in Room 103, Collins Building, Tallahassee, Florida, on March 2, 1977, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.
For Petitioner: Ralph L. Wilson in proper person
Whether the suspension of Petitioner was for good cause shown as indicated in the letter of suspension dated August 19, 1976.
Ralph L. Wilson was suspended for a three (3) day work period August 20, 1976 through August 24, 1976. The certified mail letter to Mr. Wilson stated, "This suspension is caused by your unauthorized absence for the period August 10 through August 13, 1976." Appellant Wilson is an Accountant at Florida A & M University working under the direct supervision of William Schnitt, Acting Budget Officer at Florida A & M University. Vinod K. Sharma Associate University Comptroller at Florida A & M University, is the supervisor of William Schmitt. James R. Barrett, Comptroller of Florida A & M University, is the supervisor of Vinod K. Sharma.
Appellant Wilson requested a leave of absence from his position to attend a church conference to be held in Lake City, Florida, on August 10-13
1976. His immediate supervisor, Mr. Schmitt, orally refused the request but advised Mr. Wilson that the denial could be appealed to Mr. Vinod K. Sharma. Mr. Wilson appealed in writing the denial by Mr. Schmitt on August 4, 1976 to Mr. Sharma. Mr. Sharma, on August 4, 1976, sustained the denial of the request
citing as the basis an August 1, 1976 memorandum to all fund accountants from J.
R. Barrett, University Comptroller, asking all fund accountants not to request annual leave during the period from August 3, 1976 through September 7, 1976. The Appellant called in sick on August 9, 1976. He also called in sick on August 10, 1976. He did not call in to explain his absence on August 11, 12, and 13, 1976. Appellant Wilson presented a memo signed by W. H. Baker, M.D., as follows:
"8-9-76 Mr. Ralph Wilson visited my office today because of illness."
There was uncontroverted testimony that Appellant Wilson attended a church meeting on August 11, 12 and 13, 1976, in Lake City, Florida. Evidence was submitted that Appellant Wilson was an active member of the conference in Lake City who served, according to a portion of the program for the conference, as a member of the Board of Examiners at said conference.
Appellant Wilson was transferred to the Comptroller's Office on July 10, 1976. His job description included the following statement by Mr. Barrett:
"Your immediate supervisor will be Bill Schmitt, who at his discretion, may assign you additional duties."
Appellant Wilson admitted that he was in Lake City, Florida on August 11, 12 and 13, 1976, and took an active part in a church conference in Lake City during that period. He admitted that he knowingly violated the personnel rules of being absent without proper authorization.
The Appellant contends that he is discriminated against by his supervisors in that a statement from the doctor is required of other employees and that he is required to bring in certification on sickness anytime that he is sick for more than two (2) days. Appellant contends that his duties assigned are not nearly as much as the Respondent claims them to be, that he was given no credit for coming to work before 8 o'clock or while he stayed at work while his supervisors went on coffee break daily from around 8:15 to 9:00 A.M., that each time he was going to be more than fifteen (15) minutes late he did call in and report the same. Appellant further contends that the Respondent did not prove that he was not sick on the days claimed. He stated he was sick August 9-13, 1976.
Appellant Wilson was notified by mail that he was suspended for three
(3) days by the Agency Head, President B. L. Perry, Jr. Said suspension notice stated that the suspension was for being absent without authorization. He was without authorized leave.
CONCLUSIONS OF LAW
Rule 22A-7.10 Separations., Florida Administrative Code, provides in part:
"(6) Suspensions.
(b) An agency head may suspend any em- ployee for any of the reasons listed in Section 22A-7.10(7)(b), or for any just cause, for a period not to exceed 30 calendar days in any calendar year.
(7) Dismissals.
An agency head may dismiss any em- ployee for just cause. Just cause shall include, but not be limited to, negli- gence, inefficiency, or inability to perform assigned duties; insubordina- tion; willful violation of the provi- sions of these or agency rules and regulations; conduct unbecoming a public employee, misconduct, habitual drunken- ness, or conviction of any crime in- volving moral turpitude."
Rule 22A-8.02 Statements of Policy., Florida Administrative Code, provides in part:
"(6)(b) If an employee's request for leave of absence is disapproved and the employee takes unauthorized leave, the agency head shall place the employee
on leave without pay and after an un- authorized leave of absence for 3 con- secutive work days shall consider the employee to have abandoned the position and resigned from the Career Service."
Rule 1-9 (I)(a), Florida A & M University Personnel Policies and Procedures, reads as follows:
"Failure of an employee to give notice unless practically impossible shall constitute just cause for denial of absence pay allowance, or, in severe or habitual cases, suspension or dismissal."
The suspension of Appellant Wilson for the three (3) day period from August 11, 12, and 13, 1976, was authorized by the foregoing rules promulgated pursuant to Chapter 110, Florida Statutes.
