Resnick v. Flagler County School Board
46 So. 3d 1110
Fla. Dist. Ct. App.2010Background
- Resnick appeals a final termination order by the Flagler County School Board.
- Resnick is a licensed practical nurse in Belle Terre Elementary’s physically impaired classrooms, supervising seizure-prone students and feeding via tube.
- He took extended medical leave for a disorder resembling narcolepsy and returned to work to complaints of inattentiveness.
- On April 26, 2007, while tube feeding a seizure-prone student, he briefly assessed another student and left the first student’s tube feeding unattended to attend the second, prompting concerns.
- The School Board terminated him for alleged failure to assess/provide first aid and to follow safe procedures, and for improper seizure documentation and residual checks; the ALJ found two minor misconduct instances and recommended a written reprimand plus a medical evaluation.
- The Board issued a final order that substantially changed the ALJ’s findings and terminated Resnick; the court reversed and remanded to adopt the ALJ’s recommended order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board abused discretion by modifying the ALJ’s findings | Resnick argues the Board cannot modify the ALJ’s factual findings. | Resnick contends Board could modify findings if supported by the record. | Yes; Board abused discretion and cannot substitute its own findings. |
| Whether the ALJ’s findings were supported by competent substantial evidence | Resnick maintains the ALJ’s findings are supported by the evidence. | Board argues there is sufficient evidence to support its findings. | Yes; ALJ’s findings were supported and Board erred in rejecting them. |
| Whether remand to adopt the ALJ’s recommendations was proper | Remand is appropriate to implement the ALJ’s recommended order. | Remand not necessary if Board has valid reasons for its own findings. | Remand with instruction to adopt the ALJ’s recommendations was proper. |
Key Cases Cited
- Dunham v. Highlands County Sch. Bd., 652 So.2d 894 (Fla. 2d DCA 1995) (great weight given to ALJ findings in fact-driven cases; credibility assessment)
- Heifetz v. Dep't of Bus. Regulation, 475 So.2d 1277 (Fla. 1st DCA 1985) (agency may not reject ALJ findings without competent substantial evidence)
- Packer v. Orange County Sch. Bd., 881 So.2d 1204 (Fla. 5th DCA 2004) (agency cannot adopt alternate findings when ALJ findings are supported)
- Gross v. Dep't of Health, 819 So.2d 997 (Fla. 5th DCA 2002) (rejecting ALJ findings without substantial evidence)
- Umatilla v. Pub. Employees Relations Comm'n, 422 So.2d 905 (Fla. 5th DCA 1982) (limits on agency deviation from ALJ determinations)
- Dep't of Prof'l Regulation v. Bernal, 531 So.2d 967 (Fla.1988) (remand appropriate when reasons for change are legally insufficient)
- Jamerson v. Spruell, 658 So.2d 599 (Fla. 1st DCA 1995) (increased penalty must be supported by proper evidence)
- Goss v. Dist. Sch. Bd. of St. Johns County, 601 So.2d 1232 (Fla. 5th DCA 1992) (reinstatement of ALJ findings preferred when supported)