STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RONALD CANTRELL, )

)

Petitioner, )

)

vs. ) CASE NO. 78-798

) DEPARTMENT OF HIGHWAY SAFETY ) AND MOTOR VEHICLES, CAREER )

SERVICE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on August 31, 1978, in St. Augustine, Florida.

APPEARANCES

For Petitioner: Ronald Cantrell

Route 4, Box 241EZ-1

St. Augustine, Florida 32084

For Respondent: Major John Hicks, Deputy Director

Department of Highway Safety and Motor Vehicles

Northern Region

Neil Kirkman Building Tallahassee, Florida 32304

The issue posed for decision herein is whether or not there is competent and substantial evidence to support the decision of the Department of Highway Safety and Motor Vehicles to suspend Trooper Ronald Cantrell, Petitioner, for a period of eight hours without pay.

FINDINGS OF FACT

1. The facts in this case are not in dispute, however, the Petitioner appealed the agency's act of suspending him for a period of eight hours without pay based on his contention that the suspension "is excessive".

   
   

2. On March 2, 1978, while on duty assigned as a Highway Accident Investigator, the Petitioner investigated an accident which occurred at Kelly's Shell Station which is located on State Road 207 and Interstate 95 in St. Augustine, Florida. After completing his investigation, the Petitioner in an attempt to leave the scene of the accident, struck a sign post with the right front bumper of his car, causing damage to his vehicle in the amount of approximately $728.00. There is no dispute but that the accident was determined to be the fault of the Petitioner. Following the completion of an accident

   report and an investigation of the matter, Captain Hodges, who is assigned to the St. Augustine Office recommended the issuance of a letter of written reprimand to the Petitioner, however, upon review by the headquarters office, the Petitioner was suspended for a period of one day because in the opinion of the reviewing team, such a penalty was warranted in view of circumstances which prompted the accident and the severity of the damage. During the hearing it was further revealed that there were no view obstructions and the weather was clear and dry.

   
   

3. As stated, there is little dispute factually in this case, however, the Petitioner contends that there were no acts of gross negligence on his part; this was his first accident wherein he was charged with fault, and that other troopers involved in similar accidents had only received letters of reprimand.

   
   

4. Chapter 22A-10, Florida Administrative Code authorizes the Respondent, Department of Highway Safety and Motor Vehicles to discipline employees for violations of its rules and regulations. In view thereof, and inasmuch as the suspension herein was issued pursuant to the guides of Chapter 22A-10 and the admissions of Petitioner that he was at fault in causing the accident to which he was suspended, there is competent and substantial evidence to sustain the action of the Respondent in suspending the Petitioner for a period of eight hours without pay. This appears to be an area of discretion which does not lie within the authority of the Hearing Officer to second guess the wisdom of the Respondent, or to attempt to determine whether or not the suspension was "excessive". I shall therefore recommend that the agency action be sustained.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. Competent and substantial evidence was offered during the hearing to sustain the action of the Respondent, Department of Highway Safety and Motor Vehicles in issuing an eight-hour suspension without pay to the Petitioner.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions I hereby recommend that the action of the agency suspending the Petitioner for a period of eight hours without pay be SUSTSAINED.

ENTERED this 27th day of September, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

101 Collins Building

Mail: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1978.

COPIES FURNISHED:

Ronald Cantrell Rt. 4, Box 241EZ-1

St. Augustine, Florida 32084

Major John Hicks, Deputy Director

Dept. of Highway Safety & Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32304

Mrs. Dorothy B. Roberts Appeals Coordinator Career Service Commission

530 Carlton Building Tallahassee, Florida 32304

Docket for Case No: 78-000798

Orders for Case No: 78-000798