The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida 33966-1012 (239) 334-1102 www.leeschools.net SPECIAL SCHOOL BOARD MEETING May 08, 2018 2:00 p.m. -REVISED- Cathleen O'Daniel Morgan Chairman, District 7 Pamela H. LaRiviere Vice Chairman, District 5 Mary Fischer District 1 Melisa W. Giovannelli District 2 Chris N. Patricca District 3 Steven K. Teuber District 4 Jane E. Kuckel, PhD District 6 Gregory K. Adkins, Ed. D. Superintendent Keith B. Martin, Esq. Board Attorney Order of Business I. Opening Exercises A. Call to Order Ms. Cathleen O Daniel Morgan, Chairman Adoption of agenda as order of business. II. III. Public Comments Superintendent s Recommendations A. I recommend that the Board suspend Shari Crocker 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 meeting of the Board is Friday, May 11, 2018 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
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) Request to Address the School Board of Lee County Please Print Information Clearly Date: Specific agenda item/topic you plan to address: Name: _ Address: City: _ State: Zip: Phone/Cell: Email Address: Note: Speakers should conduct themselves in a courteous and respectful manner. (Please return completed form to Attorney before meeting begins.) 2
THE SCHOOL DISTRICT OF LEE COUNTY, FLORIDA Date: May 08, 2018 Section: Superintendent s Recommendation Subject: Petition for Termination of Employment Shari Crocker Item No: Presenter(s): Dr. Gregory K. Adkins 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 Shari Crocker, a Clerk Typist at Ida Baker High School. The grounds for Shari Crocker s termination are outlined in the Petition. Fiscal Impact: The action requested is within the current budget allocated to the department or area: Yes No N/A Superintendent s Recommendation: As Shari Crocker has requested an administrative hearing, I recommend that the Board suspend her 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:
BEFORE THE SCHOOL BOARD OF LEE COUNTY GREGORY K. ADKINS, Ed.D., Superintendent, Petitioner, V. Case No, 18-0001 SHARI CROCKER, 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 1012.27, Florida Statutes, to recommend to the School Board that any school employee be suspended and/or dismissed from employment. 2. Respondent, SHARI CROCKER ("Respondent"), has been employed with the District since January 4, 2010. She is currently assigned as a Clerk Typist at Ida S. Baker High School. 3. Respondent is an "educational support employee" as defined by 1012.40 (1) (a), Florida Statutes. Her employment is 4
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 the SPALC Agreement. 4. The Lee County School Board is located at 2855 Colonial Boulevard, Fort Myers, Florida 33966. 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 1012.22(1)(f) and 1012.40 (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 5.09 of the SPALC agreement and 1012.40(2)(c), 120.569 and 120.57, Florida Statutes. GENERAL ALLEGATIONS AND PROCEDURAL HISTORY 6. On February 2, 2018, Professional Standards & Equity received information that Respondent reportedly violated Board Policy and the SPALC contract. 7. Professional standards and Equity initiated an investigation into the allegations and determined that Page 2 of 6 Petition: Adkins v Crocker, Shari Case No. 18-0001 5
Respondent received multiple performance based disciplinary reprimands during the 2017-2018 school year. 8. The foregoing reprimands demonstrate Respondent's inability to perform the essential functions of her position as a clerk typist. 9. Respondent received written reprimands from the administration of Ida S. Baker High School on the following dates: November 29, 2017; November 30, 2017; January 9, 2018; January 23, 2018; January 25, 2018 and two on February 1, 2018. 10. All of the foregoing reprimands were for matters regarding the performance of duties expected of a Clerk Typist employed by the School District. 11. As a result of the allegations on March 8, 2018, Respondent attended a pre-determination conference with her union representative, Dr. Kerr Fazzone. Respondent was provided an opportunity to respond to the foregoing allegations. 12. Following the pre-determination conference, a determination was made regarding Respondent's employment. On March 16, 2018, Respondent was notified via letter that she was being recommended for termination and suspended without pay pursuant to School Board Policy 1.12. (See Exhibit #1) Page 3 of 6 Petition: Adkins v Crocker, Shari Case No. 18-0001 6
CHARGES 13. Respondent is unable to perform the essential functions of her position as a clerk typist. Respondent's actions constitute incompetency pursuant to Section 1012.33 (a), Florida Statutes, as defined by Rule 6A-5.056, F.A.C. 14. Due to the foregoing, 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, recoramends -that Respondent be terminated from her employment with the District. If Respondent requests a hearing on the Petition, the Superintendent requests that the Board continue her suspension without pay and benefits pending the outcome of the hearing, Page 4 of 6 Petition: Adkins v Crocker, Shari Case No. 18-0001 7
