Okaloosa County School Board — Special Meeting - Employee Disciplinary Appeals Hearing, June 19, 2018

Tuesday, June 19, 2018 Special Meeting - Employee Disciplinary Appeals Hearing School District Central Administration Complex Niceville, Florida Training Room 9:00 a.m. 1. Opening of Meeting Subject : 1.1 Call to Order by the Chairman Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 1. Opening of Meeting Subject : 1.2 Outline of Hearing Procedures Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Action (Consent), Procedural Consent Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a consent agenda listing several items for approval of the Board by a single motion. Documentation concerning these items have been provided to all Board members and the public in advance to assure an extensive and thorough review. Items may be removed from the consent agenda at the request of any board member. Motion & Voting Motion to approve the recommendation by the Board Attorney to proceed with the employee appeal hearing scheduled June 19, 2019 and not grant Mr. Clark’s request for a continuance. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White 2. Case No. 18-03 John Clark vs. The School District of Okaloosa County Subject : 2.1 Swearing-in of Presenters and Witnesses Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 2. Case No. 18-03 John Clark vs. The School District of Okaloosa County Subject : 2.2 Submission of Stipulated Exhibits Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information 2. Case No. 18-03 John Clark vs. The School District of Okaloosa County Subject : 2.3 Presentation of District's Case Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information Public Content Submission of District Composite Exhibit 2. Case No. 18-03 John Clark vs. The School District of Okaloosa County Subject : 2.4 Presentation of Employee's Case Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information 2. Case No. 18-03 John Clark vs. The School District of Okaloosa County Subject : 2.5 Board Action Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Action Motion & Voting Motion to include in the Findings of Fact that a report was filed by the employee to Risk Management on July 11, 2017, stating that the employee slipped on the floor and fell while using a liquid stripper on the floor; the District did complete a First Report of Injury or Illness that was filed with the District’s workman’s compensation carrier under the division as required by law based on Mr. Clark’s report of injury; Mr. Clark received medical care through the workman’s compensation claim. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in the Findings of Fact that the Superintendent conducted a meeting with Mr. Clark to review the proposed recommendation for termination and during that meeting, he informed the Superintendent that the hospital report was incorrect, and the Superintendent allowed him to go back to the hospital and provide written documentation of the corrected hospital report. Mr. Clark did not provide the corrected hospital report; finding of fact that after Mr. Clark received medical care the physician’s report showed there was a discrepancy between the reported facts to the District and the reported facts to the hospital as to how the accident had occurred and the discrepancy was discovered by the physician; findings of fact that the Workman’s Compensation refused to continue the physician’s care due to the discrepancy of the accident report, and based on the fact that the Workman’s Compensation physician had determined that Mr. Clark had taken Methadone that was not prescribed to the employee. Motion by Dewey Destin, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to include in Findings of Fact that Mr. Clark received a letter from Assistant Superintendent of Human Resources, dated January 16, 2018, (correction that the drug Methamphetamine should read Methadone) notifying him of the Superintendent’s proposal to recommend termination of employment; fact that Mr. Clark exercised his right to a informal meeting with the Superintendent as documented in Board Exhibit #1 received by the School Board Office on March 13, 2018; fact that a letter to Mr. Clark from the Superintendent dated February 27, 2018, confirming that she would recommend to the School Board termination of employment; fact that based on the employee request the School Board scheduled an employee appeal hearing on April 20, 2018 with Mr. Clark present to conduct the hearing, and Mr. Clark moved for continuance which the Board granted. The order to grant continuance was issued by the Board Chairman on April 26, 2018; findings of fact based on testimony by Mrs. Crawford, Mr. Clark notified her by email and phone voicemail on June 18, 2018 requesting a second continuance by the Board due to lack of transportation, and that Mrs. Crawford spoke to Mr. Clark on June 19, 2018, approximately 8:30 a.m. notifying him that the Board Attorney would not recommend another continuance and that the Board move forward with the hearing. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion was made to consider Conclusion of Law that Mr. Clark asked for this proceeding under provision of the master contract with the District under Article 7, Section K of the Master Contract with Okaloosa County School District and Okaloosa County Educational Support Professionals, and to determine that based on the findings of fact and the evidence presented that the Board finds just cause exists to terminate Mr. Clark’s employment. Motion by Tim Bryant, second by Melissa Thrush. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White Motion that the School Board of Okaloosa County uphold the Superintendent’s recommendation of termination of the employment of John Clark effective June 19, 2018, and directs Mr. McInnis to prepare a draft Final Order consistent with the motions and actions taken during this hearing and from the record of proceedings. Motion by Melissa Thrush, second by Tim Bryant. Final Resolution: Motion Carries Yes: Tim Bryant, Dewey Destin, Melissa Thrush, Lamar White 3. Adjournment Subject : 3.1 Adjournment of the meeting by the Chairman Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Procedural 4. Public Notices Subject : 4.1 Public Notice Meeting : Jun 19, 2018 - Special Meeting - Employee Disciplinary Appeals Hearing Type : Information Public Content This meeting will be open to the press and the public. Any person who decides to appeal any decision made by the Okaloosa County School Board with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the School Board at least 48 hours before the meeting by contacting the School Board’s Secretary, Jan Crawford, at 202 Highway 85 North, Niceville, Florida 32578, telephone (850) 833-5895. File Attachments 6-19-2018 Special Meeting - Employee Appeals Hearing.pdf (109 KB)