11-20-2012 Organization of the Board with Oath and Regular School Board Meeting
Agenda Item #44


Title
Entry of Final Order in Brevard County School Board v. Walt Petters and Joseph Fayed; DOAH Case Nos 11-5494TTS and 11-5495TTS

Discussion

The School Board accepted the Superintendent's recommendation to terminate the annual contracts of administrative employees, Walt Petters and Wes Fayed, at the October 11, 2011, meeting.  Petters and Fayed requested an administrative hearing and the matter was forwarded to the Division of Administrative Hearings (DOAH) for formal proceedings.  An administrative hearing was conducted on May 1 through 3, 2012, before the Honorable J.D. Parrish, Administrative Law Judge (ALJ).  On September 6, 2012, Judge Parrish entered a Recommended Order finding that Petters and Fayed were guilty of misconduct in office and recommended that the School Board enter Final Orders terminating Petters' and Fayed's employment effective October 11, 2011.

 

Petters' and Fayed's counsel filed exceptions to the Recommended Order on September 21, 2012, and the Superintendent's counsel filed responses to the exceptions on October 1, 2012.

 

The School Board Attorney has reviewed the Recommended Order, the transcript of the formal hearing, exhibits admitted in evidence and the exceptions and responses to the exceptions.

 

The findings of fact of the ALJ are supported by competent substantial evidence.  The ALJ's conclusions of law and recommendation for termination of employment are correct and supported by the record of the formal hearing. Petters' and Fayed's exceptions should be denied.  The School Board Attorney recommends that the School Board:

 

  A.  Deny Petters' and Fayed's exceptions to the Recommended Order.

 

  B.  Adopt the ALJ's findings of fact, conclusions of law and recommended penalty contained in the Recommended Order; and

 

  C.  Adopt the Recommended Order as the Final Order of the School Board.

 

A copy of the ALJ's Recommended Order is attached as Exhibit "A".  A copy of the proposed Final Order of the School Board is attached as Exhibit "B".



Recommendation

Enter the proposed Final Order adopting the Administrative Law Judge's Recommended Order and terminate the employment of employees, Walt Petters and Joseph Fayed effective October 11, 2011.



Meeting Date(s)
Consent w/o Information - 11/20/2012

Authority for Action
Sections 120.57; 1012.33, Florida Statutes

Involves Expenditure of Funds Directly in the Classroom
No

Source of Funding
Other Sources

FY
Amount
Budgeted
Fund
Cost Center
Project
Function
Object
Program
12-13TBDxxxxxxx

Contact
Harold T. Bistline, School Board Attorney, 639-0505


Attachment:  Fayed Petter Recommended and Final Order.pdf