Miami-Dade School Board: Tax Payers will Pay over $250,000 for Attorney Fees in Landmark Case

On July 28, 2015, a judge awarded over $250,000 in attorney fees to employees who were victims of “unlawful reprisal” on the part of the School Board of Miami-Dade County in a landmark case.  The plaintiffs worked at Neva King Cooper Educational Center, a special school for students with significant intellectual disabilities.  The plaintiffs included Dr. Alberto T. Fernandez, Principal; Mr. Henny Cristobol, Assistant Principal; and Mrs. Patricia E. Ramirez, Staffing Specialist. They had impeccable reputations and outstanding evaluations.  In May 2012, they were adversely and unlawfully transferred to alternate work locations for their participation in the school’s efforts to explore converting the school to a charter school. Their participation in the school’s charter school exploration was in accordance with and protected by Florida charter school law.

The Florida Department of Education (FDOE) Office of Inspector General (OIG) investigated the district’s actions, and on November 16, 2012 the OIG issued a Fact-Finding Report unfavorable to the district.  Subsequently, the Commissioner of Education sent Superintendent Alberto Carvalho a letter notifying him that there was reasonable grounds to believe that “unlawful reprisal” against the employees had occurred, and that the case would be referred to the Division of Administrative Hearings (DOAH) for a hearing to take place.  The judge, Edward T. Bauar, held the hearing from January 27-31 and February 14, 2014.  He questioned the district’s reasons for the transfers.  On June 30, 2014, he issued a recommended order in this unprecedented case: that the FDOE enter a final order finding that the school board violated Florida Statute (FS) 1002.33 (4) (a), Unlawful Reprisal, with respect to each plaintiff.  The judge’s order also stated that the school board pay for plaintiffs’ attorney fees and pay Dr. Fernandez $10,590 for lost bonuses and other reasonable costs.  The judge, however, did not rule that the plaintiffs be returned to the school, as they had been reassigned to comparable positions.  FS 1002.33 (4) allows the district to place prevailing plaintiffs in “similar” positions.  On November 6, 2014, the FDOE entered a final order which reiterated the judge’s recommended order: the school board violated Florida law when it retaliated against employees for their involvement in the conversion of the school to a charter school.

Ms. Milagros Fornell, Associate Superintendent, played a major role in the district’s actions.  She was a member of the superintendent’s cabinet and reported directly to Superintendent Carvalho.  Ms. Fornell has recently retired from the district.

On May 20, 2015, the plaintiffs filed a complaint in Federal court for violations of First Amendment rights for their involvement in the above-mentioned conversion charter school exploration.

The judge’s recommended order and his ruling over the attorney fees can be viewed at https://www.doah.state.fl.us/ROS/2013/13001492.pdf. The documents from the hearing can be viewed at www.DOAH.org, case number 13-1492.  The final order can be obtained from the FDOE, case number 2014-3055.

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  1. […] May 2012, the district transferred the employees to alternate work locations for their participation in the school’s efforts to explore converting […]

  2. […] previous principal, Dr. Albert T. Fernandez, and assistant principal, Henny Cristobal, which was determined to be retaliatory by the Florida Department of Education and DOAH Judge Edward T. […]

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