Vision: To be a world-class school system

SPECIAL SCHOOL BOARD MEETING July 26, 2016 – 2:00 p.m.

Order of Business

I. Opening Exercises

A. Call to Order – Mr. Steven Teuber, Chairman

Adoption of agenda as order of business.

II. Public Comment

III. Superintendent’s Recommendations

A. I recommend Board approval of the Final Order thereby terminating Luis

Santiago Velez from his employment with the School District of Lee County,

effective end of the day, July 26, 2016. 4

IV. Other Business

A. Board Members’ Comments

B. Board Attorney’s Comments

C. Superintendent’s Comments

D. Next scheduled meetings of the Board:

July 26, 2016, 2:00 p.m., School Board Briefing Meeting (to begin

immediately following Special Board meeting)

July 28, 2015, 5:05 p.m., School Board Special Meeting to Adopt the

FY16 Tentative Budget

July 28, 2015, 6:00 p.m., School Board Meeting

The School District of Lee County 2855 Colonial Blvd. Fort Myers, Florida 33966-1012 (239) 334-1102 www.leeschools.net

Steven K. Teuber

Chairman, District 4

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

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.

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)

THE SCHOOL DISTRICT OF LEE COUNTY, FLORIDA

Date: July 26, 2016 Section: Superintendent's Recommendation

Subject: Petition for Termination of Employment -Luis Santiago Velez

Item No: HI- A. Presenter(s): Dr. Gregory K. AdkinsMr. Robert DodigDr. 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 forLuis Santiago Velez, a custodian at South Fort Myers High School.The grounds for Mr. Santiago Velez's termination are outlined inthe Petition.

Fiscal Impact:

The action requested i^\vii^lhin the current budget allocatedto the department or area: M \A\ /Yes No N/A

Superintendent's Recommendation:

I recommend Board approval of the Final Order therebyterminating Luis Santiago Velez from his employment with theSchool District of Lee County, effective end of the day, July 26,2016.

Approved: Budget: ^ Attorney:

Superintendent:

iThe School District of Lee County

2855 COLONIAL BLVD. ♦ FORT MYERS. FLORIDA 33966 ♦ WWW.LEESCHOOlJS.NET

ROBERT DODIG, B.C.S.Staff Attorney

BOARD CERTIRED IN EDUCATION LAW239-335-1447 / 239-335-1530 (FAX)

June 20,2016

Steven K. Teuber

Chairman, District 4

MARY FISCHER

VICE Chairman, District l

Jeanne S. dozierdistrict 2

Cathleen O'Daniel MorganDistrict 3

Pamela H. LaRiviereDistrict 5

GREGORY K. ADKINS, ED. D.Superintendent

Keith b. Martin, Esq.

Board AttorneyVIA PROCESS SERVER

Mr. Luis Santiago Velez3415 29* Street SWLehigh Acres, Florida 33976

Re: Luis Santiago Velez - Petition for Termination - Case No. 16-0008

Dear Mr. Santiago Velez:

In connection with the above-referenced matter, enclosed is a Petition for Terminationwhich has been scheduled to be heard before the School Board at its meeting on Tuesday^ July26.2016. at 2;00 D,m.. or as soon thereafter as it may b^lieard, at the Lee County Public EducationCenter, 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, youmay request an evidentiary hearing before the Dmsion of Administrative Hearings or anarbitration (if you elect arbitration the costs of the proceeding will be shared by you and theDistrict) prior to final action by the School Board. This request should be made to the undersignedat the above address and/or telephone number and MUST BE made within twenty-one (21) daysof receipt of the attached Petition.

2. If you do not request an evidentiary hearing within twenty-one (21) days of receiptof the attached Petition, per School Board policy, the allegations in the Petition will be consideredto be true and the only matter that shall be considered by the School Board will be whetherdismissal is appropriate based upon the charges. You may appear at the School Board meetingand argue against die punishment. However, if you have not requested an evidentiary hearing, youmay not argue about the truth of the allegations contained in the Petition.

vision: To be a world-class school system

3. If you plan to attend the School Board meeting, please contact the Staff Attorneyat (239) 335-1447.

Sincerely,

Robert Dodie. Jr. ' IRobert Dodig, JrStaff Attorney

RD/aew

Enclosure

cc: Dr. Angela Pruitt, Executive Director, Human ResourcesMs. Michelle Freeman, Director, Professional Standards and Equity

BEFOBE THE SCHOOL BOARD OF LEE COXBITY

GREGORY K. ADKINS, Ed.D.,

Superintendent,

Petitioner,

V.

LUIS SANTIAGO VELEZ,

Respondent.

Case No. 16-0008

PETITION FOR TERMIMATION

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, LUIS SANTIAGO VELEZ (""Respondent"), has

been employed with the District since February 4, 2011. He is

currently assigned as a custodian at South Fort Myers High

School.

3. Respondent is an ""educational support employee" as

defined by §1012.40(1) (a) , Florida Statutes. His employment is

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 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 (*^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

7.109 of the SPALC agreement and §§1012.40(2)(c), 120.569 and

120.57, Florida Statutes.

