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OAH 15-1306-21836-2 |
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE BOARD OF SCHOOL
ADMINISTRATORS
|
In the Matter of the
School Administrative Licenses of Daniel S. Anderson |
FINDINGS
OF FACT, CONCLUSIONS, AND
RECOMMENDATION |
This matter came on for a Prehearing
Conference before Administrative Law Judge Beverly Jones Heydinger (ALJ) on April
6, 2011, at the Office of Administrative Hearings. Bernard E. Johnson, Assistant Attorney
General, appeared for the Board of School Administrators, Ethics Committee
(Board). Roger J. Aronson, Attorney at
Law, made a limited appearance on behalf of Daniel S. Anderson. The record closed on the date of the
Prehearing Conference.
A
Prehearing Conference was previously held on March 15, 2011, pursuant to Notice
and Order for Hearing and Prehearing Conference issued on February 9,
2011. At that time, Mr. Aronson appeared
on behalf of Mr. Anderson and notified the ALJ that he had been unsuccessful in
attempting to communicate with his client, despite several efforts to do
so. Mr. Aronson and Assistant Attorney
General Johnson have reached a tentative settlement of this matter and a copy
of the proposed settlement has been forwarded to Mr. Anderson, but Mr. Anderson
has not responded to Mr. Aronson, either accepting or rejecting the proposed settlement.
With
the agreement of counsel, the ALJ issued a Prehearing Order on March 16, 2011,
directing Mr. Anderson to appear for a Prehearing Conference on April 6,
2011. Mr. Aronson forwarded the
Prehearing Order to his client, and made several additional attempts to contact
him. None of the correspondence to Mr.
Anderson has been returned as undelivered, and Mr. Anderson has not responded
to Mr. Aronson.
STATEMENT
OF ISSUES
1.
Did Mr. Anderson’s
claim for sick leave days when he was on vacation and not ill, and his claim of
duty days when he did not work the required number of hours constitute immoral
conduct in violation of Minn. Stat. § 122A.20, subd. 1 (a)(1)?[1]
2.
Did Mr. Anderson’s
claim for sick leave days when he was on vacation and not ill, and his claim of
duty days when he did not work the required number of hours constitute gross inefficiency or willful neglect of duty in violation
of Minn. Stat. § 122A.20, subd. 1 (a)(3)?
3.
Did Mr. Anderson’s
claim for sick leave days when he was on vacation and not ill, and his claim of
duty days when he did not work the required number of hours constitute
dishonesty, fraud, and misrepresentation in violation of Minn. R. 3512.5200,
subp. 2 (K)? [2]
4.
Did Mr. Anderson’s
conduct warrant disciplinary action against his school administrative licenses?
Based upon all of the proceedings
herein, the Administrative Law Judge makes the following:
FINDINGS
OF FACT
1.
On February 9, 2011,
the Notice and Order for and Hearing and Prehearing Conference in this matter
was served by first class mail upon Roger J. Aronson, Daniel S. Anderson’s
counsel of record.
2.
Mr. Anderson’s
counsel appeared on his behalf at a Prehearing Conference on March 15, 2011,
and notified the ALJ that his client had notice of the Prehearing Conference
but had not responded to counsel’s attempts to discuss the matter with him.
3.
Mr. Aronson provided
Mr. Anderson with a copy of the Prehearing Order dated March 16, 2011,
notifying Mr. Anderson that he was required to personally appear at the
Prehearing Conference on April 6, 2011, or return a signed settlement agreement
to his attorney by that date, and that if he failed to do so, the ALJ could
find that Mr. Anderson was in default, that the Board’s allegations contained in
the Notice and Order for Hearing and Prehearing Conference may be accepted as
true, and that the Board could impose disciplinary action against him.
4.
Numerous efforts by
Mr. Aronson to contact Mr. Anderson at his address, 12406 Highway 32 South,
5.
On April 6, 2011, Mr.
Anderson failed to appear at the Prehearing Conference, did not obtain the
ALJ’s prior approval to be absent from the prehearing conference, and did not
file a signed settlement agreement.
6.
Mr. Anderson received
proper notice that if he failed to appear at the Prehearing Conference the
allegations against him could be taken as true, and a default order could be
issued. He was informed that such an
order could result in disciplinary action by the Board of School Administrators.
7.
Because the
Respondent failed to appear, he is in default.
8.
Pursuant to Minn.
Rules part 1400.6000, the allegations contained in the Notice and Order for
Hearing and Prehearing Conference are taken as true and incorporated into these
Findings of Fact.
Based
upon the foregoing Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1.
The Board of School
Administrators and the Administrative Law Judge have jurisdiction in this
matter pursuant to Minn. Stat. §§ 122A.20, subd. 1, and 14.50.
2.
The Board has given
proper notice of the hearing in this matter and has fulfilled all relevant
substantive and procedural requirements of law and rule.
3.
The facts set out in
the Notice and Order for Hearing and Prehearing Conference constitute
violations of Minn. Stat. § 122A.20, subd. 1 (a)(1) and (3) and Minn. R.
3512.5200, subp. 2 (K).
4.
Minn. Stat. § 122A.20, subd. 1, provides that
disciplinary action may be taken for the such violations
5.
Mr. Anderson’s conduct
constitutes grounds for the Board to take disciplinary action against him.
Based
upon the foregoing Conclusions, the Administrative Law Judge makes the
following:
RECOMMENDATION
IT
IS HEREBY RECOMMENDED: that the Board of School Administrators such disciplinary
action against Daniel S. Anderson as may be appropriate.
Dated this 11th day of April, 2011.
|
s/Beverly Jones Heydinger |
|
BEVERLY JONES HEYDINGER |
|
Administrative Law Judge |
Reported: Default
This report is a recommendation, not a
final decision. The Minnesota Board of School
Administrators will make the final decision after a review of the record and
may adopt, reject or modify these Findings of Fact, Conclusions, and
Recommendation. Pursuant to Minn. Stat.
§ 14.61, the Board shall not make a final decision until this Report has been
made available to the parties for at least ten days. The parties may file exceptions to this
Report and the Board must consider the exceptions in making a final decision. Parties should contact the Board at
Pursuant to Minn. Stat. § 14.62, subd. 1, the Board is required to
serve its final decision upon each party and the Administrative Law Judge by
first class mail.
MEMORANDUM
Mr. Anderson
did not appear at the Prehearing Conference to refute the allegations against him,
nor did he contact the Board or the Administrative Law Judge to request a
continuance of this matter. Mr. Anderson failed to maintain contact with
his attorney, despite numerous attempts by his attorney to contact him. The facts alleged by the Board are taken as
true. Absent any evidence to the
contrary, the facts reasonably support the conclusions
B.J.H.