Opinion

Centellas v. School Board of Dade County

  • 683 So. 2d 644
  • 1996 Fla. App. LEXIS 12797
  • 1996 WL 691773
Court
District Court of Appeal of Florida
Filed
Dec 4, 1996
Status
Published
Author
Schwartz
On the bench
Jorgenson, Nesbitt, Schwartz
Cited by
0 cases
Authority
More cited than 0.6%

The opinion

SCHWARTZ, Chief Judge.

This is an appeal from a School Board decision which overruled the hearing examiner’s recommendation of a three-day suspension and fired outright a school bus driver for driving under a technically suspended operator’s license. In view of the conceded facts that Centellas — who had a previously unspoiled record of employment — was completely unaware of the “suspension” and that it resulted, not from any fault of his, but from an administrative snafu in the Dade County Court clerk’s office to which he did not contribute and which he corrected immediately after he became aware of it, we regard the punishment of dismissal as wildly *645 excessive and disproportionate. Because Centellas is covered by the same collective bargaining agreement as the one involved in Bell v. Dade County Sch. Bd., 681 So.2d 843 (Fla. 3d DCA 1996) and Collins v. Dade County Sch. Bd., 676 So.2d 1052 (Fla. 3d DCA 1996), we reverse the order below on the authority of those decisions and remand with directions to adopt the penalty recommendation of the hearing officer.

Reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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