revised: 1/13/15 Revised: 7/28/15 (Formerly: Policy 1.09) 2
3 THE SCHOOL DISTRICT OF LEE COUNTY, FLORIDA Date: June 14, 2016 Section: Superintendent's Recommendation Subject: Petition for Termination of Employment - Orlando Torres Item No: III. A. Presenter(s): Dr. Gregory K. Adkj^s Mr. Robert Dodig Dr. Angela Pruitt School Board Action strategic Plan: Focus Area: 4. Hire and retain the best talent. Background Information: Attached is a Petition for Termination of Employment for Orlando Torres, a Security Specialist at East Lee County High School. The grounds for Mr. Torres' termination are outlined in the Petition. The District was informed via letter dated April 29, 2016, that Robert J. Coleman, Esq., had been retained to represent Mr. Torres and that Mr. Torres was requesting a formal administrative hearing on the matter of his termination. The Petition was served on Mr. Coleman on April 29, Fiscal Impact: The action requested is /UT^in the current budget allocated to the department or area: M^i^Yes No N/A Superintendent's Recommendation: As Mr. Torres has requested an administrative hearing, I recommend that the Board suspend him without pay until such time as the Board receives and acts upon the recommended order of the DOAH Administrative Law Judge. Approved: Budget: Attorney: Superintendent: 3
4 BEFORE THE SCHOOL BOARD OF LEE COUNTY GREGORY K. ADKINS, Ed.D., Superintendent, Petitioner, V. Case No ORLANDO TORRES, Respondent PETITION FOR TERMINATION Petitioner, Gregory K. Adkins, Ed.D., as Superintendent for The School District of Lee County, Florida, through his undersigned attorney, Robert Dodig, Jr., files this Petition for Termination of Employment, and states as follows: JURISDICTION 1. Petitioner is Superintendent for the School District of Lee County {"District"), and therefore has the authority pursuant to , Florida Statutes, to recommend to the School Board that any school employee be suspended and/or dismissed from employment. 2. Respondent, ORLANDO TORRES ("Respondent"), has been employed with the District since August 5, He is currently assigned as a Security Specialist at East Lee County High School. 3. Respondent is an "educational support employee" as defined by (1)(a), Florida Statutes. His employment is 4
5 governed by the collective bargaining agreement between the Support Personnel Association of Lee County (^"SPALC") and the School Board of Lee County. The standard for the discipline of support personnel is ^'just cause" pursuant to Article 7 of the SPALC Agreement. 4. The Lee County School Board is located at 2855 Colonial Boulevard, Fort Myers, Florida The School Board's Administrative Code identification number is 6 GX-36. The School Board has the authority to terminate and/or suspend educational support personnel without pay and benefits pursuant to (1) (f) and (2) (c), Florida Statutes. 5. The Division of Administrative Hearings C'DOAH"), has contractual jurisdiction over the parties and the subject matter of this Petition in the event Respondent requests a hearing on this matter pursuant to Board Policy 1.12(7) (c) and provision of the SPALC agreement and (2) (c), and , Florida Statutes. GENERAL ALLEGATIONS AND PROCEDURAL HISTORY 6. On February 4, 2016, Professional Standards & Equity received information that Respondent reportedly violated Board policy and the SPALC contract by allegedly making inappropriate comments and sexual advances toward female students at East Lee County High School. Page 2 of 6 Petition: Adkins v Torres, Orlando Case No
6 7. Professional Standards and Equity initiated an investigation into the allegations and determined that Respondent made inappropriate comments and remarks of a sexual nature, on numerous occasions, in the presence of or directed towards at least three female high school students. 8. The comments included suggestions that Respondent was interested in the students sexually, and caused the students extreme discomfort, embarrassment, and created an inhospitable learning environment. 9. As' a result of the allegations and subsequent investigation, on March 11, 2016, Respondent attended a pre determination conference with his union representative, Suzan Rudd. Respondent was provided an opportunity to respond to the foregoing allegations and denied each and every allegation. 10. Following the pre-determination conference, a determination was made regarding Respondent's employment. On April 19, 2016, Respondent was notified via letter that he was being recommended for termination and suspended without pay pursuant to School Board Policy (See Exhibit #1) CHARGES 11. Respondent's actions constitute misconduct in office pursuant to Florida Statute (1)(a) as defined by State Board Rule 6A-5.056(2), F.A.C. Respondent's actions violate Page 3 of 6 Petition: Adkins v Torres, Orlando Case No
