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Marilyn Wnek Miller

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941-743-1330

Bar #306460(FL) License for 44 years; Member in Good Standing

Fort Myers FL

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07-004365BID EXPERTECH NETWORK INSTALLATION, INC. vs CITY OF CAPE CORAL (2007)

Division of Administrative Hearings, Florida Filed: Sep. 20, 2007

The issue in this case is whether Respondent's decision to reject the galvanized pipe replacement bid of Petitioner as non- responsive was erroneous, an abuse of discretion, arbitrary or capricious.Respondent properly rejected Petitioner`s bid for the pipe replacement project.

02-000386 CITY OF CAPE CORAL vs HECTOR CALDERON (2002)

Division of Administrative Hearings, Florida Filed: Jan. 31, 2002

The issue presented in this case is whether there is just cause for the City of Cape Coral's decision to terminate the employment of Hector Calderon, a police officer with the City of Cape Coral Police Department.City demonstrated just cause for police officer`s dismissal for misconduct.

99-001088 SUSAN VON HALLA vs CITY OF CAPE CORAL AND DENNIS J. FULKLENKAMP (DEL PRADO/NORTH COMMERCE PARK) (1999)

Division of Administrative Hearings, Florida Filed: Mar. 08, 1999

The issue is whether Petitioner may lawfully discipline Respondent due to excessive absences from work.Collective Bargaining Agreement grants covered employees leave, scheduled and unscheduled. Employee`s use of granted unscheduled leave is not just cause for discipline. Use of more leave than granted is not just cause due to medical reasons.

97-004800 CITY OF CAPE CORAL AND DENNIS J. FULKLENKAMP (DEL PRADO/NORTH COMMERCE PARK) vs GARY W. HAYES (1997)

Division of Administrative Hearings, Florida Filed: Oct. 15, 1997

The issue is whether Respondent, in the performance of his duties as a city employee, used city property negligently or without authorization and, if so, what penalty should be imposed.There is no just cause for disciplining city employee who damaged city equipment absent proof of negligence or unauthorized use.

83-000082 WILLIAM H. AND PATRICIA H. MELLOR, ET AL. vs. COUNTY LINE DRAINAGE DISTRICT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (1983)

Division of Administrative Hearings, Florida Latest Update: Jun. 21, 1991

Application for permit to use works and lands of district should be granted. Evidence showed rules reasonably assured to be met.

82-000159 SIERRA CLUB, CALUSA GROUP, C/O ELLEN PETERSON vs. BLACK ISLAND RESORT AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1982)

Division of Administrative Hearings, Florida Latest Update: Jul. 20, 1983

Deny permits for sewage treatment, effluent and upland drainfield plants. No reasonable assurances were given that water quality will not suffer.