Table Of ContentSTATE OF HAWA
DEPARTHAENT OF EDUCATION
September 21, 2018 Certified Mail No, 7014 2870 0001 0302 9380
Return Reecipt Requested and Regular Mail
Mr. Michael —
Dear Mr, Wright:
‘On April 24, 2018, Complex Area Superintindent ((CAS") Ruth Silberstein recommended the
(eeabaion of you engytet ao I oon heretay
School hecause you did not return to work following a leave of absence from dhe Department of
Education (‘Department that expired on January 21, 2018; mistesresented the reason for
cxtending your Leave Without Pays and you failed to adhere tothe Department's Code of
Conduct, Section B- Hone:
‘The record indicates you did not por tn work as expected atthe expiration of your Authorized
Leave Without Pay on January 21, 2018, On March 79, 2018, CAS Silbersiein wrote to you apd
advised you to submit » completed “DOE OHR 300.007 Application for Leave of Absence
Certificated Schoul-Level Employees” na later han April 6, 20)8. The Honolulu Distict Office
received your form “DOE OHR 300-001 Application Jor Leave of Absence Certificated Schoot-
Lavel Employees" on April 24, 2018, By that form you requested an additional 365-day leave of
abscnoe fot “Health, LWOD.” There was na documentation attached from a medical practioner
‘verifping your need for leave of absence without pay for health reasons.
In Jeter dated Apsil 22, 2018, your personal representative Ms, Kimberly Suvi, informed the
Department thst you have been incarcerated sine March 15, 2018,
AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER,
Mi. Michael Wright
September 21,2018
Page 2
Sinoe your “DOE OHR 300-001 Application for Lease of Absence Certificated School-Level
Employees” was received past the date it was duc, and since that application did not conti
supporting documentation from an attending health care professional to suppent your requsst for
Leave Without Pay for “Health, LWVOP,” and with the information that your absence from Work
‘as due to reasons other than health, CAS Silberstein correctly denied approval for aditional
Teve Withoat Pay.
1s apparent from the nicord that you had the opportnity to properly apply fore Ieeve of
absence without pay prior to January 21,2018 and did not do so. You hed previously fled a
completed “DOB OHR 300-001 Application for Leave of Absence Cartifeated School-Levet
Employees” with vequired documentation attached that was dated and received by the
Departmeat on January 16,2018. That leave application was applied to the period ending
January 21, 2018. The January 16,2018 application for leave without pay makes the recoed
‘lear thal you Knew how to correctly complete the leave application process,
An employee i property expected to Keep their employer apprised of any situation that causes
he employee tobe abscot from work. You did not de that. The alate reason for your
continuing abeence due \o healt easons isnot supporied by aay documentation afi, n fact
contadicied by your personal representative's letter dated April 22, 2018
On July 6,2018, CAS Silberstein wrote to you in soeordance with Hawali Administrative Rules
Title &, Chapter 7 Public School Personnel: Criminal Histary Reecrd, Emplopment History, and
Background Chee, informing you that you sere terminated from employment with the
Department effective upon the lose of busincss July 16, 2018 based oa the determination that
Youre noc suitable to work in close proximity to childeen. ‘The record before me provides
sullicient ueibl: evidence to concur with CAS SiDbersiein's whiidonal August 14, 2018
eccoumendation that you should also be erminsted for proper cause as a result of your
‘unnutborized abgence from work forthe period of Jenuary 22, 2018 through July 16,2018; that
{you misrepresented the reuson for extinding your Leave Without Pay; and that you violated the
Depastment's Code of Conduct, Section B- Honesty.
‘The record in this matter indicates Oat you have been afforded “de process” in ascondanee with
‘School Code Procedure #5110.1. ‘The recotd in this mater also indicates that che Department
‘has just and proper cause to include unauthorized absence from work for the period of Jensary
22, 2018 through July 36, 2018, misrepresentation of the reason for extending your Leave
‘Without Pay, and violation ofthe Department's Code of Conduct, Section B- Honesty a
Additional reasons te terminate your emplayatent with the Department
‘Mr Michael Weight
September 21,2018
Page 3
Thesefire
2. Inqucordance with School Code Procedure #8110.1 as well as Aiticle V, Sects
‘The Departement dous not ascept your sepsrutinn ftom servico as tendered on.
May 16, 2018,
the currer collective bargaining agreement in elfect between the Depanirint 2a
“Hawaii Stale Teachers Association, the Department's records wil: mcicate that you bave
bean teninated nat only for beitg wesuitable for wo:!ng in cle proximity to einen,
Dut oso for unaulorized sbvence Gm Work for the period of Fenaary 22, 2018 thuargh
Joly 16, 2058; misrepressutation of the reason tox cnesding your Leave Without Pays
‘und violation af the Department's Code of Cancuet, Section B- Hoxesty
Tn accerdanee with the tora ofthe Uni OS aollestive bargaining agreement, you have de right
to flea giovaice coneeruing his action,
Sincerely,
Dr, Choise M. Kishimoto
Superamendent
eMikind
Phyllis Unebusomti, Deputy Sepetietenont
Cynthia A. Covell, Asisiand Superintendent
Lineyl Dilwith, Cumplex Asca Superintendent
Garres.2aksti, incipl, ffferson Elementay School
‘Mak Nakamuva, Personnel Region Tice
OTM. Resords snd Transaction Srotion; Lahr Relaions Section
Hawaii Sate Teachers Association
