Rico v. Sch. Bd. of Miami-Dade County Pub. Sch.
| Decision Date | 29 June 2010 |
| Docket Number | Case No. 09-22281-Civ |
| Citation | 733 F.Supp.2d 1319 |
| Parties | Julieann RICO, Plaintiff, v. SCHOOL BOARD OF MIAMI-DADE COUNTY PUBLIC SCHOOLS, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
John Scarola, Searcy Denney Scarola Barnhart & Shipley, West Palm Beach, FL, Tod N. Aronovitz, Leslie Elijah Stiers, Aronovitz Law, Miami, FL, for Plaintiff.
Gerald Edward Greenberg, Robert T. Kofman, Stearns Weaver Miller Weissler Alhadeff & Sitterson, Miami, FL, for Defendant.
ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND TO REMAND
THIS CAUSE is before this Court upon Defendant's Motion for Summary Judgment (D.E. 47) and Plaintiff's Partial Motion for Summary Judgment (D.E. 50), both filed on May 7, 2010. Both parties filed Responses on June 1, 2010. (D.E. 69& 72.) And both parties filed Replies on June 18, 2010. (D.E. 89 & 93.)
THE COURT has reviewed the Motions and the pertinent portions of the record and is otherwise fully advised in the premises.
Plaintiff Julieann Rico claims her former employer, Defendant School Board of Miami-Dade County Public Schools (the "School Board") wrongfully terminated her employment. Accordingly, on July 6, 2009, Rico filed a four-count Complaint against the School Board and School Board member Marta Perez in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County Florida. (D.E. 1.) In the Complaint, Rico alleges: breach of contract (Count I); defamation (Count II); abuse of process (Count III); and, violation of her civil rights by denying her due process pursuant to 42 U.S.C. § 1983 (Count IV).
The School Board removed the action to this Court on August 3, 2009 pursuant to 28 U.S.C. §§ 1441 and 1446, invoking federal question jurisdiction under 28 U.S.C. § 1331. (D.E. 1.) The School Board filed its Answer and Affirmative Defenses on August 10, 2009. (D.E. 5.) On September 18, 2009, this Court dismissed Marta Perez from the lawsuit. (D.E. 11.) Thereafter, the parties filed the instant Motions for Summary Judgment.
In its Motion for Summary Judgment, the School Board argues that it is entitled to summary judgment as to the breach of contract, abuse of process, and § 1983 due process claim. Specifically with respect to the § 1983 due process claim, the School Board argues that Rico had no property interest in her continued employment because her employment contract was terminable at will and that, in any event, the School Board provided constitutionally adequate process prior to her termination. In her Partial Motion for Summary Judgment, Rico argues that she is entitled to summary judgment as to the § 1983 due process claim.
The following facts are undisputed. On August 31, 2005, the School Board selected Rico as its next School Board Attorney.1 (D.E. 48-5, pp. 38-39; 48-2; 74-10.) After her selection, School Board member Frank Bolaños negotiated the terms of the Employment Agreement between the School Board and Rico. (D.E. 48-5, 17:6-25:25, 29:1-12; 74-10.) On September 28, 2005, the School Board approved Rico's Employment Agreement at a special School Board meeting. (D.E. 54, 57:10-64:22; 74-10.) The same day, Rico and the School Board entered into the Employment Agreement. (Compl. ¶ 6; Ans. ¶ 6; D.E. 48-8, 74-1 & 74-5.)
The Employment Agreement contemplated a term of employment "commencing November 14, 2005, and ending November 13, 2009, unless sooner terminated as provided herein." (Compl. ¶ 6; Ans. ¶ 6; D.E. 48-8 & 74-5.) With respect to termination, the Employment Agreement stated the following:
(Compl. ¶¶ 6 & 7, Ex. 1; Ans. ¶¶ 6 & 7; D.E. 48-8 & 74-5.) Importantly, the Employment Agreement also provided for a "one-time moving expense allocation" of $15,000 relating to Rico's moving to Miami-Dade County. (D.E. 48-8.) (As discussed below, some dispute exists as to the exact language of the moving-expense provision.)
On June 16, 2008, School Board member Marta Perez questioned Rico regarding Rico's acceptance of the moving expense allocation under the Employment Agreement without having permanently moved to Miami-Dade County. (Compl. ¶ 11; Ans. ¶ 11; D.E. 48-4, 104:8-17; 48-13, pp. 18-19.) The next day, June 17, 2008, Rico sent a memorandum to the School Board in which she took issue with the "clear implication ... that [she had] improperly accepted benefits from the district." (D.E. 48-15.) Rico explained that her actions were in compliance with the terms of the Employment Agreement. (D.E. 48-15.) Rico also requested that an auditor review the agreement and her acceptance of the allocation. (D.E. 48-15.)
On or around June 26, 2008, the Miami-Dade County Office of the Inspector General (the "OIG") commenced an inquiry into the matter. (D.E. 48-12, 15:20-16:14.) The OIG's investigation included a number of meetings with Rico wherein she was interviewed "about the circumstances of the hiring and negotiations of the contract and what [she] did and the moving that [she] did to Miami during the summers,the costs." (D.E. 48-4, 65:12-21.) During these meetings Rico provided the OIG with numerous documents. (D.E. 48-12, 26:7-28:9; 48-17.) On July 10, 2008, the OIG provided a draft report of its findings to Rico (the "Draft Report"), which concluded, among other things, that: (i) Rico never moved to Miami-Dade County, but continued to reside in Palm Beach County; (ii) Rico accepted the $15,000 allocation (less taxes) on January 17, 2006; and, (iii) Rico and then School Board member Frank Bolaños made material handwritten changes to the Employment Agreement relating to the moving expense allocation which were not approved by the School Board. 2 (D.E. 48-16.) The draft report invited, but did not require, a response from Rico. (D.E. 48-16.) Rico eventually did respond in writing to the OIG, but not before the School Board held a meeting on the matter.
Before Rico responded to the Draft Report, the School Board published its agenda for the July 15, 2008 meeting, which included the following items:
(D.E. 48-19; 48-21; 48-23.) On the morning of July 15, 2008, prior to the School Board meeting, Rico delivered a memorandum to the School Board chairman and attached a check in the amount of the moving expense allocation previously paid to her by the School Board. (D.E. 48-24.) The memorandum stated, in pertinent part:
Contrary to the accusations in agenda items H-1 and H-18 scheduled for today's Board meeting, I believe that I have substantially complied with the terms of my contract providing for a moving expense allocation.... Even though I did everything reasonably possible to fulfill the contractual provision and actually expended amounts equaling or exceeding the allocation, I have decided to refund the allocation.... In light of this refund, the Board should deem that District...
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