GEINERAL JMiLEGATIONS JMSD PROCEDURAL HISTORY

6. On' February 8, 2016, Professional Standards & Equity

received information that Respondent reportedly violated Board

policy and the SPALC contract by threatening to have a co-worker

^'beat-up" after she reported Respondent was in her assigned

area, behind a teacher's desk.

Page 2 of 6

petition: Adkins v Velez, LuisCase No. 16-0008

7. Professional Standards & Equity initiated an

investigation and determined the following:

8. Respondent was often found in unauthorized areas of

the building searching through desks, refrigerators and

cabinets.

9. On at least one occasion, an employee's money went

missing from her handbag in an area Respondent was able to

access.

10. Respondent referenced a dream where he shot an

assistant principal at school.

11. Respondent threatened co-workers on multiple

occasions.

12. As a result of the foregoing. Respondent was provided

an opportunity to discuss the allegations at a predetermination

conference scheduled for May 19, 2016. Respondent did not

appear for the scheduled meeting. The predetermination

conference was rescheduled for May 31, 2016. Respondent once

again failed to appear for the scheduled meeting.

13. Following the predetermination conference, a

determination was made regarding Respondent's employment. On

June 3, 2016, Respondent was notified via letter that he was

being recommended for termination and suspended without pay

pursuant to School Board Policy 1.12. (See Exhibit )

Page 3 of 6

Petition: Adkins v velez, LuisCase No. 16-0008

CHARTS

14. Respondent's actions constitute misconduct in office

pursuant to Florida Statute §1012.33(1)(a) as defined by State

Board Rule 6A-5.056(2), F.A.C. Respondent's actions violate

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 conduct violates provision 7.12,

Workplace Civility, of the SPALC contract which prohibits

intimidating or threatening 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

Page 4 of 6

Petition: Adkins v Velez, LuisCase No. 16-0008

Petition, the Superintendent requests that the Board continue

his suspension without pay and benefits pending the outcome of

the hearing.

BESPOHmENT IS BEREBY NOTIFIED IN ACCORCANCE WITB LEE COUNTY

SCHOOL BOARD POLICY 1,12 THAT AN AGENDA ITEM REQUESTING ACTION

BY THE SCHOOL BOARD AND I^TTING FORTH THE SUPERINTENDENT'S

RECCBOSENDATION TO TERMINATE RESPONDENT HAS BEEN PREPARED AND IS

SET TO BE HEARD BY THE BOARD AT A SPECIAL SCHOOL BOARD MEETING

ON TUESDAY, JULY 26, 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 Velez, LuisCase No. 16-0008

Respectfully submitted this 20th day of June, 2016.

7

Ed.D.,GR^GO^ Ky APetition^

ROBERT DODIG, JR.

Attorney for PetitionerFlorida 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 Velez, LuisCase No. 16-0008

iThe School District of lee County

2855 COLONIAL BLVD. ♦ FORT MYERS, FLORIDA 33966 ♦ WWW.LEESCHOOLS.NET

Michelle freeman, msed.

Director. Professional standards a Equity(239) 461 -8441 Fax: (239) 335-1507

Steven k. teuber

Chairman. District 4

Mary Fischer

Vice Chairman, District i

Jeanne S. Dozier

District 2

Cathleen O'Daniel Morgan

District 3

PAMELA H. LaRIVIERE

District 5June 3,2016 Gregory k. Adkins. Ed. d.

Superintendent

VIA CERTIFIED MAIL RETURN Keith b. martin, Esq.

RECEIPT NO: 7014 3490 0000 6492 5327 attorneyAND REGULAR US MAIL

Luis Santiago Velez (Custodian/South Fort Myers High School)3415 29^''Street SWLehigh Acres, Fl. 33976

Dear Mr. Santiago Velez:

As you are aware, the School District of Lee County initiated an investigation into allegations of misconductagainst you. A pre-determination hearing was scheduled for Thursday, May 19, 2016, to give you theopportunity to respond. You did not appear for the scheduled hearing. An additional pre-determinationhearing was scheduled for Tuesday, May 31, 2016, to give you the opportunity to respond. You did notappear for the rescheduled hearing.

Please be advised that the investigation has concluded at this time and the District finds there is probablecause for disciplinary action. Effective Monday, May 31,2016, you are suspended without pay and benefits.We will be recommending to the Superintendent that you be terminated fh>m your position at the nextappropriate School Board meeting.

This letter will be open to public inspection and/or copying pursuant to Chapters 119 and 1012, FloridaStatutes, within 10 days of your receipt of the same. A copy of this letter will be placed in your personnelfile. Any other documents shall be maintained as required by law. Please be advised that you have the rightto answer these materials in writing and that this answer will be attached to the documents in the personnelfile.

Sincerely,

Michelle Freeman, MSEdDirector, Professional Standards and Equity

cc: Gregory K. Adkins, Ed.D, Superintendent>/lCobert Dodig, Staff Attorney

Melissa Layner, Principal, South Fort Myers High SchoolRita Zazzaro, Director, Payroll DepartmentPersonnel File

Investigation File

Vision: To be a world-class school system