R. DYKES, )
vs. ) DOCKET NO. 77-2159
Respondent. )
Pursuant to notice a public hearing was held in the Conference Room, Juvenile Justice Center, 1800 St. Marys Street, Pensacola, Florida, on February 24, 1978, before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, Department of Administration.
For Petitioner: C. R. Dykes, In Proper Person
For Respondent: Enoch J. Whitney, Esquire
Whether the Respondent's suspension of Petitioner was in compliance with Chapter 110, Florida Statutes, and Chapters 22A-7 and 22A-10, Florida Administrative Code.
Whether the Respondent's suspension of Petitioner should be sustained.
C. R. Dykes is a State Trooper employed by Respondent, Department of Highway Safety and Motor Vehicles, in the Division of Florida Highway Patrol in Pensacola, Florida.
By certified mail letter dated September 30, 1977, Trooper Dykes, the Petitioner, was notified that he was being suspended for twenty-four (24) hours (three work days) without pay by the Respondent, Department of Highway Safety and Motor Vehicles, Division of Florida Highway Patrol, for:
Conduct Unbecoming a Public Employee and Negligence of Duty, as a result of your failure to accept witness subpoenas, and your
contact with civil deputies of Escambia County, Florida . . . (Y)ou failed to accept witness subpoenas and repeatedly used profanity when discussing these subpoenas with civil deputies of Escambia County.
Trooper Dykes appealed this suspension.
Petitioner presented testimony and documentary evidence that at least on one occasion the Respondent did not appear for a contested hearing before the County Court of Escambia County after a witness subpoena had been issued for him and the subpoena was served on Respondent by leaving it with Operator Wise at the distribution center at the Patrol Station. The subpoena was not picked up by the Respondent and the Respondent informed the court that he had not received the subpoena. On July 6, 1977, Trooper Dykes was served with a Grand Jury subpoena by Lieutenant G. C. Wiggins and Sergeant W. A. Clark who supervised Trooper Dykes and the other State Troopers in the Pensacola District. Personal service was deemed necessary.
Testimony was entered that because of previous difficulty in serving subpoenas upon Trooper Dykes in the customary manner by having the Troopers pick up their subpoenas from the Radio/Teletype Operators of the Pensacola Florida Highway Patrol Station, Deputy D. L. Roland, Escambia County Sheriff's Office, served a witness subpoena upon Trooper Dykes by serving it at Trooper Dykes' home through his wife, Mrs. Dykes, who accepted service with no apparent objections at 1:30 p.m. on Friday, July 22, 1977.
Trooper Dykes called Sergeant Vince Seely, now Lieutenant Seely, thereafter at 4:00 pm, on July 22, 1977, to complain about the witness subpoena served at his home address rather than at the Florida Highway Patrol Station. Lt. Seely testified that during the telephone conversation Trooper Dykes yelled into the telephone, cursed Lt. Seely and the Sheriff's Office, made unfounded accusations, and displayed unprofessional behavior, attitude, and lack of cooperation.
The Respondent contended that the telephone conversation was strictly between Sergeant Seely and the Respondent; the service of the subpoena was not urgent; that 1:15 p.m. is not a reasonable time of day for a person working from midnight to 8 o'clock in the morning; that the birth of a child was imminent; and that the subpoena could have been left at the station rather than have been served at his home.
There was some evidence presented that the Respondent "gave the dispatchers a hard time who informed him they had a subpoena for him."
CONCLUSIONS OF LAW
Chapter 110, Florida Statutes, and Chapter 22A-7 and 22A-10, Florida Administrative Code, together with Respondent's general order 43, Appendix B-1, and general order 43-2, 2.1 Disciplinary Action provide that an employee may be suspended for conduct unbecoming to a public employee and negligence of duty.
Petitioner was in violation of the requirements and spirit of the foregoing statutes and rules and policies when he failed to pick up subpoenas
from the dispatching office on occasions and required subpoenas to be personally served on him. He violated the rules and regulations when he telephoned his supervising officer relative to the service of a subpoena on him and used profane and vulgar language.
The Petitioner knew or should have known that his failure to cooperate in the orderly transmissions from the courts to the Troopers and his conduct and losing his temper when he spoke to his supervising officer would cause an investigation that might lead to his suspension or dismissal from employment.
