Petitioner didn't prove entitlement to variance. Recommend denial of relief.

Petitioner established good cause for teminating Respondent from employment for incompetence and negligence.

The matter for consideration here involves administrative charges placed by the Petitioner, City of Clearwater, Florida, against its employee, Danny Fivecoat, leading to his termination and dismissal as an employee of that municipality. Charge I accuses the Respondent of violating Rule 14, Section 1(k), Civil Service Rules of Clearwater, Florida, for disobeying official regulations or orders of superior officers amounting to insubordination or serious breach of discipline which may reasonably be expected to result in lower morale in the Department; or to result in the loss, inconvenience, or injury to the City or to the public. Further, this charge accuses him of a violation of Rule 23, Rules and Regulations of the City of Clearwater Police Department, prohibiting employees, while on duty, from engaging in unofficial, unnecessary association with the opposite sex for social or personal purposes and a violation of Rule 14, Section 1(j), Civil Service Rules of Clearwater, Florida, for being guilty of conduct unbecoming a City employee defined as scandalous or disgraceful conduct while on or off duty where that conduct tends to embarrass the City or bring its service into public disrepute. Within Charge I, there is found Specification I, which accuses the Respondent of inviting two females, namely Kim Dubois and Diana Scanlan, to meet him at a stakeout location and of making this invitation on July 25, 1980, the terms of that invitation to be consumated later that evening. It is alleged that the purpose of the invitation was to keep Fivecoat company. The specification goes on to allege that the two females in question met Sergeant Fivecoat and other members of his TAC team at a stakeout location and that he invited them to enter the stakeout vehicle which invitation was accepted by those females and that they stayed for a number of hours and returned the following morning and were invited into the vehicle by Sergeant Fivecoat and remained there again for a period of hours. Charge II alleges that the Respondent violated Rule 14, Section 1(b) and (o), Civil Service Rules of the City of Clearwater, Florida, in that he was incompetent and inefficient in the performance of the duties of his position and has been induced or has attempted to induce another officer employed by the City Service to commit an illegal act or to act in violation of any lawful or reasonable departmental or official regulation or has participated in such matters. Specification II to Charge II states that, while on a stakeout to apprehend burglary suspects, in the early morning hours of July 26 and 27, 1980, that Sergeant Fivecoat invited Kim Dubois and Diana Scanlan to enter the stakeout vehicle which he occupied with other members of a TAC unit which he supervised. Further, that the two females remained in the vehicle from around 2:00 A.M. until 6:00 A.M. on each night while the stakeout operation was being conducted. That by doing so, Sergeant Fivecoat created an unreasonable and totally unnecessary risk of grave bodily harm to the two female civilians by placing them in a situation in which a high-speed chase, a gun fight, or a similar confrontation could have erupted. In addition, it is alleged that Sergeant Fivecoat coerced the members of the TAC unit to acquiesce in the violation of Rule 23, Rules and Regulations of the City of Clearwater Police Department, in that his conduct set a poor example for his subordinates and tends to undermine the respect for authority which is essential to the efficient operation of the police force.Respondent's demotion/suspension is too lenient in light of the seriousness of his violation of law in allowing civilians into surveillance truck on duty.

This case concerns the charges made by the Petitioner, City of Clearwater, Florida, against its employee Cleven Wyatt, Respondent, which lead to his termination and dismissal as an employee of that municipality. In particular, through charge one, the Respondent has been accused of violating Rule 14, Section 1(e) of the Civil Service Rules of Clearwater, Florida, by being offensive in his conduct toward a fellow employee. Through charge two, the Respondent is accused of committing a level five offense, within the meaning of the Guidelines for Disciplinary Action, City of Clearwater, Florida, in that he had an unauthorized possession of a knife on City property.Respondent rightfully suspended twenty days for offensive conduct toward another city employee when he pulled a knife and threatened him.

Respondent was so negligent in the performance of his duties that three-day suspension is generous. Sustain the action of the city.

Respondent violated Clearwater police rules. Recommend upholding suspension from force.

Respondent challenges dismissal for prolonging a confrontation with civilians while he was city employee including striking one of them. Recommend upholding dismissal