Amador v. the School Board of Monroe County, Florida
225 So. 3d 853
Fla. Dist. Ct. App.2017Background
- Thomas Amador, an air‑conditioning mechanic employed by Monroe County Schools, was accused in 2012 of theft of time, improper personal use of a district vehicle, and falsifying work/vehicle logs; Superintendent filed an administrative complaint citing School Board Policies 4120 and 4210.
- Policy 4210 applies only to "support staff members who have direct access to students" and prohibits use of institutional privileges for personal gain, dishonesty, and submitting fraudulent employment documents; Policy 4120 applies to all support staff and authorizes discipline for willful policy violations.
- The ALJ initially recommended dismissal because the record lacked the collective bargaining agreement and contained no evidence Amador had "direct access" to students; ALJ declined to reach merits.
- The School Board remanded for factual findings; on remand the ALJ again found no evidence of direct access and characterized the conduct as sloppy recordkeeping rather than fraud, reiterating dismissal and reinstatement.
- DOAH (final order) rejected the ALJ’s recommendations, found Amador had direct access and/or violated policies (including 4120), and terminated his employment; Amador appealed.
- The majority (Suarez, C.J.) reversed the School Board, holding the ALJ’s findings were supported by competent, substantial evidence and the Board could not substitute its own fact‑finding; a dissent argued DOAH properly reviewed and affirmed termination based on 4120 violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ’s findings were supported by competent, substantial evidence and thus binding on the Board | ALJ (and Amador) argued record lacked evidence of direct access and CBA; ALJ’s credibility inferences should control | School Board argued ALJ ignored record showing Amador worked on campus while students present and failed to rule on Policy 4120, so Board could adopt different inferences and terminate | Court held ALJ’s findings were supported by competent, substantial evidence; agency may not reject them by reweighing evidence; reverse Board and remand to adopt ALJ order |
| Whether Policy 4210 applied (i.e., whether Amador had "direct access" to students) | Amador/ALJ: no evidence he had direct access; position as mechanic does not permit inference of direct access | School Board: mechanic worked inside/outside schools while students present; statute and screening regimes support finding of access | Court accepted ALJ’s inference that record lacked proof of direct access and declined to consider new statutory argument raised only on appeal |
| Whether omission of the collective bargaining agreement in the record was fatal to the complaint | Amador/ALJ: omission required dismissal | School Board/DOAH: CBA not required by rule and omission was not fatal; any objection was waived | Court agreed ALJ permissibly relied on absence of CBA as one basis but found ALJ’s alternative factual findings independently supported dismissal; new CBA argument not considered on appeal |
| Whether Policy 4120 claims supported termination (insubordination, falsified logs, theft of time) | School Board/DOAH: unrebutted evidence of chronic tardiness, inaccurate logs, unexplained mileage, and prior notice supported gross insubordination and termination under 4120 | Amador/ALJ: evidence showed inconsistent/incomplete logs and occasional late break—sloppy recordkeeping, not fraud or willful misconduct | Court reversed Board because ALJ’s factual determinations (sloppy recordkeeping; no direct access) were supported by competent, substantial evidence and Board could not supplant ALJ’s credibility inferences |
Key Cases Cited
- McMillan v. Broward Cnty. Sch. Bd., 834 So.2d 903 (agency may not reject hearing officer findings unless not based on competent, substantial evidence)
- Gross v. Dep’t of Health, 819 So.2d 997 (agency cannot reweigh evidence or judge credibility when rejecting ALJ findings)
- Tedder v. Fla. Parole Comm’n, 842 So.2d 1022 (hearing officer as factfinder resolves conflicts and credibility)
- Bridlewood Grp. Home v. Agency for Persons with Disabilities, 136 So.3d 652 (agency cannot substitute its findings if competent substantial evidence supports ALJ)
- Greseth v. Dep’t of Health & Rehab. Servs., 573 So.2d 1004 (where reasonable people can differ, ALJ’s inferences control)
- Resnick v. Flagler Cnty. Sch. Bd., 46 So.3d 1110 (great weight to ALJ findings in employee discipline cases)
- Stinson v. Winn, 938 So.2d 554 (ALJ may rely on single witness testimony over conflicting testimony)
- Heifetz v. Dep’t of Bus. Regulation, Div. of Alcoholic Beverages & Tobacco, 475 So.2d 1277 (agency should resist reweighing facts made by hearing officer)
- Vorbeck v. Betancourt, 107 So.3d 1142 (issues not raised below are not preserved on appeal)
- Sunset Harbour Condo. Ass'n v. Robbins, 914 So.2d 925 (issue preservation requirement for appellate review)
- Tillman v. State, 471 So.2d 32 (same)