7 School Board Policy 5.02, Professional Standards, which requires dedication to high ethical standards. Respondent's actions violate School Board Policy 5.03, General Requirements for Appointment or Employment, which requires that employees must be of good moral character. Respondent's actions violate School Board Policy 5.29, Complaints Relating to Employees, which requires all employees exemplify conduct that is lawful and professional. Respondent's actions violate School Board Policy 5.30, Complaint Procedures for Sexual Harassment by Employees, which prohibits sexual harassment of other individuals by employees in the workplace. Respondent's conduct violates provision 7.12, Workplace Civility, of the SPALC contract which prohibits profane or harassing conduct. Respondent's conduct was unbecoming of a School Board employee and has impaired his effectiveness as a District employee. Due to the foregoing violations of Florida law. State Board of Education Rules and School Board policies, just cause exists for the termination of Respondent's employment. WHEREFORE, Petitioner, Dr. Gregory K. Adkins, Superintendent for the School District of Lee County, Florida, recommends that Respondent be terminated from his employment with the District. If Respondent requests a hearing on the Petition, the Superintendent requests that the Board continue Page 4 of 6 Petition: Adkins v Torres, Orlando Case No
8 his suspension without pay and benefits pending the outcome of the hearing. RESPONDENT IS HEREBY NOTIFIED IN ACCORDANCE WITH LEE COUNTY SCHOOL BOARD POLICY 1.12 THAT AN AGENDA ITEM REQUESTING ACTION BY THE SCHOOL BOARD AND SETTING FORTH THE SUPERINTENDENT'S RECOMMENDATION TO TERMINATE RESPONDENT HAS BEEN PREPARED AND IS SET TO BE HEARD BY THE BOARD AT A SPECIAL SCHOOL BOARD MEETING ON TUESDAY, JUNE 14, 2016, AT 2:00 P.M., OR AS SOON THEREAFTER AS IT MAY BE HEARD. RESPONDENT IS ADVISED THAT HE MAY REQUEST AN EVIDENTIARY HEARING ON THE CHARGES IN THIS PETITION AND MUST MAKE THE REQUEST WITHIN TWENTY-ONE (21) DAYS OF RECEIPT OF THE PETITION. THE REQUEST FOR A HEARING SHOULD BE MADE TO PETITIONER'S ATTORNEY AT THE ADDRESS AND/OR PHONE NUMBER LISTED BELOW. RESPONDENT'S FAILURE TO REQUEST A HEARING SHALL CONSTITUTE AN ADMISSION THAT THE CHARGES IN THE PETITION ARE TRUE AND THE ONLY MATTER THAT SHALL BE CONSIDERED BY THE SCHOOL BOARD IS WHETHER DISMISSAL IS APPROPRIATE BASED UPON THE CHARGES. IF RESPONDENT FAILS TO REQUEST AN EVIDENTIARY HEARING THE ONLY MATTER TO BE DISCUSSED AT THE SPECIAL SCHOOL BOARD MEETING IS THE APPROPRIATENESS OF THE RECOMMENDED PENALTY. Page 5 of 6 Petition: Adkins v Torres, Orlando Case No
9 Respectfully submitted this 29th day of April, GREt^ORX/K./ A15kINS, Ed. D., Petitioner ROBERT DODIG, JR. Attorney for Petitioner Florida Bar No The School District of Lee County 2855 Colonial Boulevard Fort Myers, Florida (239) / Telephone (239) / Facsimile Page 6 of 6 Petition: Adkins v Torres, Orlando Case No
10 SSBHtaranil The School District of lee County 2855 COLONIAL Blvd./ Fort Myers, Florida /(239) / TTD/TTY (239) P/ ANGELA J. PRUITT. PH.D. STEVEN K. TEUBER Executive Director, Human Resources Chairman, district 4 (239) 335«509 Fax: (239) Mary Fischer Vice Chairman, District 1 orvir Apnll9, 2016 Jeanne S. dozier District 2 Cathleen O'Daniel Morgan Districts PamelaH. LaRiviere Districts VIA CERTIFIED MAH. RETURN Gregory K. adkins, ed. d. RECEIPT NO; AND REGULAR US MAIL Orlando Torres (Security Specialist/East Lee County High School) 5313 Bynwood Street Lehigh Acres, Fl superintendent Dear Mr. Torres: As you are aware, the School District of Lee County initiated an mvestigation into allegations of misconduct against you. A Predetermination hearing was held on Tuesday, March 15, 2016, to give you the opportunity to respond. You were present at the hearing in addition to: Myself, Robert Dodig, Staff Attorney and Suzan Rudd, Service Unit Director FEA. Please be advised that the mvestigation has concluded at this time and the District fmds there is probable cause for disciplinary action. Effective 4/20/16, you are suspended without pay and benefits. We will be recommending to the Superintendent that you be terminated from your position at the next appropriate School Board meeting. This letter will be open to public inspection and/or copying pursuant to Chapters 119 and 1012, Florida Statutes, within 10 days of your receipt of the same. A copy of this letter will be placed in your personnel file. Any other documents shall be maintained as required by law. Please be advised that you have the right to answer these materials in writing and that this answer will be attached to the documents in the personnel file. Sincerely, An^^ J. Pniitt, Ph.D. Executive Director, Human Resources go: ^egory K. Adkins, Ed.D, Superintendent v/^bert Dodig, Staff Attorney Suz^ Rudd, Service Unit Director FEA Susan Zellers, Principal, East Lee County High School Rita Zazarro, Director, Payroll Personnel File Investigation File EXHIBIT Vision: To Be A World-Cu^s School System 10
The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida (239)
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