01-21-2014 Regular School Board Meeting
Agenda Item #18


Title
Entry of Final Order in Brevard County School Board v. James B. Wilkins DOAH Case No. 12-3901TTS

Discussion

The Administrative Law Judge entered a Recommended Order on November 1, 2013. Petitioner filed timely exceptions to the Recommended Order. Respondent filed timely responses to the exceptions and a Motion to Strike the Petitioner's Exceptions.

The School Board Attorney has reviewed the Recommended Order, the transcript of the formal hearing, exhibits admitted in evidence and the exceptions, responses to the exceptions and Respondent's Motion to Strike Petitioner's Exceptions.

The Administrative Law Judge's findings of fact are supported by competent substantial evidence. The Administrative Law Judge's conclusions of law are correct except for the conclusion of law of paragraph 114 of the Recommended Order. The School Board Attorney recommends that the School Board:

A.  Deny Respondent's Motion to Strike Petitioner's Exceptions to the Recommended Order.

B.  Adopt the Administrative Law Judge's findings of fact contained in the Recommended Order.

C.  Adopt the Administrative Law Judge's conclusions of law contained in the Recommended Order except for the Administrative Law Judge's conclusion of law in paragraph 114 of the Recommended Order.

D.  Dismiss all charges against Respondent, James B. Wilkins, and reinstate Respondent as a teacher effective January 21, 2014. A copy of the Recommended Order is attached as Exhibit "A." A copy of the proposed Final Order is attached as Exhibit "B."

E.  Petitioner's Exceptions to the Recommended Order are attached as Exhibit "C."

F.  Respondent's Motion to Strike And/Or Response to Petitioner's Exceptions to the Recommended Order are attached as Exhibit "D."



Recommendation
Enter the proposed Final Order dismissing all charges and reinstating Respondent, James B. Wilkins, as a teacher with full back pay and benefits.

Meeting Date(s)
Consent w/o Information - 1/21/2014

Authority for Action
Section 120.57, F.S.

Involves Expenditure of Funds Directly in the Classroom
No

Source of Funding
Operating - Other

FY
Amount
Budgeted
Fund
Cost Center
Project
Function
Object
Program
13/14xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Contact
Pam Escobar, Administrative Assistant to the School Board, ext. 412


Attachment:  2014-0121 Exhibit A.pdf
Attachment:  2014-0121 Exhibit B.pdf
Attachment:  2014-0121 Exhibit C.pdf
Attachment:  2014-0121 Exhibit D.pdf