l STATE OF OREGON TEACHER STANDARDS AND PRACTICES COMMISSION 2 In the Matter of the ) 3 Administrative License of: ) FINDINGS 0F FACT, CONCLUSIONS OF 4 PAUL A. LINDQUIST g LAW, OPINION AND PROPOSED ORDER 5 On April 12, 1996, the Teacher Standards and Practices 6 Commission (Commission) issued a Notice of Opportunity for 7 Hearing, proposing to suspend or revoke the administrative 8 license of Paul A. Lindquist (Lindquist) or otherwise impose 9 discipline under ORS 342.177. 0n May 6, 1996, Lindquist 10 requested a hearing, and the Commission scheduled a hearing for 11 September 25, 1996. The hearing took place as scheduled with a 12 hearing panel consisting of Jennifer Heiss, Sue Wetzel and Chuck 13 Bugge as chair. Kelly M. Gabliks, Assistant Attorney General, 14 ‘represented the Commission. Lindquist appeared personally and \ 15 was represented by his attorney, Jim Brown. The hearing was 16 conducted as a contested case matter and was mechanically tape 17 recorded. 18 The panel heard testimony from the following witnesses 19 called by the Commission: Charles Barker, Director of Human 20 Resources for Three Rivers School District and Kathy Krouse, 21 Business Manager for Three Rivers School District. The panel 22 also heard testimony from Lindquist. 23 The following exhibits were received into evidence without > 24 objection: v 25 /// 26 /// PAGE l — FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND ‘ PROPOSED ORDER , . 1 TSPC Exhibits: 2 1. Notice of Opportunity for Hearing dated April 12, 1996. 3 2. Request for Hearing dated May 6, 1996. 4 3. Three Rivers/Josephine County School District Steps to Follow to Attend Workshops. 5 4. August 10, 1995 ad in the Grants Pass DAILY COURIER. 6 . 5. Accounting and copy of check dated June 26, 1995 for 7 $9,894.97 from Lindquist to the School District. 8 6. Letter from Ms. Hungerford to Mr. Brown dated November 19, 1995. 9 7. Exhibit IV of the Talbot, Korvola and Warwick Audit 10 Report — Airline Expenses. 11 8. Copy of check dated December 3, 1995 for $1,943 from Lindquist to the School District. 12 9. Oregon Department of Education Review of School 13 District Audit Report for 1994-95. . 14 10. Request for Repayment of Questioned Costs dated June 4, 1996 from the Oregon Department of Education to School 15 District. 16 11. District Repayment of Questioned Costs dated June 24, 1996 to Oregon Department of Education. l7 12. Memo from Mr. Barker to Mr. Lindquist dated June 22, l8 1995. 19 13. Memo from Mr. Lindquist to Mr. Barker dated June 22, 1995 with attachments. 20 14. November 11, 1993 itinerary and refund forms. 21 l5. Selected provisions of the United States Office of 22 Management and Budget Circular No. A-87 Principles for Determining Costs Applicable to Grants and Contracts 23 with State, Local and Federally Recognized Indian Tribal Governments. 24 25 /// 26 /// . PAGE 2 - FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND PROPOSED ORDER . 1 Lindquist Exhibits: 2 101. Letter, Ben Prins, M.D. 3 102. Letter, Leonard W. Holzinger, Jr. 4 103. Letter, Lee E. Baldwin 5 104. Letter, Jeanette Hewlett 6 105. Letter, Robert A. Strode ‘ 7 106. Letter Teri Houghton 8 107. Letter, Cliff Kuhlman 9 108. Letter, Larry L. Beard 10 109. Letter, Carl Johnson 11 110. Letter, Charles Hellman 12 111. Letter, Sharon Ann Smith 13 112. Letter, Rick Epstein . l4 113. Letter, David Hegdahl 15 114. Letter, Shelby L. Price 16 FINDINGS OF FACT 17 1. Lindquist holds an Oregon administrative license. He 18 was employed by the Three Rivers/Josephine County School District 19 for 30 years in a variety of positions culminating in the 20 position of Director of Curriculum. 21 2. As Director of Curriculum, Lindquist's responsibilities 22 included the expenditure of federal funds for staff development, 23 including travel. Lindquist's duties included ensuring that such 24 funds were used in compliance with federal and state laws dealing 25 with the expenditure of federal funds. 26 / I / ‘ PAGE 3 -' FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND PROPOSED ORDER . 