STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

R. C. McGILL, )

)

Petitioner, )

)

vs ) DOCKET NO. 76-950

) HEALTH AND REHABILITATIVE SERVICES, ) DIVISION OF RETARDATION, SUNLAND ) CENTER OF ORLANDO, AND CAREER ) SERVICE COMMISSION, )

)

Respondents. )

)

RECOMMENDED ORDER

A hearing was held in this matter pursuant to notice in the Conference Room of the Florida Real Estate Commission, 2699 Lee Road, Winter Park, Florida at 3:30 p.m. on October 13, 1976 before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This Career Service Case appeal by R. C. McGill was timely filed from his demotion by the Department of Health and Rehabilitative Services, and subsequently referred by the Career Service Commission to the Division of Administrative Hearings to conduct the formal hearing. A hearing was held on August 5, 1976 at which time the Hearing Officer determined that Notice was improper, whereupon the hearing was continued until Notice was perfected. This was done and adenovo evidentiary hearing was held as described above.

APPEARANCES

For Petitioner: R. C. McGill, representing himself

3946 Country Club Drive Orlando, Florida 32808

For Respondent: Douglas E. Whitney, Esquire

Legal Services

Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301 FINDINGS OF FACT

1. R. C. McGill was a permanent Career Service Employee.

   
   

2. R. C. McGill was demoted effective December 8, 1975 from Resident Life Assistant to Laundry Worker I, but suffered no loss of pay, for alleged insubordination on two occasions on November 30, 1975, alleged use of abusive language to a fellow employee on one occasion of December 1, 1975, and allegedly slapping a resident on November 30, 1975.

3. R. C. McGill was absent for work on or about January 18, 1976, and notified to explain his absence on January 22, 1976; and when no letter was received, notified of his resignation by abandonment February 3, 1976.

   
   

4. No evidence regarding the allegations against McGill was presented by the agency.

   
   

   CONCLUSIONS OF LAW

   
   

5. The burden of proof rests on the Department of Health and Rehabilitative Services to show good cause for the demotion.

   
   

6. By failing to present any evidence of the events which gave rise to the demotion, the Department of Health and Rehabilitative Services failed to carry its burden.

   
   

7. Because R. C. McGill subsequently resigned by abandonment and suffered no loss of wage between December 8, 1975 and January 18, 1976, there is no relief which can be given except to clear his record of the unproven allegations against him.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Career Service Commission direct that the Department of Health and Rehabilitative Services expunge R. C. McGill's personnel record of all references to the events of November 30, 1975 and December 1, 1975 or in the alternative direct that its order finding the allegations unproven be placed in

R. C. McGill's personnel file.

DONE and ORDERED this 18th day of October, 1976 in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Douglas E. Whitney, Esquire Legal Services

Health and Rehabilitative Services 1323 Winewood Boulevard

Tallahassee, Florida 32301

Mrs. Dorothy Roberts Appeals Coordinator

Department of Administration

530 Carlton Building Tallahassee, Florida 32304

Mr. Robert C. McGill 3946 Country Club Drive Orlando, Florida 32808

Docket for Case No: 76-000950

Orders for Case No: 76-000950