Judges: KENNETH G. OERTEL
Agency: Department of Management Services
Latest Update: Oct. 08, 1976
Summary: Respondent failed to prove Petitioner actually did any of the actions complained of and therefore, he must be reimbursed for suspension and reinstated.
76-1086.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MELVIN SHORR, )
)
Petitioner, )
)
vs. ) CASE NO. 76-1086
)
DEPARTMENT OF HEALTH AND )
REHABILITATIVE SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
This matter was brought up for hearing before the undersigned Hearing Officer on August 11, 1976, 11:00 a.m., Room 360, 1350 N. W. 12th Avenue, Miami, Florida.
APPEARANCES
For Respondent: Douglas Whitney, Esquire
Department of Health and Rehabilitative Services
1323 Winewood Boulevard
Tallahassee, Florida 32301
This hearing concerned an appeal to the Career Service Commission by Petitioner, Melvin Shorr, challenging his suspension from the Department of Health and Rehabilitative Services for alleged misconduct. The employee, Mr. Shorr, had been charged with several acts of misconduct, specifically on July 23, 1975, sleeping, first offense; August 21, 1975, sleeping, second offense; August 21, 1976, insubordination. Mr. Shorr did not appear at this hearing. The evidence that was presented at this hearing established that Mr. Shorr had been charged with the above violations of the Division of Mental Health's Rules of Conduct, but no evidence was presented which would indicate that he actually committed any of the above violations. It is therefore RECOMMENDED that Mr.
Shorr's appeal be granted and that he be reimbursed for the days he was suspended from his employment.
DONE and ORDERED this 7th day of September, 1976, in Tallahassee, Florida.
KENNETH G. OERTEL, Director
Division of Administrative Hearings Room 530, Carlton Building
2009 Apalachee Parkway
Tallahassee, Florida 32304
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 7th day of September, 1976.
COPIES FURNISHED:
Douglas Whitney, Esquire Department of Health and
Rehabilitative Services 1323 Winewood Boulevard
Tallahassee, Florida 32301
Mr. Melvin Shorr Apartment 2
734 Meridian Avenue
Miami Beach, Florida 33139
Mrs. Dorothy B. Roberts Appeals Coordinator Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304
Docket for Case No: 76-001086
Orders for Case No: 76-001086
| Issue Date |
Document |
Summary |
|
Oct. 05, 1976 |
Agency Final Order
|
|
|
Sep. 07, 1976 |
Recommended Order
|
Respondent failed to prove Petitioner actually did any of the actions complained of and therefore, he must be reimbursed for suspension and reinstated.
|