1 3. On four separate occasions during 1993 to 1995, 2 Lindquist used public funds for personal travel for himself, and 3 on two occasions, his wife. These trips included: round trip 4 airfare to Boston, Massachusetts in November, 1993 (with his 5 wife); round trip airfare to Denver, Colorado in August, 1994; 6 round trip airfare to Helena, Montana in late August, 1994 and 7 round trip airfare to Phoenix, Arizona in March, 1995 (with his 8 wife). 9 4. During 1994-1995, Lindquist used public funds on four 10 separate occasions to purchase first-class airline tickets for 11 himself and others in violation of a long-standing written 12 federal policy against the expenditure of federal funds in such a 13 manner. These occasions included: First-class round trip . 14 airfare’ for himself and Dr. Carol Ricotta to Atlanta, Georgia in 15 February, 1994; first-class airfare for Lindquist and Sharon 16 Smith to Los Angeles, California in March, 1994; first-class 17 airfare to Phoenix, Arizona for Lindquist and Carl Johnson in 18 January, 1995; first-class round trip airfare to Philadelphia, 19 Pennsylvania in February, 1995 for Lindquist, Sharon Smith and 20 Phyllis Rock. 21 5. In its 1994-95 audit, the Oregon Department of 22 Education, as the actual grantee of the federal funds, questioned 23 the School District's use (as the subgrantee) of the federal 24 funds for these trips. Given Lindquist's use of the funds for 25 prohibited first-class and personal travel, the School District 26 /// . PAGE 4 - FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND PROPOSED ORDER . 1 was required to reimburse the federal government for these 2 questioned expenditures. 3 6. Lindquist acknowledges the improprieties of his actions 4 and has repaid the School District the sum of $11,833.97. 5 ULTIMATE FINDINGS OF FACT ‘ 6 1. Lindquist used public funds for personal use on four 7 occasions during 1993 to 1995. 8 2. Lindquist used public funds to purchase first-class 9 round trip airfare for himself and other School District 10 employees on four occasions during 1994-1995. ll CONCLUSIONS OF LAW 12 The conduct described in paragraphs one and two of the 13 Ultimate Findings of Fact constitute gross neglect of duty as ’ 14 that term is defined under ORS 342.175(1) and OAR 584-20- 15 040(4)(b). 16 . OPINION 17 ' Mr. Lindquist’s misuse of public funds was a violation of 18 his duties as an educator, were very serious, and had a negative 19 impact on the effectiveness and credibility of the School 20 District and all School District employees. Mr. Lindquist was 21 aware or should have been aware of the grant policies against the 22 use of the funds for personal or first-class travel. However, 23 Mr. Lindquist is aware of his duty as a professional educator and 24 the violation of that duty by this conduct. Although revocation 25 of Mr. Lindquist's license for these violations was an option, 26 His acknowledgment of his misdeeds, repayment of the funds and 30 . PAGE 5 - FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND PROPOSED ORDER ‘ 1 years of service support the imposition of the lesser suspension 2 sanction. 3 ORDER I 4 The administrative license of Paul A. Lindquist is hereby 5 suspended for a period of one year for using public funds for 6 personal use, with such suspension to commence on the date of the 7 signing of the Final Order. 8 9 DATED this @fiaay of 714Ww&= . 10 1996. 11 TEACHERQANDARDS AN PRACTICES COMMISSION 12 =/ a //P V i 13 By: ///JM/ H’? ‘M . 14 m 15 NOTICE: YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW HAY BE OBTAINED BY FILING FOR JUDICIAL REVIEW WITHIN l6 50 DAYS OF THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 THROUGH THE OREGON l7 COURT OF APPEALS. 18 KMGOS62.PLE 19 20 21 22 23 24 25 26 ' ‘ PAGE 6 - FINDINGS OF FACT, CONCLUSIONS OF LAW, OPINION AND PROPOSED ORDER . CERTIFICATE OF MAILING I hereby certify that I served the foregoing Order by mailing a true copy thereof, certified by me as such, by U. S. Certified Mail, with Return Receipt Requested addressed to attorney for Paul A. Lindquist: JAMES BROWN ENFIELD, BROWN 8: COLLINS 214 PIONEER TRUST BUILDING 117 COMMERCIAL STREET NE SALEM OR 97301-3498 794 Dated this [0 day of Q Wineries. BYIQMZ :2 i ifiw Char ene A. Smith Secretary to the Commission