STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CLARENCE DENNIS, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1555

)

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

FLORIDA SCHOOL FOR BOYS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a Public hearing in the above styled case on October 11, 1977 at Okeechobee, Florida.

APPEARANCES

For Petitioner: Charles P. Houston, Esquire

326 Datura Street, Room 106 West Palm Beach, Florida 33401

For Respondent: K. C. Collett, Esquire

HRS District IX, Legal Counsel Forum III 1665 Palm Beach Lakes Boulevard

West Palm Beach, Florida 33401

By letter of June 30, 1977 the Superintendent of the Florida School for Boys at Okeechobee, Florida advised Clarence Dennis, Petitioner, that he was being suspended from duty without pay for fifteen calendar days for violating Rules 6, 20, 22, 26, and 28 of Employee Rules of Conduct on June 29, 1977. On July 6, 1977 Petitioner duly filed an appeal from the disciplinary action taken against him and this hearing followed. At the hearing three witnesses were called by HRS, six witnesses, including Petitioner, were called by Petitioner, and four exhibits were admitted into evidence.

FINDINGS OF FACT

1. Clarence Dennis is a house parent at Okeechobee School for Boys and was so employed when he reported for duty at 2:00 P.M. on June 29, 1977 for his shift. The house parent on the previous shift, Eddy Neal, told Dennis that the supervisor, Truesdell, had directed that the boys not play ball near the building where a fence was under construction. Not satisfied with the response from Neal to his query why, Dennis proceeded into the office where Truesdell was located to demand an explanation of why his boys could not play ball in the location they had previously been allowed to play.

2. When Truesdell told Dennis they couldn't play there because he (Truesdell) said so, Dennis became loud, abusive, and profane toward Truesdell. This was overheard by other house parents, supervisors and students. When Truesdell told Dennis to turn in his keys Dennis again cursed Truesdell, ran from the office and slammed the door. Another supervisor who overheard the profanity relieved Dennis from duty and told him to go home and come back the following day when the director would be there. As a result of this incident Dennis was charged with malicious use of profane language, violating decency and morality, conduct unbecoming a public employee, insubordination, and committing any of the above offenses while supervising children.

   
   

3. On March 23, 1977 Delbert Lawver, Director Home Life for the junior campus, who is in charge of all personnel attached to his campus, had a slight run-in with Dennis at the cafeteria when two of Dennis' students got into a fight near the end of the line. At the time Dennis had already entered the cafeteria and was not in a position to stop the fight which was stopped by another house parent. House parents had previously been told to stand in the vicinity of the cafeteria door as their charges entered the room so they could keep them under surveillance. When Dennis indicated to the other house parent that one of those students should be placed in the adjustment unit, Lawver interjected that he would not approve such punishment because the boys were not being properly supervised by Dennis. Thereupon Dennis told Lawver to stay out of the conversation. Lawver shortly thereafter talked to Dennis in private and did not take any further action.

   
   

4. On March 30, 1977 Dennis' supervisor initiated a written reprimand to Dennis following an argument with Dennis involving student's money. Upon investigation by Lawver be refused to issue the reprimand because he didn't feel the supervisor had handled the situation properly. Lawver discussed the incident with Dennis and advised Dennis that he, Dennis, had done or said things he shouldn't have.

   
   

5. On April 20, 1977 Dennis was issued a letter of reprimand for being absent from duty without authorized leave. Dennis had requested, via telephone, permission to be absent the following day and the supervisor denied his request because of a known shortage of house parents. Dennis had arranged to move and stayed off duty despite denial of his request. Partly because of previously overlooked similar absences the reprimand was issued.

   
   

6. There was no basic dispute regarding the facts leading up to the punishment for which this appeal was made. Petitioner appears to take the position that the attitude of Truesdell led to his outbursts against Truesdell and that Truesdell "hassled" Petitioner.

   
   

7. Petitioner has on several prior occasions become involved in altercations with his supervisors when they attempted to correct or modify Petitioner's work in handling the students entrusted to him. In these situations Petitioner became agitated, profane, and felt he was being mistreated by the supervisor.

   
   

8. Some evidence was admitted tending to show that Truesdell was not a well liked supervisor and that had he taken the time to carefully and kindly explain to Dennis all the reasons why the boys could not play ball in the proscribed area, the incident giving rise to the suspension would not have occurred.

9. The authorized punishment for a first offense of violating Article 6 is written or oral reprimand; for violating Articles 20, 22, 26 and 28 the authorized maximum punishment for a first offense is written or oral reprimand, suspension for up to 30 days or dismissal.

   
   

   CONCLUSIONS OF LAW

   
   

10. The malicious use of profane language, violating decency or morality and conduct unbecoming a public employee charged as violation of Rules 6, 20 and

    22 all stemmed from the use of profane language by Dennis against Truesdell on June 29, 1977 and merged for the purpose of punishment. The insubordination which stemmed from the same incident is a separate transaction and was properly charged as a separate offense. Likewise committing any of the other offenses while supervising children constitutes a separate offense in the nature of aggravation of the other offenses.

    
    

11. Petitioner's contention that his problems with Truesdell would not have arisen but for Truesdell "hassling" him is without merit. Petitioner initiated the confrontation by challenging Truesdell's orders and demanding an explanation. While more pleasant relations will exist if all parties exercise courtesy and kindness for others, there is no legal requirement for a supervisor to explain the reasons for his orders. One disobeys such orders at his peril as they carry a presumption of correctness. Here the orders for the boys not to play in the area of the new fence construction was not only a lawful order, it was also one that had been passed down to Truesdell by his superiors.

    
    

12. Supervisors cannot supervise unless they have authority to carry out their supervisory responsibilities. Among the most essential authority is that to give orders and direction to employees and expect those orders to be followed. Implicit in that authority is protection from threats, intimidation, vulgar language and disobedience from the person given the order or instructions.

    
    

13. From the foregoing it is concluded that the Petitioner committed the offenses as alleged and that the punishment of 15 days suspension from duty without pay is well within the authorized punishment for the offenses of which Petitioner was charged and found guilty. Full discretion to determine an appropriate punishment for just cause rests with Respondent. Department of Administration v. Hunter, 323 So.2d 24 (App. 1st Dist. 1975). It is therefore

Recommended that the appeal of Clarence Dennis from the 15 days suspension from duty without pay by Respondent be dismissed.

DONE and ENTERED this 18th day of October, 1977, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

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

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of October, 1977.

COPIES FURNISHED:

Charles P. Houston, Esquire Room 106, 326 Datura Street Post Office Box 2717

West Palm Beach, Florida 33401

K. C. Collett, Esquire

HRS District IX, Legal Counsel Forum III

1665 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401

Mrs. Dorothy B. Roberts Appeals Coordinator Career Service Commission

Room 530, Carlton Building Tallahassee, Florida 32304

Docket for Case No: 77-001555

Orders for Case No: 77-001555