BESPONDENT IS HEPEBY NOTIFIED IN ACCORDANCE WITH LEE COXJNTY SCHOOL BOARD POLICY 1.12 TEAT 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, MAY 8, 2018, AT 2:00 P.M., OR AS SOON THEREAFTER AS IT MAY BE HEARD. RESPONDENT IS ADVISED THAT SHE 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 CHAR(^S 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 EVIIXSNTIARY 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 Crocker, Shari Case No. 10-0001 8
Respectfully submitted this 2nd day of April, 2018. GRBGOIWyfC/ADKINS, Ed.D., Petitismer ROBERT DODIG, JR. Attorney for Petitioner Florida Bar No. 0025593 The School District of Lee County 2855 Colonial Boulevard Fort Myers, Florida 33966 (239) 335-1447 / Telephone (239) 335-1530 / Facsimile Page 6 of 6 Petition: Adkins v Crocker, Shari Case No. 18-0001 9
The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida 33966 www.leeschools.net April 03, 2018 VIA PROCESS SERVER Shari Crocker 1908 SW 32"" Street Cape Coral. FL 33914 Robert dodig. B.C.S. Staff ATTORNEY Board Certified in education Law 239-335-1447 / 239-335-1530 (FAX) CATHLEEN O'DANIEL MORGAN Chairman, district? Pamela. H. LaRiviere Vice Chairman. District 5 Mary Fischer District 1 Melisa W. Giovannelli District 2 Chris n. Patricca Districts Steven K. Teuber District 4 JANE E. KUCKEL, PhD district 6 GREGORY K. ADKINS, ED. D. Superintendent Keith B, Martin, Esq. Board attorney Re: Shari Crocker- Petition for Termination Case No. 18-0001 Dear Ms. Crocker: In connection with the above-referenced matter, enclosed is a Petition for Termination which has been scheduled to be heard before the School Board at its meeting on Tuesday. May 8. 2QI8. at 2:00 p.m.. or as soon thereafter as it may be heard, at the Lee County Public Education Center, 2855 Colonial Boulevard. Fort Myers. PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY; 1. If you do not agree with the facts that are presented in the attached Petition, you may request an evidentiary hearing before the Division of Administrative Hearings or an arbitration (if you elect arbitration the costs of the proceeding will be shared by you and the District) prior to final action by the School Board. This request should be made to the undersigned at the above address and/or telephone number and MUST BE made within twenty-one (21) days of receipt of the attached Petition. 2. If you do not request an evidentiary hearing within twenty-one (21) days of receipt of the attached Petition, per School Board policy, the allegations in the Petition will be considered to be true and the only matter that shall be considered by the School Board will be whether dismissal is appropriate based upon the charges. You may appear at the School Board meeting and argue against the punishment. However, if you have not requested an evidentiary hearing, you may not argue about the truth of the allegations contained in the Petition. 3. If you plan to attend the School Board meeting, please contact the Staff Attorney at (239) 335-1447. rrobert Dodig, Jr. Staff Attorney RD/jat Attachment cc: Dr. Angela Pruitt, Chief Human Resource Officer Michelle Freeman, Director, Professional Standards and Equity Vision: To be a world-class school system 10
r\ The School District of Lee County 2855 Colonial Blvd. Fort Myers. Florida 33966 www.leeschools.net March 16,2018 Michelle Freeman. MSEd. Director, professional standards and Equity (239)461-8441 Fax: (239) 335-1 507 VIA CERTIFIED MAIL RETURN RECEIPT NO: 7016 3010 0000 0935 SQ55 AND REGULAR US MAIL Shari Croker 1908 SW 32"'' Street Cape Coral, FL 33914 Cathleen O'Daniel Morgan Chairman. District 7 Pamela h. lariviere Vice chairman, District 5 Mary Fischer District 1 Melisa W. Giovannelu District 2 Chris N. Patricca District 3 Steven k.teubeh District 4 Jane E. Kuckel. PhD District 6 Gregory K. Adkins. Ed. D. Superintendent KEITH B. Martin. Eso. Board attorney Dear Ms. Crocker: As you are aware, the School District of Lee County initiated an investigation due to your inability to perform your duties as a clerk typist. A predetermination hearing was held on March 8, 2018, to give you the opportunity to respond. You were present at the hearing in addition to: Andrew Brown, Coordinator, Professional Standards and Equity, Robert Dodig, Staff Attorney, Elizabeth Peterson, Service Unit Director / SPALC and Dr. Kerr Fazzone, Service Unit Director FEA. Please be advised that the investigation has concluded at this time and the District finds that there is just cause for disciplinary action. Effective close of day Friday, March 16, 2018, you are suspended without pay and benefits. We will be recommending to the Superintendent that you be terminated. This letter will be open to public inspection and/or copying pursuant to Chapters 1 19 and 1012, Florida Statutes, within ten (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, Michelle Freeman, MSEd. Director, Professional Standards and Equity cc: Dr. Angela J. Pruitt, PMP, SHRM-CP, Chief Human Resources Officer Robert Dodig, Staff Attorney Dr. Kerr Fazzone, Service Unit Director FEA Kimberly Hutchins, Director, Payroll Bonnie McFarland, Director, Insurance and Benefits Ms. Jami Covert, Principal, Mariner High School Personnel File >Jmvcstigation File Vision: To be a world-class school system EXHIBIT#! 11