Division of Administrative Hearings, Florida
Filed: Feb. 06, 1995
The issue in this case is whether the City Manager should (1) demote the Respondent, Craig Reeves, from his employment as a Public Service Worker III (Range 54, formerly called Tradesworker) to the position of Public Service Worker II (Range 52, formerly called Public Service Technician), (2) assess 160 disciplinary points against him, and (3) suspend him without pay for ten days, on charges that he violated Rule 14, Section 1, paragraphs (d), (f), (k), and of the Civil Service Board Rules and Regulations of the City of Clearwater. (For some reason, the City cites to paragraph (k)(2), which does not appear in the version of the Rule which the City had admitted in evidence as part of City Exhibit 1.) Specifically, the following facts are alleged: That the Respondent called City employees working under him names like "ignorant," "stupid," and "queer." That the Respondent told City employees working under him that they "are not paid to think." That the Respondent snatched safety glasses of the face of a City employee working under him and broke them or threw them away. That the Respondent retaliated against a City employee working under him by mistreating him by making him clean out a truck by himself. That, on several occasions, the Respondent poked a City employee working under him in the behind while the employee was bending over in front of him working. That the Respondent used racial slurs by referring to a fellow employee as a "bush nigger" and describing a new hire as "a white guy, not a nigger." That the Respondent teased a City employee working under him by referring to "bananas" in a sexual context. That the Respondent went "overboard" more than once in teasing one of the City employees working under him. That the Respondent retaliated against City employees working under him "in the form of orders or unnecessarily harsh assignments for the purpose of 'busting the chops' of employees/subordinates." It was concluded that the facts alleged supported the following findings of ultimate fact: There has been a misuse or abuse of authority by [the Respondent]'s intimidation of employees and general harassment of [more than one of the City employees working under him.] Statements made [the Respondent] of a sexual nature made the work environment a hostile work- place for [one of the City employees working under him.] Retaliatory actions by [the Respondent] existed for [one of the City employees working under him] and also, other employees expressed concern that [the Respondent] could "bust your chops" or retaliate against any one on his crew. It also was concluded that the Respondent's actions were governed by the following Guidelines for Disciplinary Action: Level 3, #14 - Threatening, intimidating, coercing or interfering with fellow employees, supervisors or citizens at any time while on duty, reporting for duty or leaving duty an on City premises, including the use of abusive or profane language. (20 points) Level 4, #8 - Abuse, misuse, destruction or loss of any City property, including records, tools, supplies, equipment and radio network. (40 points) Level 4, #16 - Making or publishing false, vicious or malicious statement(s) concerning an employee or a supervisor where such false statement(s) are damaging to the individual's reputation. (40 points) Level 5, #13 - Immoral, unlawful or improper conduct on or off the job which is contrary to honesty, modesty or decency and which tends to affect the reputation and citizen's good will toward the City, whether or not such act is a criminal offense. (60 points)City proved some not all of charges versus foreman. Enough for good cause to demote to non-supervisor job, 4-day suspension and 20 points, not 10 day suspension.