The Professional Standards Commission of the State of Georgia “PSC” appeals from the Order entered by the Superior Court of Turner County reversing the PSC’s Final Decision suspending the educator certificate of Superintendent Jimmy Alberson for one year. The PSC suspended Superintendent Alberson’s certificate after concluding that his decision to brandish a firearm while threatening a Georgia Department of Transportation “DOT” flagman violated Interim Ethics Rules 505-2-.03 1 n and o 1999, under which a school official may have his educator certificate suspended for “personal conduct . . . detrimental to the . . . morals of pupils” or for “any other good and sufficient cause,” respectively.1 On appeal, the PSC contends that the superior court erred by holding that there was no evidence in the administrative record supporting the conclusion that Superintendent Alberson violated Interim Ethics Rules 505-2-.03 1 n and o, and by concluding that Interim Ethics Rule 505-2-.03 1 o was unconstitutionally vague. We agree with the PSC and therefore reverse. On the morning of February 12, 1999, Jimmy Alberson, Superintendent of the Turner County School System, had two confrontations with Eddie B. Tookes, Jr. while Tookes was working as a flagman at a DOT work site on Highway 32 in Turner County, Georgia. It is undisputed that during at least one of these two confrontations, Superintendent Alberson brandished a firearm in front of Mr. Tookes.
After investigating the incident, the PSC found probable cause that Superintendent Alberson had violated Interim Ethics Rules 505-2-.03 1 n and o and that his educator certificate should be revoked. Interim Ethics Rule 505-2-.03 1 n permitted suspension or revocation of an educator’s certificate based on a finding of “personal conduct that seriously reduces the certificate, license or permit holder’s effectiveness in his or her employment position or conduct detrimental to the health, welfare, discipline or morals of pupils.” Ga. Comp. R. & Regs. r. 505-2-.03 1 n 1999. Interim Ethics Rule 505-2-.03 1 o permitted suspension or revocation for “any other good and sufficient cause.” Ga. Comp. R. & Regs. r. 505-2-.03 1 o 1999.
